Section Env-Dw 902.18 - Protection of the Purity of Woodward Pond, Roaring Brook, Babbidge Reservoir and Their Watershed(a) The purpose of this section is to protect the purity of the water of Woodward Pond, Roaring Brook, and Babbidge Reservoir, which constitute the principal drinking water supply for the city of Keene.(b) This section shall apply within the Woodward Pond, Roaring Brook, and Babbidge Reservoir watershed above the dam that is located at approximate latitude 42º 56' 02", longitude 72º 13' 15", in the towns of: (c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Harrisville, Marlborough, Nelson, and Roxbury and their duly authorized agents, and the city council of the city of Keene and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.(f) Any deviations from this section shall be by written consent of the department, in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the city of Keene engaged in the performance of necessary duties for the protection and control of said waters.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Woodward Pond, Roaring Brook, and Babbidge Reservoir watershed described in (b) above, shall be as follows:(1) A person shall not build, continue, or maintain any buildings or structures of any kind in which humans reside or in which animals or fowl are kept within 75 feet of the high water mark of Woodward Pond, Roaring Brook, or Babbidge Reservoir or any inlet thereof or tributary thereto;(2) A person shall not allow any wastes or water that has been used for washing or cleansing of materials, persons, or food to run into said pond, brook, or reservoir or any inlet thereof or tributary thereto;(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said pond, brook, or reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground where there is any likelihood of wash or contamination therefrom reaching said pond, brook or reservoir or any inlet thereof or tributary thereto;(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said pond, brook, or reservoir or any inlet thereof or tributary thereto;(5) A person shall not boat, bathe, swim, trap, fish, hunt, camp, park trailers, or carry on any activity of a recreational or other nature, including but not limited to lumber operations, in or near the waters of said pond, brook, or reservoir and above the reservoir dams, any tributary thereto; and(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond, brook, or reservoir or any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above.(h) The city of Keene shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Woodward Pond, Roaring Brook, Babbidge Reservoir and their tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.18
(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14
Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13286, Effective 10/26/2021, Expires 10/26/2031