Title L, Water Management and Protection

I. All state agencies shall perform their responsibilities in a manner consistent with the intent of this chapter. State and local permits for work within the protected shorelands shall be issued only when consistent with the policies of this chapter. II. When the standards and p…

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

There is established in the department of environmental services, a state rivers coordinator, who shall be a classified employee qualified by reason of education and experience, and who shall administer the New Hampshire rivers management and protection program.

The department of environmental services shall prepare an annual report to be presented no later than January 1 of each year to the president of the senate, the speaker of the house of representatives, the governor and council, the state library, and the selectmen of all towns in…

In this chapter: I. "Abutter" means any person who owns property that is immediately contiguous to the property on which the proposed work will take place, or who owns flowage rights on such property. The term does not include those properties separated by a public road or more t…

There is established in the office of the commissioner, department of environmental services, a state lakes coordinator, who shall be a classified employee qualified by reason of education and experience, and who shall administer the New Hampshire lakes management and protection …

In this chapter: I. "Advisory committee" means the rivers management advisory committee established in RSA 483:8. II. "Agriculture" means agriculture as defined in RSA 21:34-a. II-a. "Aquatic connectivity" means the ability of aquatic organisms to move naturally within and among …

I. The commissioner, with the advice and assistance of the division of planning and community development, department of natural and cultural resources and department of agriculture, markets, and food, shall enforce the provisions of this chapter. II. The commissioner or his or h…

I. The lakes coordinator, in consultation with the advisory committee, with cooperation and assistance from each of the relevant divisions and bureaus within the department of environmental services, shall prepare every 10 years state level management recommendations for consider…

For the purposes of section 10(a)(2)(A) of the Federal Power Act, those rivers or segments designated under this chapter and any state or local river corridor management plans developed pursuant to this chapter shall constitute one element of the state comprehensive plan for rive…

I. (a) No person shall commence construction, excavation, or filling activities within the protected shoreland without obtaining a permit from the department to ensure compliance with this chapter. Projects which have no impact on water quality and which follow department rules s…

I. Within the protected shoreland, any person intending to: (a) Engage in any earth excavation activity shall obtain all necessary local approvals in compliance with RSA 155-E. (b) Construct a water-dependent structure, alter the bank, or construct or replenish a beach shall obta…

I. There is established a lakes management advisory committee. II. The advisory committee shall include the following members to be appointed by the governor and council: (a) A member representing a New Hampshire lake association nominated by the New Hampshire Lakes Association. …

I. Any New Hampshire organization or resident may nominate a perennial river or any segment or segments of such river for protection by submitting to the commissioner a description of the river or segment or segments of such river and its values and characteristics. The completed…

The department may devise a system whereby municipal officials may voluntarily assist with the permitting process under RSA 483-B:6 and the subsequent enforcement of permit conditions, by performing certain reporting functions relative to on-site inspections. Utilization of such …

I. The lakes coordinator, in consultation with the advisory committee and the office of planning and development, shall monitor and oversee guidelines for coordinated lake management and shoreland protection plans together with recommendations for implementation, if necessary. Up…

I. Any nomination approved by the commissioner shall require review and approval by the general court prior to inclusion in the program. Such action shall be filed as a bill in the next legislative session following the nomination. II. Any nomination which is forwarded to the gen…

I. Those rivers or segments designated for inclusion in the program shall be classified as one or more of the following: (a) Natural rivers are free-flowing rivers or segments characterized by the high quality of natural and scenic resources. River shorelines are in primarily nat…

I. Municipalities may adopt land use control ordinances relative to all protected shorelands which are more stringent than the minimum standards contained in this chapter. II. Municipalities are encouraged to adopt land use control ordinances for the shorelands of water bodies an…

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

There is established a rivers management advisory committee appointed by the governor and council. All members shall be New Hampshire residents and the department shall request that nominating organizations select nominees representing diverse geographic areas of the state. I. Th…

I. The advisory committee shall appoint a local river management advisory committee for each designated river or segment. Committee members shall be chosen from lists of nominees submitted by the local governing bodies of the municipalities through which the designated river or s…

I. The standards in this section are designed to minimize shoreland disturbance so as to protect the public waters, while still accommodating reasonable levels of development in the protected shoreland. Development outside the protected shoreland shall conform to local zoning and…

Affected state agencies shall cooperate with and assist the lakes coordinator and the advisory committee in the development and implementation of lakes management plans established under RSA 483-A:7.

The following protection measures shall apply to a river or segment designated as a natural river: I. No dam or other structure or improvement that impedes or significantly alters the free-flowing condition or natural character of the river or segment shall be permitted, certifie…

The following protection measures shall apply to a river or segment designated as a rural river: I. No new dams shall be permitted, certified, constructed, operated or maintained in such river or segment. The repair of a structural failure of a dam which is in place at the time a…

The following protection measures shall apply to rivers or segments designated as a rural-community river: I. No new dams shall be permitted, certified, constructed, operated or maintained in such river or segment. The repair of a structural failure of a dam which is in place at …

The following protection measures shall apply to rivers or segments designated as a community river: I. The department may approve permits for the construction of new dams for public water supply, flood control or hydroelectric energy production purposes if such construction is c…

I. The commissioner, in consultation with the advisory committee, shall adopt rules under RSA 541-A specifying the standards, criteria, and procedures by which protected instream flows shall be established and enforced for each designated river or segment. The department shall de…

The governor and council, on behalf of this state, are authorized to enter into and execute a compact substantially in the following form with the states of Vermont, Massachusetts and Connecticut, by and through the commissioners or duly authorized representatives appointed or wh…

If a vacancy occurs in the commission, the governor shall, with the advice and consent of the council, appoint a member to serve only for the unexpired term. Any member of the commission shall be eligible for reappointment.

Each commissioner designated or appointed by the governor and council, if he holds no salaried state office, shall be paid by the state as compensation the sum of $30 for each day's service performed in connection with his duties as such commissioner but not to exceed $600 in any…

Each commissioner designated or appointed under this compact may appoint an alternate member to serve in his place at meetings of the commission that he is unable to attend; provided, however, that whenever a member is a state employee, his alternate shall also be a state employe…

The governor on behalf of the state is authorized to enter into a compact with any 2 or more of the states of Connecticut, Maine, Rhode Island, Vermont and the Commonwealth of Massachusetts as follows: Article I Findings The northeastern part of the United States is by virtue of …

When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy to be filed with the secretary of state and when said compact shall have been ratified by 2 or more of the states named in RSA 484:13, then said compact shall become o…

After the aforesaid compact shall become effective and operative as previously provided, the governor, with the advice and consent of the council, shall designate or appoint a person to serve as a member of the Northeastern Resources Commission. Said commissioner shall serve for …

The commissioner shall not be entitled to salary as such commissioner, but may be reimbursed for actual expenses incurred in the performance of his duties as such commissioner.

The state department of environmental services is authorized to enter into a compact with any one or more of the states of Maine, Vermont, Rhode Island, Connecticut and New York and the Commonwealth of Massachusetts, as follows: New England Interstate Water Pollution Control Comp…

Whenever the department shall have entered into the compact substantially in the form set forth in RSA 484:17 with the duly authorized agency of any of the states specified in said section, it shall file a certified copy of such compact in the office of the secretary of state and…

The governor, with the consent of the council, shall appoint 5 commissioners to the New England Interstate Water Pollution Control Commission. These commissioners shall include the commissioner of environmental services or his designee and 4 other persons to be nominated by the c…

The said agreement or compact when ratified by the legislatures of each of said states and approved by the Congress of the United States, shall thereupon become operative and effective. The governor is authorized and directed forthwith to notify the governors, respectively, of th…

Each commissioner designated or appointed by the governor who, while such commissioner, holds no salaried state office shall be paid by the state as compensation the sum of $30 for each day's service performed in connection with his duties as such commissioner, but not to exceed …

The commissioners on the part of the state shall obtain accurate accounts of all the commission's receipts and disbursements and shall report to the governor and the commissioner of administrative services annually on or before September 15, setting forth in such detail as the co…

The New England Interstate Water Pollution Control Commission, established by RSA 484:17, and called the commission in this subdivision, may develop standards for the training, educational and experience requirements for operating personnel necessary to the proper operation of se…

I. The commission may administer programs of training and certification for such personnel and may make classifications of such personnel. Any certificate issued by the commission shall be accepted by this state and all agencies and subdivisions of this state as conclusive eviden…

Nothing contained in this subdivision shall limit or abridge the authority of the commission to revise its standards and to issue new or additional certificates. In any such case, the department may require an applicant for a certificate to present a certificate or certificates w…