Current through Register No. 50, December 12, 2024
Section Env-Wr 402.07 - Notice to Municipality(a) Subject to (b) and (c), below, when the department receives an application to construct or reconstruct a dam, it shall issue a notice to the municipality in which the proposed dam will be located pursuant to RSA 541-A:39, to inform the municipality of the location, height and size of the impoundment of the proposed dam. The municipality may submit data or information pertinent to the department's consideration of the application. If the department receives such correspondence within 20 days of the town's receipt of the notice, it shall consider the information in issuing a permit to construct or reconstruct the dam.(b) When the department receives an application to construct a significant hazard or high hazard structure, the department shall send the notice to the municipality and any municipalities which could be affected by a failure of the dam, and shall include notice of a public hearing to be held by the department in the municipality in which the dam is located or in a municipality that may be affected by a failure of the dam. At the public hearing, the owner shall present information about the dam and a draft emergency action plan, and the department shall receive comment from the public.(c) If the application is to construct a dam on a great pond, the department shall send the notice to all municipalities in which the great pond is located.N.H. Admin. Code § Env-Wr 402.07
#8414, eff 8-20-05; ss by #10510, eff 1-22-14