Section Env-Dw 902.27 - Protection of the Purity of Follett Brook and Its Watershed(a) The purpose of this section is to protect the purity of the water of Follett Brook, which is a principal drinking water supply for the town of Newmarket.(b) This section shall apply within the Follett Brook watershed above the dam that is located at approximate latitude 43º 04' 57", longitude 70º 56' 55", 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 Durham, Lee, and Newmarket and their duly authorized agents, and the board of water commissioners of the town of Newmarket 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 board of water commissioners engaged in the performance of necessary duties for the protection and control of said brook.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Follett Brook watershed described in (b) above, shall be as follows: (1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of said brook or any tributary thereto;(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into said brook or any tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said brook or any tributary thereto;(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said brook or any tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said brook or any tributary thereto;(4) A person shall not deposit any sawdust, shavings, apple pomace, or waste from mills or factories, or allow any such wastes to fall into, said brook or any tributary thereto, or upon their banks so near as to be reachable by high water;(5) A person shall not bathe in said brook;(6) A person shall not fish in said brook;(7) A person shall not construct any of the structures or carry out any of the conditions described in (1), (2), (3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the water thereby shall be deemed endangered by the department in accordance with Env-Dw 902.04;(8) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said brook or any tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above; and(9) A person shall not use a seaplane on said brook.(h) The town of Newmarket shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Follett Brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Admin. Code § Env-Dw 902.27
(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