New Hampshire Administrative Code

(a) Any hearing required pursuant to Pda 507.03(a) shall be held by the director or designee. (b) If a mooring permit is denied, or revoked under Pda 507.03 after notice and opportunity for a hearing, notice of the denial or revocation and the reason(s) therefore shall be sent to…

(a) A mooring permit holder shall provide written notification to the division within 15 business days of: (1) The sale or other disposition of the vessel for which the permit has been issued; (2) The sale of the shorefront property used to qualify for a shorefront property moori…

(a) When a mooring permit is revoked, the owner of the mooring shall remove the block and tackle or other mooring equipment pursuant to Pda 510.07. (b) If the owner of the mooring fails to remove the block and tackle or other mooring equipment within the time required under Pda 5…

(a) A commercial vessel owner may transfer his or her commercial use mooring permit(s) to a new owner if the permit holder's business, including the vessel for which the commercial use mooring permit(s) was issued by the division, is sold or under a contract of sale, subject to: …

(a) A holder of a commercial mooring for hire mooring permit may transfer his or her commercial mooring for hire mooring permit(s) to a new owner if the permit holder's business is sold or transferred, subject to: (1) The buyer's submitting an application for a commercial mooring…

(a) If a vessel is owned by spouses jointly with right of survivorship and passes to a surviving spouse as a result of death, and the spouse whose name appears on a general use, shorefront property, or commercial use mooring permit, or on a commercial mooring for hire mooring per…

(a) When the division determines that a mooring field, mooring subfield, or nearshore area is at capacity, the division shall establish and maintain a mooring wait list for each mooring field, mooring subfield, or nearshore area. (b) Mooring wait lists shall be established for mo…

The division shall maintain maps at the division office of mooring fields, mooring subfields, and nearshore areas. Notes N.H. Admin. Code § Pda 509.02 #7940, eff 8-23-03; ss by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500) Amende…

(a) A person seeking to be placed on a mooring field, mooring subfield, or nearshore area wait list shall obtain a mooring wait list application form: (1) In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or (2) By sending a request in w…

(a) The division shall place the applicant's name on the wait list or lists for the mooring field(s), mooring subfield(s), or nearshore area(s) that the applicant has indicated in the wait list application, if the applicant has paid the mooring wait list fee(s). (b) No wait list …

(a) If a shorefront property owner submits an application for a shorefront property owner mooring permit or for a commercial mooring for hire mooring permit as described in Pda 502.05(b), and a mooring location is available within the property owner's shorefront property mooring …

(a) For purposes of this section, "written notice" means notice sent by certified mail. (b) When a mooring location becomes available in a wait list mooring field, mooring subfield, or nearshore area, the chief harbor master or designee shall send written notice to the first 5 pe…

(a) An applicant who seeks to remain on a mooring wait list(s) shall renew his or her wait list status annually by March 1 of each year by submitting a mooring wait list application in accordance with Pda 509.03 and payment of the wait list fee, or within 10 business days after M…

(a) In order to maintain updated information with the division, any person on a mooring wait list shall notify the division in writing, within 30 business days of the change, of any change of wait list information or any change of address or telephone number. (b) If an applicant …

(a) Mooring buoys shall be polystyrene foam blocks or acrylonitrile butadiene styrene (ABS) type plastic buoys. All other types of buoys shall be prohibited. (b) All mooring buoys and floats shall be: (1) Blue and white; or (2) Orange. (c) A mooring buoy shall be installed at the…

The mooring permit holder shall write in permanent ink his or her last name, if an individual, or the name of the business organization, trust or not-for-profit entity, as applicable, and the mooring permit number on the mooring buoy in letters and numbers at least 2 inches in si…

(a) All moorings shall be so located or relocated so that the vessels secured by them shall not impede navigation within the tidal waters or endanger other vessels. (b) If the chief harbor master or designee determines that any vessel is moored so as to impede navigation or to en…

Except by direction of the chief harbor master or designee as provided in Pda 510.03, no person: (a) Shall move or interfere with any mooring in the state tidal waters; and (b) Other than the owner of a vessel or the owner's designee, shall move or interfere with any moored vesse…

(a) The division shall issue a mooring permit for a particular mooring location. It shall be the responsibility of the mooring permit holder to install and maintain mooring equipment that will ensure that the assigned vessel and mooring equipment remain on station at the permitte…

If a mooring permit is revoked, the division shall notify the mooring permit holder in writing to remove the mooring block and tackle or other mooring equipment as provided in Pda 507.06 within 10 business days of the receipt of notice from the division. Notes N.H. Admin. Code § …

If a mooring permit holder fails to remove the mooring block and tackle or other mooring equipment in accordance with Pda 510.06, the division shall cause the block and tackle or other mooring equipment to be removed. Any fees incurred as a result of the division's removal of the…

(a) Each person seeking a general use mooring permit or temporary seasonal general use mooring permit as provided in Pda 506.11(e)(1) shall complete a general use mooring application form provided by the division and hand deliver or mail the completed application to: Pease Develo…

(a) Each person seeking a shorefront property owner mooring permit shall complete an individual or business shorefront property owner mooring application form provided by the division and hand deliver or mail the completed application to: Pease Development Authority Division of P…

(a) Each person seeking a commercial use mooring permit or temporary seasonal commercial use mooring permit as provided in Pda 506.11(e)(2) shall complete a commercial use mooring permit application form provided by the division and hand deliver or mail the completed application …

(a) Each person seeking a commercial mooring for hire mooring permit shall complete an application form provided by the division and deliver or mail the completed application to: Pease Development Authority Division of Ports and Harbors 555 Market Street Portsmouth, NH 03801 (b) …

(a) Each applicant seeking a non-revenue mooring permit shall complete a non-revenue mooring application form provided by the division and hand deliver or mail the completed application to: Pease Development Authority Division of Ports and Harbors 555 Market Street Portsmouth, NH…

(a) Each person seeking to be placed on the division's mooring wait list or lists shall complete an application form provided by the division and hand deliver or mail the completed application to: Pease Development Authority Division of Ports and Harbors 555 Market Street Portsmo…

(a) Following adoption of a mooring fee schedule, mooring fees shall remain in effect until new fees are adopted in accordance with (b) below. At least once a year the division director shall review the schedule of mooring fees. If the division proposes to modify mooring fees, th…

The following types of mooring fees shall be set by the schedule of mooring fees determined under Pda 512.01: (a) Initial application fee for the following types of mooring permits, to be paid in addition to the permit fee:(1) General use mooring permit; (2) Shorefront property o…

Mooring fees shall not be waived for any type of mooring permit holder, except for non-revenue mooring applicants granted non-revenue mooring(s) under Pda 506.10. Notes N.H. Admin. Code § Pda 512.03 #7940, eff 8-23-03; ss by #8021, EXEMPT, eff 1-1-04

(a) All mooring fees shall be nonrefundable, except as provided in Pda 506.01. (b) The fee(s) paid by check or money order shall be made payable to "Pease Development Authority, Division of Ports and Harbors or "PDA-DPH." Source. #7940, eff 8-23-03; ss by #8021, EXEMPT, eff 1-1-0…

Notwithstanding Pda 503 to Pda 512, the division director shall, upon request from an individual authorized by a state or federal law enforcement agency, set a temporary or permanent mooring to be held by the authority or the authority's designee for the use of a state or federal…

(a) "Application period" means the period of time between January 15 and 10 business days after March 1 of the year for which the mooring permit application was submitted. (b) "Incapacitated" means a physical or mental condition that results in: (1) The inability of an individual…

(a) Any holder of a mooring permit whose mooring permit was revoked after notice and an opportunity for a hearing by the division director pursuant to Pda 507.03, and any applicant for a mooring permit whose application was denied by the division director pursuant to Pda 506.06(f…

A petition for reconsideration shall: (a) Specify the date of the challenged decision; (b) Specify every reason that the action taken by the division director or authority was unlawful or unreasonable, including any error of law or error of fact; (c) Include as an attachment a co…

(a) A petition for reconsideration by the division director:(1) For revocation of a permit pursuant to Pda 507.03, shall be filed with the division director within 10 business days from receipt of notice of the revocation; and (2) For a permit denial pursuant to Pda 506.06(f), Pd…

(a) A petition for reconsideration by the authority shall be filed by the petitioner with the authority within 10 business days from receipt of notice that the authority has denied: (1) The issuance of a commercial mooring for hire mooring permit pursuant to Pda 506.09(h); (2) A …

(a) If the division director has denied a request to issue the permit sought after in a petition for reconsideration under Pda 514.04, the petitioner may appeal to the authority within 10 business days after receipt of written notice of denial by the division director. (b) The ap…

A request for appeal shall: (a) Specify the date notice of the division director's denial of the request to issue the permit sought after in a petition for reconsideration was received by the appellant; (b) Specify every reason that the action taken by the division director or au…

(a) The chair of the board shall designate a board member to review appeals to the authority under Pda 514.06. (b) The board designate shall: (1) Notify the appellant in writing that the board designate will be reviewing the matter on appeal on behalf of the board and preparing a…

(a) Within 10 business days of receipt of a recommendation from a board designate, the authority shall notify the appellant in writing: (1) That the authority will be reviewing the board designate's recommendation regarding the appeal; (2) Of the date, time, and location of the r…

The authority shall render a decision regarding the appeal no later than the next regularly scheduled board meeting following any board meeting held under Pda 514.09. Notes N.H. Admin. Code § Pda 514.10 #9641, eff 2-1-10; ss by #9975, eff 8-20-11 (See Revision Note at chapter hea…

(a) If the authority determines that the permit should be granted because the appellant has met its burden of proving by a preponderance of the evidence that the decision of the division director to deny the appellant's request to issue the permit sought after in the petition for…

(a) Upon making a finding of misconduct on the part of any representative appearing before the director, authority or board designate, as applicable, the director, authority or board designate shall prohibit that individual from acting as a representative for the pending matter. …

(a) Any person seeking reconsideration or appellant may ask the director, authority, or board designate, as applicable, to extend any time limit established by Pda 514. (b) A request for an extension of time shall be made in writing to the director, authority, or board designate,…

(a) Any appellant or person seeking reconsideration may request that a meeting conducted pursuant to Pda 514 be continued for reasonable cause and reconvened or rescheduled. (b) Prior to filing a request for a continuance of any scheduled meeting regarding a pending reconsiderati…

The chief harbor master or designee shall at any time order any vessel at anchor to change position when, in the chief harbor master or designee's opinion, such vessel is so anchored as to impede navigation or to endanger other vessels. Notes N.H. Admin. Code § Pda 515.01 #7940, …