Section Pda 507.03 - Revocation of Mooring Permit(a) The director, after notice and an opportunity for a hearing, shall revoke a mooring permit for any of the following reasons:(1) The location of the mooring interferes with or impedes navigation, thus constituting a hazard to public safety, and it is not possible to relocate the mooring within the mooring field, mooring subfield, or nearshore area or near the requested location so as to remove the hazard;(2) A shorefront property owner who applied for and received a shorefront property mooring permit or a commercial mooring for hire mooring permit has subsequently sold the shorefront property;(3) The mooring was transferred for any reason other than the reasons allowed in Pda 508;(4) The applicant has provided materially false information on the application form, or has provided materially false or invalid information in any of the documentation required under Pda 506;(5) The applicant has submitted an application containing false certifications;(6) The division determines that the water depth, shoreline configuration, wind exposure, domestic water use in the area, or other environmental conditions and effects are such that the location is no longer appropriate for moorings and it is not possible to relocate the mooring so as to avoid the problem;(7) The mooring is located in the mooring field, mooring subfield, or nearshore area or at the requested location in a manner causing unreasonable interference with recreational uses of the water and adjacent land as described in (b) below, and it is not possible to relocate the mooring within the mooring field, mooring subfield, or nearshore area or near the requested location so as to avoid the interference;(8) The permit holder obtains a different vessel or modifies an existing vessel and fails to comply with Pda 505.03 before attaching the different or modified vessel to the permit holder's mooring;(9) The permit holder failed to install a mooring buoy within the time period required under Pda 510.01;(10) The permit holder failed to obey any lawful order of the director, the chief harbor master, the deputy chief harbor master, a harbor master, or an assistant harbor master;(11) The permit holder violated any provision of: b. Any rule adopted by the authority under RSA 12-G;(12) The permit holder made any change in the mooring location without prior written authorization from the division;(13) The permit holder ceases to have any ownership interest in the vessel identified in the permit holder's permit;(14) The permit holder failed to pay any fines or costs assessed under RSA 12-G relating to vessels or moorings;(15) The permit holder failed to mark the mooring buoy in accordance with Pda 510.02;(16) The permit holder returned the permit to the division in accordance with Pda 507.05;(17) The permit holder did not provide the written notification to the division required under Pda 507.05(a); or(18) The permit holder is convicted of a crime in any jurisdiction in which the mooring was used in the furtherance of criminal activity.(b) For the purposes of (a)(7) above, a mooring location shall be considered an unreasonable interference if it:(1) Interferes with a shorefront property abutter's use of the water in front of his or her property;(2) Poses a safety hazard to users of the state tidal waters; or(3) Creates any other interference that would constitute a hazard or nuisance.N.H. Admin. Code § Pda 507.03
#7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500)
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12958, Effective 12/24/2019, Expires 12/24/2029.