Section Saf-C 408.09 - Rejection of Mooring Permit Application and Revocation of Mooring Permit(a) The director shall reject an application for a mooring permit, or after notice and an opportunity for a hearing, revoke a mooring permit for any of the following: (1) The location interferes with or impedes navigation and subsequently constitutes a hazard to public safety;(2) Viable and safe alternatives exist for securing the boat;(3) Adequate docking facilities exist, over which the applicant has control;(4) The owner of shorefront property who has authorized a person to cross his or her property to access the mooring, fails to file an application on behalf of the person;(5) The owner of a shorefront property who has received a mooring permit on behalf of a person without shorefront property decides that he or she no longer wants the person to cross his or her property to access the mooring or no longer owns the property;(6) Evidence exists that the mooring might be transferred, leased or sold;(7) False information was given on the application form, unless the false information is of an inconsequential nature, such as, but not limited to, a typographical error or misspelled name or address;(8) The proposed location for the mooring unreasonably interferes with recreational uses of the water and adjacent land;(9) The director or his designee has determined that the corners or the perimeter of the mooring field shall be designated by orange buoys with non-strobe flashing orange lights, but the operator of the mooring field refuses to install said buoys and lights and has attached boats to the moorings;(10) There are more moorings installed than the number allowed and stated on the approved mooring permit;(11) The public mooring field does not have at least one designated public access;(12) The public mooring field has a membership requirement;(13) The public or congregate mooring field does not have an operator;(14) The public mooring field operator allows more than 50 percent of the total number of moorings within the field to be used for a term longer than 30 days;(15) The public mooring field operator is in violation of the provisions of Saf-C 408.13;(16) It has been determined that the water depth, shoreline configuration, wind exposure, domestic water use in the area and other environmental conditions and effects are such that the location is not appropriate for moorings; and(17) The public mooring field operator is not in compliance with the provisions of these rules.(b) For the purposes of (a)(8) above, a mooring location shall be considered an unreasonable interference if: (1) It interferes with an abutter's use of the water in front of his or her property;(2) It poses a safety hazard to users of a public beach;(3) It is located so close to another existing mooring that the attached boats may collide;(4) The location poses a navigational hazard to other boaters; and(5) Any other interference that creates a hazard.(c) For the purposes of (a) above, all hearings shall be held pursuant to the requirements of Saf-C 202.N.H. Admin. Code § Saf-C 408.09
#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by #4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.07 ); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03
New. #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03
New. #8172, eff 9-21-04; ss by #10293, eff 3-20-13