Title L, Water Management and Protection

I. There is established within the department of environmental services the New Hampshire volunteer lake assessment program to provide water quality data to the state and federal governments to define water quality trends; provide data for lake protection, management, and remedia…

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

I. The commissioner may apply for and accept gifts, donations of money, federal, municipal, or private grants, or other funds or incentives from any source for the purposes of this subdivision. The funds accepted under this paragraph shall be paid into the lake restoration and pr…

I. There is established within the department of environmental services the New Hampshire healthy tidal waters and shellfish protection program. This program ensures that water quality in coastal waters supports the propagation, conservation, and harvest of shellfish. II. To the …

The general court finds that it is for the public good and welfare of this state to protect and preserve its tidal waters for propagation and harvest of shellfish and for other beneficial uses. Shellfish propagation and harvest is a primary indicator of the overall ecological and…

In this subdivision: I. "Commissioner" means the commissioner of the department of environmental services. II. "Coastal waters" means surface waters of the state, as defined in RSA 485-A:2, XIV, that are subject to the influence of the tides. III. "Department" means the departmen…

I. A special healthy tidal waters and shellfish protection fund is established for exclusive use by the department to accomplish the purposes of this subdivision. This fund shall be nonlapsing and continually appropriated to the department for the purposes of this subdivision. II…

I. The commissioner, jointly with the executive director of the fish and game department, shall make recommendations pursuant to RSA 4:40 concerning the leasing of state-owned submerged lands in the Great Bay estuary for the purpose of shellfish restoration. II. Leases granted un…

There is established within the department of environmental services the New Hampshire volunteer river assessment program to provide: I. Water quality and related environmental data to the state and federal governments to define water quality trends; II. Data for river protection…

The general court finds that landscape changes and recreational and other uses of rivers and their watersheds have placed increasing stress upon the state's rivers, posing a threat to water quality and the continued support of designated uses. The general court recognizes the nee…

I. All owners and operators of any marina or shore property located on fresh waters of the state shall cooperate with the department by publicizing the requirements of this chapter among the boating fraternity and other interested parties. II. The provisions of this chapter shall…

To the extent that funds are available, the department shall: I. Assist volunteer organizations in monitoring the water quality of rivers and streams; II. Provide technical assistance to local river management advisory committees, watershed organizations, municipalities, educatio…

There is established in the department of environmental services a state volunteer river assessment program coordinator who shall be a classified employee qualified by reason of education and experience and who shall administer the New Hampshire volunteer river assessment program…

The commissioner may apply for and accept gifts, donations of money, federal, municipal, or private grants, or other funds or incentives from any source. The funds accepted under this section shall be paid into the rivers management and protection fund established under RSA 483:1…

No person shall knowingly launch into the fresh waters of the state any boat which is not equipped in compliance with the provisions of this chapter.

I. Any person who violates any of the provisions of this chapter or of rules of the department adopted under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. If any fine is imposed it shall constitute a lien against the…

All boats located upon waters of this state shall be subject to inspection by the department or any lawfully designated agent or inspector of the department at any time for the purpose of determining whether such boat is equipped in compliance with this chapter. The members of th…

No boat shall be operated upon waters of this state having within or on it a marine toilet without a certificate of registration from the department of safety, division of motor vehicles, as required by RSA 270 and RSA 270-E.

This chapter provides for uniform statewide collection of water use data to understand how water resources are utilized in the state by establishing procedures and standards for the registration, measurement, and reporting of water use. The legislature recognizes the fundamental …

Unless otherwise specified, actions of the department may be appealed in accordance with RSA 21-O:14.

This chapter shall not apply to a discrete withdrawal arising from an emergency event.

In this chapter: I. "Commissioner" means the commissioner of the department of environmental services. II. "Department" means the department of environmental services. III. "Discharge" means the return of water to the environment. IV. "Groundwater" means subsurface water that occ…

I. No person shall withdraw or discharge a cumulative amount of more than 20,000 gallons of water per day, averaged over any 7-day period, or more than 600,000 gallons of water over any 30-day period, at a single real property or place of business without registering the withdraw…

Each withdrawal, discharge, or transfer required to be registered under this chapter shall be metered or measured by a technically appropriate and verifiable method approved by the commissioner. Withdrawals and discharges shall be measured at the point of withdrawal or discharge,…

Notwithstanding RSA 488:4, water use associated with snowmaking shall be measured at the point water is withdrawn from any natural source of water for use by a snowmaking system and at the point that water is entering into the snowmaking system, and such water withdrawal and use …

Registration shall be in a form prescribed by the commissioner.

The registrant shall keep records that include the amount of water being withdrawn, discharged, or transferred, the location, the frequency, date, time, and the rate of withdrawal, discharge, or transfer and other information the commissioner may require to fulfill the purpose of…

Notwithstanding RSA 488:6, water use records associated with snowmaking shall be maintained and documented monthly, and 24-hour maximum volumes of water withdrawn from each natural water source and the water entering the snowmaking system shall be maintained and documented monthl…

I. Registration and withdrawal of water under RSA 488:3 shall be deemed to grant permission to the department to enter onto the registered property to review compliance with the provisions of the registration. II. Upon obtaining credible information that any person is not registe…

I. The commissioner may impose an administrative fine not to exceed $4,000 for each offense upon any person who knowingly: (a) Violates any provision of this chapter or any rule or order adopted or issued under it. (b) Makes any material false statement in any document required t…

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. The content and structure of all forms pertaining to registrations to be received or issued by the department, including information and other materials to be submitted with the registration. II. The form,…

This chapter is intended to: I. Establish an integrated land development permit option that may be sought, at the discretion of the applicant, as an alternative to seeking one or more individual land development permits or approvals issued by the department of environmental servi…

In this chapter: I. "Apply salt" means to apply salt or a salt alternative to roadways, parking lots, or sidewalks for the purpose of winter maintenance. II. "Commercial applicator" means any individual who applies or supervises others who apply salt, but shall not include munici…

I. Any person aggrieved by a decision made under RSA 489:7, V, VI(a) or (b), or VII, and any person subject to an order of the department under RSA 489:11 who wishes to appeal shall, within 30 days of the decision, file a notice of appeal with the appeals clerk for a hearing befo…

I. The following shall constitute noncompliance with this chapter: (a) Failure to comply with this chapter or any rule adopted or permit issued under this chapter. (b) Failure to comply with an order of the commissioner issued relative to this chapter or any rule adopted or permi…

In this chapter: I. "Abutter" means any person who owns land immediately contiguous to the subject property or who owns flowage rights on such land. The term does not include the owner of any land that is separated by a public road or public waterway from the subject property or,…

I. Commercial applicators may elect to be certified by the department. Applicator certificates shall be issued by the department and may be renewed annually. II. Any business that employs multiple commercial applicators may obtain a master certificate for the owner or chief super…

I. Any governmental unit that has a municipal winter maintenance program may elect to have the program certified by the department. Municipal winter maintenance certification program certificates shall be issued by the department and may be renewed annually. II. Any governmental …

I. There is hereby established an integrated land development permit, for which application may be made as an alternative to applying for separate, individual permits or approvals under the affected programs. II. Municipalities may review materials, engage in discussions with the…

The commissioner shall adopt rules pursuant to RSA 541-A, relative to: I. Policies and goals for applying salt. II. Receiving and allocating federal grants and other funds or gifts for the purpose of carrying out any of the provisions of this chapter. III. The types and frequency…

I. Any person who wishes to conduct an activity requiring a permit or other approval from the department under 2 or more of the affected programs may choose to apply for an integrated land development permit from the department in lieu of all individual program permits or approva…

Applications for certification shall be on a form prescribed by the department and shall include the following: I. The full name and address of the person applying for the certification. II. The name and address of a person whose domicile is in the state, and who is authorized to…

Any person interested in pursuing an integrated land development permit may consult with the department regarding the applicable procedures and requirements. Applicants may request and participate in conceptual pre-application discussions with the department prior to initiating t…

I. The commissioner shall administer and enforce the provisions of this chapter. II. The department may issue an order to any person who is in violation of any provision of this chapter, an applicator certificate issued under this chapter, or a rule adopted under this chapter, to…

I. An applicant shall initiate the integrated land development permit process by conducting certain activities, as specified by the department in rules adopted under this chapter, in preparation for pre-application technical review by the department. These activities shall includ…

I. Following the pre-application technical review, the applicant shall submit a complete application, as defined by the department in rules, together with the application fee, which shall be equal to the total of the permit fees specified in statute and in rules for each of the i…