reglab/housing_qa huggingface dataset:
NH Rev Stat § 482:3 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:3 - Authority of Commissioner.

    482:3 Authority of Commissioner. –||The commissioner is authorized to:||I. Provide technical assistance to the division of economic development, department of natural and cultural resources when the division requests such assistance in the promotion or development of a hydro-energy project.||II. Continue and extend the survey and investigations of the ground-water resources of New Hampshire. To this end, the commissioner is authorized to enter into contracts with the United States Geological Survey. The findings of such surveys shall be made available to the public by means of maps or printed matter to be published or maintained in open file for reference.||III. To investigate and identify the facilities for storing surplus water, and for conserving, controlling and distributing surplus water, including registering and reporting by water users, and to investigate and identify facilities for the production and utilization of hydro-energy.|||Source. 1989, 339:1. 1996, 228:104, eff. July 1, 1996. 2017, 156:14, I, eff. July 1, 2017.|
NH Rev Stat § 482:4 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:4 - Investigation of High and Low Levels.

    482:4 Investigation of High and Low Levels. –||The department is authorized to make such investigations as, in its opinion, the public good requires with respect to high or low water levels in the inland public waters of the state and the rights, instrumentalities and practices which affect or control such levels with a view to the exercise of such control, in a manner consistent with public and private rights and interests, as will best promote the public health and safety and the enjoyment and value of such public waters. When the department may deem expedient, it may ascertain the extent to which owners and managers of dams take into consideration variations of runoff and plan for and anticipate emergencies. Owners of dams, at the reasonable request of the department shall make available to the department such records of water levels and flow of inland public waters as are made and kept by such owners to assist the department in knowing the remaining storage capacity of reservoirs, whether created by dams or otherwise, and to gauge the flow of streams. From time to time, the department may call to conference owners of dams for the purpose of obtaining cooperation in the regulation of stream flow to minimize damage to public and private property at times of high water. Whenever in the opinion of the department an emergency exists or is threatened whereby the public health or safety may be jeopardized by the release or withholding of stored waters, it shall direct such action by the owner or manager of a dam with respect to the release or withholding of water as it may deem necessary in the public interest.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 482:5 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:5 - Non-permitted Existing Dams.

    482:5 Non-permitted Existing Dams. –||Upon written notice from the department, the owner of a non-permitted existing dam shall submit an application for a permit for said dam to the department along with a fee based on the classification of the dam under RSA 482:9. The application shall provide such information as the department may require to determine whether or not the dam is a menace to the public safety. Following a review of the permit application, the department may issue a permit to the owner with necessary conditions for the repair or reconstruction of the dam which the department deems necessary for the public safety. Such repair work shall be undertaken within a time period fixed by the department.|||Source. 1989, 339:1. 1996, 228:106. 2006, 306:3. 2007, 329:2, eff. July 1, 2007.|
NH Rev Stat § 482:6 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:6 - Existing Dams on Great Ponds.

    482:6 Existing Dams on Great Ponds. –||Upon written notice from the department, the owner of a non-permitted dam on the outlet of a great pond shall comply with the provisions of RSA 482:5. The department, after 30 days' notice to abutters, to the governing body of the municipality in which the dam is situated, to the fish and game department, and to the department of safety, shall hold a public hearing, notice of which shall be published 7 days before the hearing in one newspaper of general circulation throughout the state. If, as a result of said hearing and further investigation, the department shall be of the opinion that management and control of the outlet of the great pond would be of benefit to the public, it may order the management of said outlet under whatever conditions it finds necessary to protect the public rights and safety; provided, however, the owner shall be fully compensated for any loss sustained by action of the department with respect to a dam which was previously registered or legalized.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 482:7 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:7 - New Dams on Great Ponds.

    482:7 New Dams on Great Ponds. –||No dam shall be constructed on the outlet of a great pond after September 3, 1977, without specific authorization from the legislature and without a permit to construct a dam from the department according to such terms and conditions as it deems necessary for the public safety.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 482:8 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:8 - Orders and Permits Recorded.

    482:8 Orders and Permits Recorded. –||Permitting of a dam pursuant to RSA 482:5 or the granting of a permit for a dam pursuant to RSA 482:7 by the department does not relieve the owner from meeting the requirements of public safety or other provisions of law nor does it convey a property right or authorize any injury to property or invasion of other rights. The department shall record any orders or permits issued under the provisions of this section with the registry of deeds in the county or counties in which the dam and flowage are situated, and no fee shall be charged for such recording.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 482:8-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:8-a - Annual Registration Fee.

    482:8-a Annual Registration Fee. –||Annual registration fees for dams shall be payable to the department on January 1 of each calendar year. Yearly dam registration fees shall be based on classification as follows: Low hazard potential = $400; Significant hazard potential = $750; High hazard potential = $1,500. If the hazard classification designated by the Federal Energy Regulatory Commission for a dam differs from the classification designated by the department, the annual dam registration fees shall be based on the classification designated by the Federal Energy Regulatory Commission except that a dam which is classified as a non-menace dam by the department shall be exempt from the annual dam registration fee for as long as the dam is classified by the department as a non-menace dam. Revenues from this annual registration are to be collected by the department and deposited in the dam maintenance fund established in RSA 482:55 to be used for the inspection of dams.|||Source. 1989, 408:74. 1990, 3:82. 1991, 287:1. 1996, 228:106, 107. 1997, 122:2. 2006, 306:4. 2007, 329:1. 2008, 272:4. 2009, 31:1, eff. July 14, 2009.|
NH Rev Stat § 482:9 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:9 - Preliminary Filing of Information.

    482:9 Preliminary Filing of Information. –||I. No person shall begin the construction or reconstruction of any dam until:||(a) The person has filed with the department a statement of the height of the proposed dam and the location at which it is to be erected and any other information the department may require.||(b) A permit has been issued by the department.||II. The filing of the statement required by paragraph I or an application required by RSA 482:5 shall be accompanied by a fee for each statement or application filed. The fee shall be deposited in the dam maintenance fund established in RSA 482:55 to be used for the permitting of dams. The fee shall be as follows:||(a) Non-hazard potential dam $2,000||(b) Low hazard potential dam $3,000||(c) Significant hazard potential dam $4,000||(d) High hazard potential dam $4,000||III. After receipt of the statement required under paragraph I of this section if the department shall be of the opinion that the proposed dam, if improperly constructed or reconstructed, would be a menace to the public safety, it shall notify the owner or applicant, and the construction or reconstruction of the dam shall not begin until plans and specifications shall have been filed and a permit for construction issued by the department.||IV. [Repealed.]||V. The department shall not permit the construction or reconstruction of any significant hazard potential or high hazard potential dam unless:||(a) The dam provides a public benefit of water supply, flood control, storage or treatment of industrial, agricultural, commercial, or municipal wastes, hydropower, public recreation, or preservation of historic or cultural resources; or||(b) The reconstruction is ordered by the department to correct a deficiency identified by the department.|||Source. 1989, 339:1. 1990, 3:83. 1996, 228:106. 1997, 122:3, 4; 178:1, 2. 2000, 182:2. 2006, 306:5, 6. 2007, 329: 3, 5, eff. July 1, 2007.|
NH Rev Stat § 482:10 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:10 - Supervision.

    482:10 Supervision. –||The department may designate some competent inspector to inspect the construction or reconstruction of any dam for which approved plans and specifications and a permit for construction have been required under RSA 482:9 and such inspector shall report to the department any failure to comply with said plans and specifications.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 482:11 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:11 - Orders.

    482:11 Orders. –||I. The department may order the owner or contractor, while constructing or reconstructing any such dam, to remedy any defects caused by failure to comply with the requirements of the plans and specifications or to do anything necessary to make said construction comply with said plans and specifications, and on failure to comply with any such order, the department may order all work of construction on such dam to cease and may take any other action authorized by RSA 482:89.||II. The commissioner may issue an order to any person who violates this chapter as specified in RSA 482:89, I, and require such remedial or restorative measures as may be necessary. Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the county in which the subject facility is situated. A recorded order shall run with the land; provided, that an appropriate description of the land involved including the accurate name of the owner thereof is included in the order. No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.||III. If the department finds that an emergency exists requiring immediate action to protect the public safety, it may issue an order stating that an emergency exists and requiring that such action be taken as necessary to meet the emergency. Any person to whom such an order is directed shall comply immediately, but may appeal to the water council established under RSA 21-O:7.|||Source. 1989, 339:1. 1996, 228:106. 2008, 272:1, eff. Jan. 1, 2009.|
NH Rev Stat § 482:11-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:11-a - Duty of Owner.

    482:11-a Duty of Owner. –||The owner of a dam shall maintain and repair the dam so that it shall not become a dam in disrepair. The owner shall develop an emergency action plan for any dam, the failure of which may threaten life or property.|||Source. 1997, 178:3, eff. Aug. 16, 1997.|
NH Rev Stat § 482:12 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:12 - Inspecting Dams, Repairs, Emergency Action Plans.

    482:12 Inspecting Dams, Repairs, Emergency Action Plans. –||I. It shall be the duty of the department from time to time to cause all dams in the state which, by reason of their condition, height or location, may be a menace to the public safety to be inspected by competent engineers. A dam that is classified as a non-menace structure as of February 20, 1981 shall retain such status until the department determines conditions downstream have changed since the dam was classified that warrant reclassification or until such reconstruction of the dam is needed requiring a permit to reconstruct the dam.||II. If the inspection indicates that maintenance or repair are required to comply with RSA 482:11-a or the public safety requires the repair or reconstruction of any dam or the development of an emergency action plan, the department shall order the owner of the dam to undertake the requisite maintenance, repairs, or reconstruction and to develop the emergency action plan within a period to be fixed by the order.|||Source. 1989, 339:1. 1996, 228:106. 1997, 178:4. 2008, 272:2, eff. Jan. 1, 2009. 2018, 119:1, eff. July 29, 2018.|
NH Rev Stat § 482:12-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:12-a - Emergency Actions.

    482:12-a Emergency Actions. –||If during any flood warning issued by the National Weather Service, the condition of any hazardous dam becomes so dangerous to the safety of life or property in the opinion of the department as not to permit sufficient time for issuance of an order in the manner provided by RSA 482:12, the department may immediately take such action as may be essential to provide for emergency protection to such life or property. The owner or owners of such a dam shall be strictly liable for all costs incurred by the state in performing an emergency action under this section. The attorney general may institute an action in superior court for the county in which the dam is located against the owner or owners of the dam for all costs incurred by the state. Costs recovered under this section shall be deposited into the dam maintenance fund established pursuant to RSA 482:55. This section shall not apply to any dams under the jurisdiction of the Federal Energy Regulatory Commission.|||Source. 2020, 37:84, eff. July 29, 2020.|
NH Rev Stat § 482:12-b (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:12-b - Rights of Entry and Access.

    482:12-b Rights of Entry and Access. –||During a flood warning issued by the National Weather Service, the department shall have the right to enter on any property, public or private, for the purpose of investigating the condition, construction, or operation of any hazardous dam or associated equipment, facility, or property to take emergency actions pursuant to RSA 482:12-a.|||Source. 2020, 37:84, eff. July 29, 2020.|
NH Rev Stat § 482:13 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:13 - Public Informational Meeting Required.

    482:13 Public Informational Meeting Required. –||I. No owner shall breach any dam, lower any water body for the repair of any dam, or cause any significant lowering of the water level in a pond or lake without first notifying the local governing body in the cities or towns where said dam or water body is located and the department at least 30 days prior to any action specified above. The provisions of this section shall not apply to dams impounding bodies of water less than 10 acres or to the normal scheduled lowering of water levels each fall, the normal lowering of a water body by the exercise of water rights, the lowering of water levels by the department of environmental services to protect instream flows under RSA 483:9-c, or the lowering of water levels in any emergency situation.||II. The dam owner, in cooperation with the local governing body of each of the cities or towns, shall hold a public informational meeting at least 15 days prior to any action under paragraph I. The dam owner shall publish a notice of the public informational meeting in a newspaper of general circulation in the county in which the action shall occur at least 7 days before the time set for said meeting. The public notice and informational meeting required by this section shall be in addition to and not in place of other provisions of law pertaining to dams.|||Source. 1989, 339:1. 2010, 128:1, eff. Aug. 8, 2010. 2013, 91:1, eff. Aug. 19, 2013.|
NH Rev Stat § 482:14 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:14 - Appeals.

    482:14 Appeals. –||All orders issued by the department under the provisions of this subdivision shall be subject to appeal pursuant to RSA 21-O:14 but shall remain in force until modified or set aside on appeal.|||Source. 1989, 339:1. 1996, 228:59, eff. July 1, 1996.|
NH Rev Stat § 482:15 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:15 - Repealed by 2008, 272:6, I, eff. Jan. 1, 2009.

    482:15 Repealed by 2008, 272:6, I, eff. Jan. 1, 2009. –|
NH Rev Stat § 482:16 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:16 - Expenses.

    482:16 Expenses. –||The expense of examining plans or specifications and of inspecting the construction or reconstruction of a dam as authorized in this subdivision, including the salaries of the regular employees of the department for the time actually devoted to work necessary to such examination or inspection, shall be paid to the department by the owner of the dam in connection with which it is incurred. If any owner shall not promptly pay the expense of such examination or inspection, when requested by the department, it may be collected in an action brought by the attorney general in the name of the state. All sums so received shall be paid to the state, and shall be added to the appropriation available for the use of the department in the employment of experts.|||Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 482:17 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:17 - Right Granted.

    482:17 Right Granted. –||Any person or corporation authorized by its charter or articles of agreement to do so may erect and maintain on his or its land, or on land of another, with the owner's consent, a dam upon or across any stream or may increase by flashboards or permanently the height of any dam already so maintained by him or it for the purpose of raising the water to work any mill or mills on such stream or on another stream to which the same is tributary or for the purpose of creating a reservoir of water or raising the level of a public or other lake or pond to control, conserve or equalize the flow of such stream or streams for the benefit of any such mill or mills, upon obtaining authority to do so as provided in this subdivision.|||Source. 1989, 339:1, eff. Jan. 1, 1990.|
NH Rev Stat § 482:18 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:18 - Conflicting Claims.

    482:18 Conflicting Claims. –||The provisions of this subdivision shall in no way affect any mill of other persons lawfully existing on the same stream or any mill site or mill privilege of other persons on which a milldam has been lawfully erected and used or the right of any owner of such mill, mill site or mill privilege, unless the right to maintain on such last mentioned site or privilege shall have been lost or defeated by abandonment or otherwise, and nonuse of any mill site or mill privilege for a period of 6 years shall be prima facie evidence of abandonment; nor shall the provisions of this subdivision affect any flowage or other water rights acquired prior to June 17, 1937, or the right to maintain any dam constructed prior to June 17, 1937.|||Source. 1989, 339:1, eff. Jan. 1, 1990.|
NH Rev Stat § 482:19 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:19 - Notice Required for Hydro-energy Generation Projects.

    482:19 Notice Required for Hydro-energy Generation Projects. –||I. Every applicant to the Federal Energy Regulatory Commission for the permits and licenses, or modifications of permits or licenses, necessary for the development, construction, or reconstruction of a hydro-energy project shall place, on or prior to the date of such application, a notice of his intent in at least 2 local newspapers in the area where the proposed work is to be done and shall notify the following by certified mail, return receipt requested, that he intends to undertake a hydroenergy project:||(a) The owners of the dam site of the proposed project.||(b) The local governing body, planning board, and conservation commission of each municipality in which the project is sited.||II. The notice required in paragraph I shall include a brief description of the project for which the permit, license, or modification of the permit or license is to be sought, as well as a statement by the developer explaining the purpose of the project and his reasons for the development of a hydroelectric generation project.||III. The department shall deny any applicant violating this section any permit necessary for study and subsequent construction of the proposed project. The department shall notify the Federal Energy Regulatory Commission of any denial under this section.|||Source. 1989, 339:1. 1996, 228:60, eff. July 1, 1996.|
NH Rev Stat § 482:20 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482 - Dams, Mills, and Flowage|Section 482:20 - Termination of Rights.

    482:20 Termination of Rights. –||All rights, powers, privileges and franchises conferred upon any corporation, enabling it to construct and maintain milldams upon the streams of this state and to flow lands or do any other act necessary to the development of hydroelectric energy, shall terminate and be forfeited at the end of 6 years from the date on which the act of incorporation took effect, unless the actual work of constructing such dams or power plants shall be commenced during such 6 years and be prosecuted with reasonable diligence until such dams and plants are completed and in operation.|||Source. 1989, 339:1, eff. Jan. 1, 1990.|