Title L, Water Management and Protection

To provide working capital for initiation of the fund established in RSA 482:55, the state treasurer is hereby authorized to borrow upon the credit of the state the sum of $9,800,000 and for said purpose shall issue bonds and notes in the name of and on behalf of the state of New…

Notwithstanding other provisions of law, the commissioner of environmental services shall expend such sums from the dam maintenance fund as are necessary for performance of work on state-owned dams and property associated with and contiguous to state-owned dam sites, as well as n…

As used in this subdivision: I. "Local legislative body" means one of the following basic forms of government utilized by a municipality: (a) Council, whether city or town. (b) Mayor-council. (c) Mayor-board of aldermen. (d) Village district commissioners in a village district or…

Upon written notice from the department, the owner of a non-permitted dam on the outlet of a great pond shall comply with the provisions of RSA 482:5. The department, after 30 days' notice to abutters, to the governing body of the municipality in which the dam is situated, to the…

The local governing body of any municipality in which the whole or a part of a dam is located, if it has reason to believe the dam may be in disrepair, may petition the department for an investigation to determine whether such dam is in disrepair. The local governing body shall s…

The department, upon its own motion or upon the filing of a petition pursuant to RSA 482:60, shall notify the owner of such dam of the filing of said petition and set a time and place for a hearing to determine whether such dam is in disrepair. Said notice shall be given at least…

Upon receipt of a petition under RSA 482:60, the department may, either before or after said hearing, cause an inspection of said dam to be made by a competent person, who may be one of its employees.

Pursuant to notice given by the department, it shall hold a public hearing and find, upon evidence furnished by its employees or others, whether said dam is in disrepair. If the department finds such dam in disrepair, it shall request the dam owner to make the requisite repairs o…

If the owner shall fail to comply with such request, a municipality in which all or a portion of such dam is located may take, by eminent domain proceedings before the department as provided in this subdivision, such dam and other real estate, franchises, easements, flowage and o…

Eminent domain proceedings shall not be taken under this subdivision unless authorized by a vote of a majority of all voters present and voting at an annual or special meeting of the town or village water district or by a 2/3 vote of all elected members of the town council. A cit…

A special town or village water district meeting or town council meeting to authorize action under this subdivision may be called by the local legislative body by posting or causing to be posted a written or printed copy of the warrant noticing such meeting at the place of meetin…

If, within 2 years from the finding by the department that a dam is in disrepair, a municipality in which a portion of such dam is located desires to take such property by eminent domain proceedings, the local legislative body may in writing so petition the department. Such petit…

Upon receipt of the petition provided for in RSA 482:67, the department shall notify the owners of property likely to be affected by such proceedings by publication as provided in RSA 482:61, and set a time and place for a hearing to determine what property shall be taken by the …

After said notice, a public hearing shall be held and the department shall find, upon evidence furnished by its employees or others at the hearing, what property and rights are reasonably required by the municipality for the acquisition of the dam, other real estate, franchises, …

No dam shall be constructed on the outlet of a great pond after September 3, 1977, without specific authorization from the legislature and without a permit to construct a dam from the department according to such terms and conditions as it deems necessary for the public safety.

Any party aggrieved by an order of the department awarding damages may, within 60 days after entry of the order, file a petition in the superior court of the county in which the land is wholly or partially located to have the damages assessed by a jury, upon which petition notice…

If an owner or the owners of real estate, franchises, easements and other property affected by proceedings under this subdivision is under any legal disability and is not under guardianship in this state or his residence is unknown or uncertain, the department shall upon applicat…

A municipality shall expend such sums as may be necessary to satisfy any judgment of the department pursuant to RSA 482:69 and any appeal from such judgment and such sums may be taken from moneys (a) raised from the sale of bonds, sufficient authority for the issuance of which sh…

A municipality acting through its local legislative body may employ engineers, counsel and others and defray other expenses incident to proceedings under this subdivision.

Access to a dam and adjacent property may be had at all times by representatives of the department or a municipality to implement the purposes and intent of this subdivision.

In order for the state of New Hampshire to cooperate fully with federal agencies in watershed management as provided for under Public Law 566, as amended, all jointly sponsored soil conservation districts projects for watershed protection, flood prevention, and water management a…

All property and rights acquired by the department for projects in cooperation with federal agencies as provided for under Public Law 566 and pursuant to RSA 482:75 which are nonrevenue-producing shall be exempt from all taxation and shall not be subject to the provisions of RSA …

I. The department is authorized to cooperate with cities and towns in the development of small-watershed projects as planned by the Natural Resources Conservation Service of the United States Department of Agriculture and local sponsoring organizations, under the provisions of Pu…

If it becomes necessary to change the elevation of or to relocate a highway in the primary or secondary state highway system because of the construction of a dam or the impounding of water by a dam under a small-watershed project, the cost of the change of elevation or the reloca…

The department may, upon its own motion or at the request of the attorney general or upon complaint of not less than 10 owners of property on any inland public water in the state, make a preliminary investigation of conditions affecting the use and enjoyment of any such public wa…

Permitting of a dam pursuant to RSA 482:5 or the granting of a permit for a dam pursuant to RSA 482:7 by the department does not relieve the owner from meeting the requirements of public safety or other provisions of law nor does it convey a property right or authorize any injury…

Annual registration fees for dams shall be payable to the department on January 1 of each calendar year. Yearly dam registration fees shall be based on classification as follows: Low hazard potential = $800; Significant hazard potential = $1,500; High hazard potential = $3,000. I…

If, as a result of such further investigation, the department shall be of the opinion that such management and control of the outlet and the connected instrumentalities is lawful, and that changes in such management and control in the public interest would deprive the owner of th…

If, upon complaint of not less than 10 owners of property on any inland public water in the state, the department determines that a hearing is required, notice shall be provided to the owner of the outlet of such water. If personal service is impractical in the opinion of the dep…

When in the opinion of the department it is in the public interest for the state to accept gifts or grants of real estate, or any interest in real estate, contiguous to inland public waters, rivers or streams, the department shall recommend such acceptance to the governor and cou…

The petitioners for a hearing pursuant to the provisions of RSA 482:79 shall make a deposit to the department of $100 with each such petition. This payment shall be for expenses of publication, mailing, and posting of notices by the department and for the expenses of hiring a hea…

The gauging station maintained by the United States Geological Survey at Endicott Park at the Weirs in Laconia, New Hampshire, located approximately 500 feet northwesterly from the northerly end of the channel connecting Lake Winnipesaukee and Paugus Bay is established as the off…

The department shall cooperate with the United States Geological Survey in the establishment and maintenance of stream flow gauging stations on streams in this state for the purpose of providing the people and industries of this state with information which will assist them in th…

No member of the department shall sit upon the hearing of any question which the department is to decide in a quasi-judicial capacity who would be disqualified for any cause, except knowledge of the facts involved gained in the performance of his official duties, to act as a juro…

The department shall have the power to issue permits and to make orders under this chapter, conduct hearings, subpoena and examine under oath owners of dams, their books, records, documents, correspondence, and accounts, and to subpoena any other person it deems necessary to impl…

The department is authorized to require cities and towns that operate state-owned dams to do so in accordance with the provisions of this chapter and those of RSA 481 and pursuant to rules adopted by the commissioner under RSA 541-A, upon the request of the governing body of a ci…

I. The following shall constitute a violation of this chapter, with each day of noncompliance constituting a separate violation: (a) Failure to comply with any provision of this chapter, any rule adopted to implement this chapter, or any permit issued pursuant to this chapter; (b…

I. No person shall begin the construction or reconstruction of any dam until: (a) The person has filed with the department a statement of the height of the proposed dam and the location at which it is to be erected and any other information the department may require. (b) A permi…

The department is authorized to confer and agree with legally constituted similar authorities of other states or agencies of the federal government.

I. Upon the recommendation of the department, the governor and council are authorized, in the name of and on behalf of the state, to enter into agreements or compacts with any one or more of the New England states or an adjoining country as the governor and council may deem to be…

Nothing in this chapter shall be construed as applying to interstate or foreign commerce except as may be permitted by the federal constitution and laws enacted under it.