N.H. Admin. Code § Env-Wt 513.03

Current through Register No. 45, November 7, 2024

Section Env-Wt 513.03 - Approval Criteria for Docking Structures

In addition to meeting the applicable approval criteria in Env-Wt 300, the department shall not approve an application for the construction or modification of any docking structure or accessory docking structure, unless the applicant demonstrates that the following criteria are met:

(a) The structure will not unreasonably affect the following:

(1) The ability of abutting owners to use and enjoy their properties; or

(2) The public's right to navigation, passage, and use of the resource for commerce and recreation;

(b) The structure has been designed, located, and configured to avoid impacts to water quality, aquatic vegetation, and wildlife and finfish habitat;

(c) The structure will not adversely affect shoreline stability; and

(d) The type of construction proposed is the least intrusive upon the public trust that will ensure safe docking on the frontage.

N.H. Admin. Code § Env-Wt 513.03

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 500).

Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.

Amended by Number 45, Filed November 9, 2023, Proposed by #13776, Effective 10/13/2023, Expires 10/13/2033.