Title XXII, Navigation; Harbors; Coast Survey

I. No owner of any float, dock, raft or similar device or structure shall employ for flotation in the public waters of the state any container which formerly contained any hazardous or toxic substance, as defined by RSA 147-B:2, which poses a danger to public health or the enviro…

No commercial boat, private boat, or sail boat shall race with another such boat over a predetermined course on any of the public waters of the state unless the course is laid out and marked in a manner satisfactory to the director of state police and said race is held under a pe…

While motorboats are racing on a course as described in RSA 270:27, no aircraft, in landing or taking off from the water, and no boat, however propelled, shall traverse or cross said course within 1/2 mile of an approaching boat, except in an emergency or when engaged in the comm…

It shall be unlawful to operate a boat or canoe propelled by mechanical power on any stream or body of water within the boundaries of that part of the White Mountain National forest that is situated within the state of New Hampshire. The provisions of this section shall not apply…

Any person who shall operate a power boat upon any waters of the state in a careless and negligent manner or so that the lives and safety of the public are endangered shall be guilty of a violation.

Any person who shall operate a power boat upon any waters of the state in a reckless manner or so that the lives and safety of the public are endangered shall be guilty of a misdemeanor. A violation of this section shall include payment of a fine of not less than $500, a loss of …

I. No person under 16 years of age shall operate a motorized vessel having power in excess of 25 horsepower on the public waters of this state unless the person is accompanied by a person 18 years of age or older who has a valid safe boater education certificate, and such person …

No child 12 years of age or under shall operate, control, or be transported on the deck of a boat or vessel which is underway upon the public waters of the state unless said child is wearing a personal flotation device of a type approved by the United States Coast Guard; provided…

Notwithstanding any other provision of law except RSA 270:30-a, sailboards shall not be required to be equipped with personal flotation devices, and persons on sailboards shall not be required to wear these devices or to have them readily available. For the purposes of this secti…

I. (a) "Engine cut-off switch (ECOS)" means a system of lanyards, electronic switches, fobs, or similar devices manufactured specifically for the purpose of disabling propulsion or a vessel engine when the operator is unexpectedly displaced from the vessel's helm. (b) "Headway sp…

I. Any person engaged in scuba diving on any of the public waters of the state and any person engaged in snorkeling in normally traveled navigable public waters shall have a diver's flag, consisting of a red flag with a diagonal white stripe, displayed indicating that diving acti…

Any person violating the provisions of RSA 270:31 shall be subject to the following penalties: I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $25 for each offense. II. If the offense occurs on or after November 1, 1973, he shall be guilty of a…

An operator of any unofficial or unauthorized watercraft of any type approaching within 150 feet of a diver's flag being displayed in accordance with RSA 270:31, shall be subject to the penalties provided in RSA 270:32, I and II. Official watercraft shall use precaution when offi…

No person shall put, place, operate, or cause to be put, placed, or operated in the waters of this state any so-called heating, agitating, or other device which inhibits or prevents the natural freezing of water, or forming of ice, and thereby impedes either the ingress or egress…

Any person operating or hereinafter operating any such agitating or heating device which tends to inhibit the natural production of ice on public waters must obtain a registration to be designed and distributed by the department of safety, from the municipal clerk of the town in …

Any person seeking to operate a device tending to inhibit the natural production of ice on public waters in violation of this subdivision shall be, if a natural person, guilty of a violation and if any other person, guilty of a misdemeanor, and the activity enjoined by the court …

In this subdivision: I. "Director" means the director of the division of state police. II. "Marine engine" means a motor, including an outboard motor, suitable for the propulsion of a boat upon water.

I. No person may operate, sell, or offer for sale any marine engine which is capable of being operated in a manner which exceeds the following noise levels measured under any testing procedure established pursuant to rules adopted under RSA 270:39: (a) For a marine engine manufac…

I. The director or the director's agent may use stationary sound level testing to determine marine engine noise levels for boats. Such testing shall be conducted while boats are stationary on the water according to test SAE J2005. II. Noise levels in decibels for stationary sound…

Any marine engine manufactured after December 31, 1976 and offered for sale in this state shall be certified to the director as having been tested and found not to exceed the noise levels prescribed in RSA 270:37, I. An outboard motor shall be certified by the motor manufacturer.…

The commissioner of safety shall adopt rules, pursuant to RSA 541-A, relative to: I. Testing procedures to determine marine engine noise levels. II. Certification under RSA 270:38. III. Testing procedures for stationary sound level testing, as authorized by RSA 270:37-a, to deter…

No person may remove or alter the propulsion unit, the enclosure or any part of a marine engine or modify the mounting of a marine engine in or upon a boat in such a manner as to exceed the noise levels prescribed in RSA 270:37.

This subdivision shall not apply to: I. A motorboat competing under a permit issued by the director in a regatta, boat race, trial run for a speed record or official trial for a speed record during the time and in the designated area authorized by the permit. II. A motorboat prep…

Any person who violates the provisions of RSA 270:25, 270:37, or 270:40, or any person who owns a boat which is operated with his permission or assent in violation of RSA 270:25, 270:37, or 270:40 shall be guilty of a violation for a first offense and guilty of a misdemeanor for …

In this subdivision: I. "Dinghy" means a boat primarily used as a means of travel to and from, and used only in conjunction with, the owner's principal boat. II. "Lifeboat" means a boat principally used for rescue purposes and associated with a larger vessel. III. "Occupied" mean…

I. The commissioner of safety, pursuant to RSA 541-A, shall adopt rules which shall be binding on all persons owning, leasing or operating boats and which: (a) Further define and regulate the practice of rafting of boats; and (b) Designate prohibited locations or times, in or dur…

Except as otherwise provided in this subdivision, no person shall, in a prohibited location or at a prohibited time: I. Form or allow the boat which he is operating or in charge of to be a member of a raft consisting of 3 or more boats; II. Form or allow the boat which he is oper…

The provisions of RSA 270:44 shall not apply to: I. Boats anchored or moored at marinas or yacht clubs or private docks with the owner's permission; II. Boats involved in or attending a fireworks display, a boat parade, a boat race, or any other such public events as the director…

A person shall be guilty of a violation if he: I. Fails to comply with the provisions of this subdivision or any rule adopted thereunder; II. Refuses to cooperate with a law enforcement officer in the determination of compliance with the provisions of this subdivision or any rule…

In this subdivision: I. "Director" means the director, division of state police, department of safety. II. "Division" means the division of state police, department of safety. III. "Mooring" when used as a noun, means a mooring anchor, or other fixed object or stationary point, w…

I. The general court finds that: (a) Water is a public resource held in trust by the state and that the state maintains jurisdiction to control the use of public waters for the greatest public benefit; and (b) The public waters are a significant asset which enhance the well-being…

I. Any person erecting, installing, maintaining, or exercising control over a mooring on Lake Winnipesaukee; Lake Winnisquam; Squam Lakes; Newfound Lake; Ossipee Lake; and Lake Sunapee shall obtain a mooring permit from the division as provided in this subdivision. II. Any person…

I. The commissioner of safety shall, after receiving a petition signed by 25 or more residents or property owners of each affected town or towns in which a lake, pond, or river is located and after notice and hearing at which it appears that the public interest requires the use o…

I. The division shall issue a decal containing a control number for any mooring to any person who has completed the permit application procedure adopted pursuant to RSA 270:71 and met the requirements of this subdivision and applicable rules. A record of the issuance of the decal…

I. A mooring permit shall not be construed as ownership of any real or personal property and shall not be transferred to any other person or location by gift, sale, lease, or rent except as provided in RSA 270:67. II. No person shall charge or be charged for the use of a mooring …

I. No mooring shall be located: (a) In such a manner that it constitutes a hazard to the public safety because it interferes with or impedes, or could potentially interfere with or impede, navigation; or (b) In such proximity to other moorings as to constitute a hazard to public …

I. (a) No person shall dock, moor, make fast, or otherwise secure a vessel to a dock, mooring, or pier of another, knowing that the person is not licensed or privileged to do so. (b) No person shall anchor within an approved congregate or public mooring field. II. The commissione…

The division of state police shall propose rules to develop standards for granting special exceptions for the placement of from 2 to 4 moorings adjacent to a shorefront property. The placement of 5 or more moorings adjacent to a shorefront property shall require approval pursuant…

I. The director or his agents shall remove or cause the removal of, or shall move or cause the moving of, any mooring, mooring component, or boat attached to it, or any combination thereof, which: (a) Is in violation of RSA 270:63; or (b) Is in violation of RSA 270:64; or (c) Doe…

I. Public Mooring Fields. (a) The division of state police shall identify suitable locations for public mooring fields and prioritize the need for the development of such sites. In determining said locations the division of state police shall recommend each location size and the …

I. The division shall determine the need and suitable locations, size, and configuration for mooring areas. The director shall designate appropriate mooring areas and assign mooring sites within such designated areas to individuals who meet all other requirements of this subdivis…

The commissioner of the department of safety shall hear and decide appeals of any decisions made under this subdivision. The commissioner shall conduct appeals hearings according to the provisions of RSA 541-A for adjudicative proceedings.

Nothing in this subdivision shall relieve the holder of a mooring permit from liability relating to water pollution, accidents, or other liabilities associated with a mooring or boat ownership.

I. The director of the division shall adopt rules under RSA 541-A relative to: (a) The content and design of all forms and permits necessary under this subdivision. (b) The method of filing applications for mooring permits and standards to be met pursuant to RSA 270:64. (c) Proce…

I. Except as provided in paragraph II, any person violating the provisions of this subdivision shall be guilty of a violation for the first offense and guilty of a misdemeanor for any additional offenses. II. Any person who steals or falsifies a decal issued under RSA 270:62 shal…

All commercial establishments that offer public docking or launching facilities and sell food or fuel to boat users shall provide toilet facilities to such users.