Title L, Water Management and Protection

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…

The department shall provide a reasonable opportunity for public comment on proposals under RSA 482-A:3 and shall hold a public hearing for projects with significant impact on the resources protected by this chapter or of substantial public interest. The department shall notify b…

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…

A license may be refused, or a license duly issued may be suspended or revoked, or the renewal of such license refused by the board on the board's own investigation and motion or upon motion or written complaint of an interested party if the board has good and sufficient reason t…

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…

I. Before taking any action under RSA 482-B:8, the board shall give notice of its intention to do so by certified mail to the person against whom the proposed action is to be taken. Upon receipt of such notice, the person affected may within 30 days request a hearing. If a hearin…

Like notice shall be mailed to all known abutting landowners, supplemented by reasonable notice by newspaper publications to those unknown, as may be ordered by the department.

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.

New Hampshire's lakes are one of its most important natural resources; vital to wildlife, fisheries, recreation, tourism, and the quality of life of its citizens. It is the policy of the state to insure the continued vitality of New Hampshire lakes as key biological, social, and …

I. It is the purpose of the general court in this section to recognize and confirm the historical practice and common law right of the public to enjoy the greatest portion of New Hampshire coastal shoreland, in accordance with the public trust doctrine subject to those littoral r…

The general court recognizes that polychlorinated bi-phenyl (PCB) contamination is widespread in New Hampshire and impacts both land and water. As a result of PCB laden products used both as intended and inappropriately dumped from 1929-1977, over 100 waterways have become impair…

The department of environmental services shall develop and implement a model for managing the flow of water in the Winnipesaukee River watershed.

New Hampshire's rivers and streams comprise one of its most important natural resources, historically vital to New Hampshire's commerce, industry, and tourism, and the quality of life of New Hampshire people. It is the policy of the state to ensure the continued viability of New …

The general court finds that: I. The shorelands of the state are among its most valuable and fragile natural resources and their protection is essential to maintain the integrity of public waters. I-a. A natural woodland buffer, consisting of trees and other vegetation located in…

I. The rivers coordinator shall provide technical assistance to local river management advisory committees, regional planning commissions, and municipalities, and shall encourage the development and implementation of local river corridor management plans pursuant to RSA 483:8-a, …

Nonconforming, undeveloped lots of record that are located within the protected shoreland shall comply with the following restrictions, in addition to any local requirements: I. Except when otherwise prohibited by law, present and successive owners of an individual undeveloped lo…

The general court finds that the development of any dam or channel alteration activities within a natural river or segment or the development of any new dam within a rural, rural-community, or community river or segment, except as provided in RSA 483:9-a, II, RSA 483:9-aa, II, an…

I. Except as otherwise prohibited by law or applicable municipal ordinance, nonconforming structures located within the protected shoreland may be repaired, replaced in kind, reconstructed in place, altered, or expanded. Repair, replacement-in kind, or reconstruction in place may…

The commissioner, with the advice of the advisory committee, shall adopt rules, pursuant to RSA 541-A, relative to the following: I. Content and submission of nominations, including requirements and criteria for river segments whose salinity, flow, or level is influenced by tides…

I. The governing body of a municipality may, in its discretion, request the commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the governing body finds that special local urbanization conditions as defin…

Upon enactment of this chapter, all state agency actions affecting rivers or segments of such rivers which may be designated for protection under this chapter shall conform to the provisions of this chapter.

[Paragraph I effective until July 10, 2028; see also paragraph I set out below.] I. Any state agency considering any action affecting any river or segment designated under this chapter shall ensure that the rivers coordinator and the local river management advisory committee are …

I. Any activities permitted under this chapter shall be subject to all applicable state and federal laws and regulations. II. Nothing in this chapter shall prohibit the continued operation, repair and maintenance of hydroelectric storage and generation facilities existing on the …

I. The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other matching funds and incentives; and interests in land for the purposes of this chapter. The moneys collected under this paragraph shall be deposited…

I. No state-owned property adjacent to or providing access to a river shall be disposed of by the state except upon the review and recommendation of the advisory committee. II. [Repealed.]

Where the requirements of this chapter amend the existing statutory authority of the department or other agencies relative to certain established regulatory programs and shall be enforced under these established regulatory programs, the existing procedures governing contested cas…

The following rivers and river segments are designated as protected: I. Lamprey River and the watershed tributaries: North Branch, Pawtuckaway, North, Little, and Piscassic Rivers. (a)(1) Lamprey River: (A) As a rural river from immediately downstream of Meadow Lake Dam in Northw…

The department is authorized to solicit, receive, and expend any gifts, grants, or donations made for the purposes of this chapter. Gifts of land or easements shall be assigned to the department of natural and cultural resources for management or assignment to another state agenc…

The office of planning and development may assist municipalities with the implementation of local ordinances under this chapter, upon the request of an individual municipality.

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. The content and structure of all forms, applications and permits to be received or issued by the department under this chapter, including information and other materials to be submitted by an applicant. II…

I. The following shall constitute a violation of this chapter: (a) Failure to comply with the provisions of this chapter. (b) Failure to obey an order of the commissioner or a municipality issued relative to activities regulated or prohibited by this chapter. (c) Misrepresentatio…

In this chapter: I. "Commissioner" means the commissioner, department of environmental services. II. "Advisory committee" means the lakes management advisory committee established in RSA 483-A:6. III. "Lake" means the bodies of fresh water as defined in RSA 271:20. IV. "Valued ch…

There is established within the department of environmental services the New Hampshire rivers management and protection program. It is the intent of the legislature that the New Hampshire rivers management and protection program shall complement and reinforce existing state and f…