Section Saf-C 416.11 - Removal of Enhanced Protection Designation(a) Any decision granting a petition to designate a lake for assisted lake protection under these rules shall be issued subject to repeal if the commissioner determines that the petitioners have failed to meet their commitment to support assisted lake protection in the manner set forth in their petition.(b) Any group of 25 or more residents or property owners in a town or towns in which a lake is located may file a petition requesting that the commissioner repeal a decision making assisted protection provisions set forth in Saf-C 416.08 applicable to a lake. (c) A petition pursuant to (b) above shall include the following: (1) The signatures of 25 residents or property owners in the town or towns where the lake is located;(2) The printed or typed name, address, and telephone number of each of the petitioners;(3) The name and location of the lake which is the subject of the petition, a detailed map of the lake, and if available, a navigational chart of the lake; and(4) The petitioner's reasons for requesting that the decision to designate the lake subject to enhanced protection standards be repealed.(d) Unless otherwise specifically stated by the petitioners, the first named petitioner shall be the agent of the petitioners for all purposes relating to the petition. (e) After receiving the petition, the commissioner shall:(1) Schedule a hearing pursuant to the procedure specified in Saf-C 416.03;(2) Give notice of such hearing pursuant to the procedure specified in Saf-C 416.04; (3) Conduct the hearing pursuant to the procedure specified in Saf-C 416.05; and (4) Determine whether to grant or deny it pursuant to the procedure specified in Saf-C 416.06.(f) If the commissioner determines that the petition to repeal the order designating the lake for assisted protection should be granted, the commissioner shall give notice of the decision in the manner specified in Saf-C 416.04.(g) The commissioner shall grant the petition if she or he determines, after receipt of public testimony, that the original petitioners have failed to meet the requirements of the petition or the purposes of the original petition have not been fulfilled.(h) The commissioner shall not grant any petition to repeal a decision under these rules unless it is filed more than one year after the effective date of the rule, or more than one year after the commissioner's decision granting the petition that is the subject of the repeal effort, or more than one year after the date of the last petition seeking to repeal the decision.N.H. Admin. Code § Saf-C 416.11
#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.11); EXPIRED: 7-25-08
New.(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.11 )
Amended by Volume XXXVIII Number 02, Filed January 11, 2018, Proposed by #12432, Effective 12/11/2017, Expires 12/11/2027.