reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:11 - Nonconforming Structures.

483-B:11 Nonconforming Structures. –
I. Except as otherwise prohibited by law or applicable municipal ordinance, nonconforming structures located within the protected shoreland may be repaired, replaced in kind, reconstructed in place, altered, or expanded. Repair, replacement-in kind, or reconstruction in place may alter or remodel the interior design or existing foundation of the nonconforming structure, but shall result in no expansion or relocation of the existing footprint within the waterfront buffer. However, alteration or expansion of a nonconforming structure may expand the existing footprint within the waterfront buffer, provided the structure is not extended closer to the reference line and the proposal or property is made more nearly conforming than the existing structure or the existing conditions of the property. This provision shall not allow for the enclosure, or conversion to living space, of any deck or open porch located between the primary structure and the reference line and within the waterfront buffer.
II. For the purposes of this section, a proposal that is "more nearly conforming" means alteration of the location or size of the existing footprints, or redevelopment of the existing conditions of the property, such that the structures or the property are brought into greater conformity with the design standards of this chapter. Methods for achieving greater conformity include, without limitation, reducing the overall square footage of structural footprints, enhancing stormwater management, adding infiltration areas and landscaping, upgrading wastewater treatment, improving traffic management, or other enhancements that improve wildlife habitat or resource protection.
III. An expansion that increases the sewerage load to an onsite septic system, or changes or expands the use of a septic system, shall require a subsurface approval issued by the department.
IV. Under paragraph I, and except as otherwise prohibited by law or applicable municipal ordinance, primary nonconforming structures may be entirely demolished and reconstructed, with continued encroachment into the waterfront buffer, provided the replacement structure is located farther back from the reference line than the preexisting nonconforming structure.
V. Notwithstanding paragraphs I and IV, between the primary building line and the reference line, no alteration shall extend the structure closer to the public water, except that a deck or open porch extending a maximum of 12 feet towards the reference line may be added to nonconforming structures erected prior to July 1, 1994.
Source.
1991, 303:1. 1992, 235:20. 1994, 383:16, 17. 1996, 17:6. 2002, 263:10. 2007, 267:10. 2008, 5:11, 22. 2011, 224:404. 2012, 276:2, 3, eff. June 19, 2012.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:12 - Shoreland Exemptions.

483-B:12 Shoreland Exemptions. –
I. The governing body of a municipality may, in its discretion, request the commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the governing body finds that special local urbanization conditions as defined in RSA 483-B:4, XXV, exist in the protected shoreland for which the exemption is sought.
II. If the governing body of a municipality requests such an exemption, it shall submit evidence of existing and historical patterns of building and development in the protected shoreland in demonstration of the special local urbanization conditions. Such evidence shall address:
(a) Current and past building density.
(b) Commercial, industrial, or residential uses.
(c) Municipal or other public utilities.
(d) Current municipal land use regulations which affect the protected shoreland.
(e) Designation as a downtown, community center, central business district, or urbanized area or urban cluster as delineated by the United States Census Bureau.
(f) Any other information which the commissioner may reasonably require.
III. With the advice of the office of planning and development, the commissioner shall approve or deny the request for an exemption and shall issue written findings in support of his decision. A request for an exemption shall be approved only if the municipality demonstrates, using the evidence required under paragraph II, that special conditions of urbanization exist along the portion of shoreland to be exempted.
IV. The Pease development authority, division of ports and harbors may request an exemption under this section for all or a portion of any land purchased, leased, or otherwise acquired by it pursuant to RSA 12-G:39.
Source.
1991, 303:1. 2001, 290:15. 2003, 319:9. 2004, 257:44. 2009, 218:21, eff. Sept. 13, 2009. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:13 - Repealed by 1992, 235:28, II, eff. Jan. 1, 1993.

483-B:13 Repealed by 1992, 235:28, II, eff. Jan. 1, 1993. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:14 - Rehearings and Appeals.

483-B:14 Rehearings and Appeals. –
Where the requirements of this chapter amend the existing statutory authority of the department or other agencies relative to certain established regulatory programs and shall be enforced under these established regulatory programs, the existing procedures governing contested cases and hearings and appeals regarding these requirements shall apply. Where requirements of this chapter are new and do not amend existing statutory authority relative to any established regulatory programs, the procedures set forth in RSA 541-A:31 for contested cases shall apply.
Source.
1991, 303:1. 1992, 235:24. 1994, 412:51, eff. Aug. 9, 1994.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:15 - Gifts, Grants and Donations.

483-B:15 Gifts, Grants and Donations. –
The department is authorized to solicit, receive, and expend any gifts, grants, or donations made for the purposes of this chapter. Gifts of land or easements shall be assigned to the department of natural and cultural resources for management or assignment to another state agency or other public body, as appropriate.
Source.
1991, 303:1, eff. July 1, 1994. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:16 - Assistance to Municipalities; Office of State Planning and Energy Programs.

483-B:16 Assistance to Municipalities;  Office of State Planning and Energy Programs. –
The office of planning and development may assist municipalities with the implementation of local ordinances under this chapter, upon the request of an individual municipality.
Source.
1991, 303:1. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:17 - Rulemaking.

483-B:17 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The content and structure of all forms, applications and permits to be received or issued by the department under this chapter, including information and other materials to be submitted by an applicant.
II. Procedures for filing and review of requests for urbanized shoreland exemptions and standards for granting urbanized shoreland exemptions, including time frames for decisions.
III. Implementation and enforcement of the minimum shoreland standards, including methods and timing of inspection and coordination with municipalities.
IV. Procedures and criteria for the size and placement of small accessory structures such as storage sheds and gazebos, which are consistent with the intent of this chapter, between the reference line and the primary building line.
V. Criteria governing the assessment of administrative fines.
VI. Criteria governing low phosphate, slow release nitrogen fertilizer.
VII. A methodology for identifying unsafe trees.
VIII. [Repealed.]
IX. Definitions of terms not defined in this chapter.
X. Procedures and criteria for permitting under RSA 483-B:5-b, including permit by notification and the identification of those activities that may be conducted without obtaining a permit, all consistent with the provisions of this chapter.
XI. Requests for extensions of permits for activities within the protected shoreland.
Source.
1991, 303:1. 1992, 235:25. 1994, 383:18. 1996, 100:2. 2002, 263:11. 2007, 267:11; 269:2. 2008, 5:23. 2009, 218:22, 23, III. 2011, 143:4, eff. Aug. 6, 2011; 224:405, eff. June 29, 2011.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:18 - Penalties.

483-B:18 Penalties. –
I. The following shall constitute a violation of this chapter:
(a) Failure to comply with the provisions of this chapter.
(b) Failure to obey an order of the commissioner or a municipality issued relative to activities regulated or prohibited by this chapter.
(c) Misrepresentation by any person of a material fact made in connection with any activity regulated or prohibited by this chapter.
II. Any person who violates this chapter and any person who purchases land affected by a violation of this chapter who knew or had reason to know of the violation shall be liable for remediation or restoration of the land affected to bring it into compliance with the provisions of this chapter.
III. Persons violating the provisions of this chapter and damaging the public waterway who, after notification by the department, fail to make a good faith effort at remediation and restoration shall be subject to the following:
(a) Upon petition of the attorney general or of the municipality in which the violation occurred, the superior court may levy upon any person violating this chapter a civil penalty in an amount not to exceed $5,000 for each continuing violation. The superior court shall have jurisdiction to restrain a continuing violation of this chapter, and to require remediation.
(b) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil penalties under this chapter.
(c) Notwithstanding the $5,000 fine limit in subparagraph (b), the administrative fine for each repeat violation of this chapter may be multiplied by a factor of 2 for every previous violation committed by the person or entity.
Source.
1991, 303:1. 1994, 383:19. 2002, 169:2. 2011, 224:406, eff. June 29, 2011. 2013, 153:8, eff. Aug. 27, 2013.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:19 - Repealed by 2007, 267:14, I, eff. April 1, 2008.

483-B:19 Repealed by 2007, 267:14, I, eff. April 1, 2008. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:20 - Repealed by 2007, 267:14, II, eff. April 1, 2008.

483-B:20 Repealed by 2007, 267:14, II, eff. April 1, 2008. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-B - Shoreland Water Quality Protection Act › Section 483-B:22 - Coastal and Great Bay Region Reports.

483-B:22 Coastal and Great Bay Region Reports. –
I. The commissioner of the department of environmental services shall convene representatives of the department of transportation, the division of homeland security and emergency management, the office of planning and development, and other agencies as he or she deems appropriate, at least every 5 years, commencing July 1, 2019 to supervise an updating of storm surge, sea-level rise, precipitation, and other relevant projections recommended in the coastal risks and hazards commission 2014 report "Sea-Level Rise, Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected Trends." This report shall be distributed to all state agencies, municipalities in the coastal and Great Bay region, the governor, the speaker of the house of representatives, the president of the senate and the chairs of the house and senate committees with jurisdiction over issues related to such projections.
II. New Hampshire state agencies involved in planning, siting, and design of state-funded structures and facilities, public works projects, and transportation projects, as well as land acquisition and management, and other environmental activities in the coastal and Great Bay regions of New Hampshire, shall reference the Coastal Risks and Hazards Commission report, "Sea-level Rise, Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected Trends," for guidance on all potentially affected activities. Agencies shall develop, as possible and appropriate, uniform standards of guidance, in conformity with the report. Efforts designed with a previous report identified in paragraph I shall not be required by the department to adapt their designs to accommodate the findings of an updated report but may do so as practicable.
III. The department shall maintain a link to all versions of the report on its web page.
Source.
2016, 121:1, eff. July 19, 2016. 2017, 156:64, eff. July 1, 2017. 2019, 249:1, eff. July 16, 2019. 2021, 91:198, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-C - Public Use of New Hampshire Coastal Shorelands › Section 483-C:1 - Public Use of Coastal Shorelands.

483-C:1 Public Use of Coastal Shorelands. –
I. It is the purpose of the general court in this section to recognize and confirm the historical practice and common law right of the public to enjoy the greatest portion of New Hampshire coastal shoreland, in accordance with the public trust doctrine subject to those littoral rights recognized at common law.
II. The general court recognizes that New Hampshire holds in "public trust" rights in all shorelands subject to the ebb and flow of the tide to the high water mark and subject to those littoral rights recognized at common law. This "public trust" shoreland establishes the extreme seaward boundary extension of all private property rights in New Hampshire except for those "jus privatum" rights validly conveyed by legislative act without impairment of New Hampshire's "jus publicum" interests.
III. Any person may use the public trust coastal shorelands of New Hampshire for all useful and lawful purposes, to include recreational purposes, subject to the provisions of municipal ordinances relative to the "reasonable use" of the public trust shorelands.
IV. The provisions of this section shall in no way be construed as affecting the title of private property owners of land contiguous to land subject to the public trust.
V. The high water mark which bounds the shoreward extent of the public trust shorelands in New Hampshire, excluding abnormal storm events, means the average height of all the high waters over a complete tidal cycle commonly referred to as the mean high tide line. The landward trace of the high water mark in New Hampshire is established by the tidal station data within the contemporary 19-year "National Tidal Datum Epoch" for Portland, Maine, Casco Bay (NOS MAINE 841 8150) as that data is transposed to New Hampshire tidal stations by the "differences" tidal constant established by the National Ocean Service (NOS) of the National Oceanic and Atmospheric Administration (NOAA) for New Hampshire tidal stations and published in the annual "Tide Tables High and Low Water Predictions, East Coast of North and South America, Including Greenland". The contemporary 19-year National Tidal Datum Epoch is the national tidal database maintained by NOS of NOAA.
VI. For the purposes of this section, "coastal shorelands" means that portion of the shoreland extending to the high water mark.
Source.
1995, 8:1, eff. June 3, 1995. 2021, 208:2, Pt. VI, Sec. 1, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-D - Winnipesaukee River Watershed › Section 483-D:1 - Model Required.

483-D:1 Model Required. –
The department of environmental services shall develop and implement a model for managing the flow of water in the Winnipesaukee River watershed.
Source.
1998, 384:1. 2010, 368:12, eff. Dec. 31, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-D - Winnipesaukee River Watershed › Section 483-D:2, 483-D:3 - Repealed by 2010, 368:1(34), eff. Dec. 31, 2010.

483-D:2, 483-D:3 Repealed by 2010, 368:1(34), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-D - Winnipesaukee River Watershed › Section 483-D:4 - Reports.

483-D:4 Reports. –
The department of environmental services shall prepare an annual report to be presented no later than January 1 of each year to the president of the senate, the speaker of the house of representatives, the governor and council, the state library, and the selectmen of all towns in the Winnipesaukee River watershed district. The report shall include a summary of the relevant activities and findings conducted in the most recent year. The report shall also include a summary of the development and/or implementation of the model to date, and any recommendations for legislation.
Source.
1998, 384:1, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-F - Pcb Assistance › Section 483-F:1 - Purpose Statement.

483-F:1 Purpose Statement. –
The general court recognizes that polychlorinated bi-phenyl (PCB) contamination is widespread in New Hampshire and impacts both land and water. As a result of PCB laden products used both as intended and inappropriately dumped from 1929-1977, over 100 waterways have become impaired for fish consumption. In addition, waterfowl have been found to have high levels of PCBs in their blood and in their eggs. The general court hereby declares that the purpose of this chapter is to better understand the impact of PCBs on aquatic life and to ameliorate those impacts to the greatest extent possible.
Source.
2023, 79:36, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-F - Pcb Assistance › Section 483-F:2 - Definitions.

483-F:2 Definitions. –
In this chapter:
I. "Department" means the department of environmental services.
II. "Fund" means the PCB assistance fund established in this chapter.
Source.
2023, 79:36, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 483-F - Pcb Assistance › Section 483-F:3 - PCB Assistance Fund.

483-F:3 PCB Assistance Fund. –
I. There is hereby established in the department the PCB assistance fund which shall be maintained in distinct and separate custody from all other funds, notwithstanding RSA 6:12. All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services for the purposes of this chapter.
II. The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other matching funds and incentives; and interests in land for the purposes of this chapter. The moneys collected under this paragraph shall be deposited in the fund established under paragraph I of this section.
III. The commissioner shall adopt rules relative to the distribution of money from the fund, taking into consideration ability to pay, natural disaster conditions and locations, requirements for repair, replacement and treatment, and other factors as determined by the department.
Source.
2023, 79:36, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:2 - Procedure for Notification and Recordation of Compact.

484:2 Procedure for Notification and Recordation of Compact. –
The said agreement or compact when ratified by the legislatures of each of said states and approved by the Congress of the United States, shall thereupon become operative and effective. The governor is authorized and directed forthwith to notify the governors, respectively, of the said states and the President of the United States, that the state of New Hampshire on its part has approved and ratified said compact or agreement. Upon its execution in quintuplicate by the commissioners or representatives of each of said states as previously stated, a duly executed original of the compact shall be filed in the office of the secretary of state of the state of New Hampshire, together with the original notice of ratification received from the governors of the remaining signatory states, and such notice, if any, as may be received from the President or the Congress of the United States, signifying the approval of such Congress to the compact.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:3 - Appointment of Commission.

484:3 Appointment of Commission. –
Within 30 days after such agreement or compact shall have become effective as provided in RSA 484:2, the governor shall, with advice and consent of the council, appoint 3 members of the Connecticut River Valley Flood Control Commission, one of whom shall serve until May 1, 1952, and one of whom shall serve until May 1, 1953, and one of whom shall serve until May 1, 1954. In the month of April, 1952, and each year thereafter, the governor, by and with the advice and consent of the council, shall appoint one member of the said commission, whose term of office shall be 3 years from and after May 1 of the year in which he is appointed.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:4 - Vacancies.

484:4 Vacancies. –
If a vacancy occurs in the commission, the governor shall, with the advice and consent of the council, appoint a member to serve only for the unexpired term. Any member of the commission shall be eligible for reappointment.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:5 - Compensation.

484:5 Compensation. –
Each commissioner designated or appointed by the governor and council, who, while such commissioner holds no salaried state office, shall be paid by the state as compensation the sum of $30 for each day's service performed in connection with his duties as such commissioner but not to exceed $600 in any fiscal year. Such compensation shall be paid by the state treasurer, upon warrant of the governor, with the advice and consent of the council, upon bills approved by the chairman or vice chairman and treasurer of the commission. All commissioners shall be entitled to their actual expenses incurred in the performance of their duties as such.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:6 - Designation of Alternate.

484:6 Designation of Alternate. –
Each commissioner designated or appointed under this compact may appoint an alternate member to serve in his place at meetings of the commission that he is unable to attend; provided, however, that whenever a member is a state employee, his alternate shall also be a state employee. All such appointments shall be made in writing, with written notification to the commission identifying the alternate member. Alternate members shall receive no compensation. Each commissioner may not appoint more than one alternate, and at no meeting shall one alternate represent more than one commissioner.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:8 - Procedure for Notification and Recordation of Compact.

484:8 Procedure for Notification and Recordation of Compact. –
The said agreement or compact, when ratified by the legislature of each of said states and approved by the Congress of the United States, shall thereupon become operative and effective. The governor is authorized and directed forthwith to notify the governor of the Commonwealth of Massachusetts and the President of the United States that the state of New Hampshire on its part has approved and ratified said compact or agreement. Upon its execution in triplicate by the commissioners or representatives of each of said states as aforesaid, a duly executed original of the compact shall be filed in the office of the secretary of state of New Hampshire, together with the original notice of ratification received from the governor of Massachusetts, and such notice, if any, as may be received from the President or the Congress of the United States, signifying the approval of such Congress to the compact.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:9 - Appointment of Commission.

484:9 Appointment of Commission. –
Within 30 days after the aforesaid agreement or compact shall have become effective as provided in RSA 484:8, the governor shall, with the advice and consent of the council, appoint 3 members of the Merrimack River Valley Flood Control Commission, one of whom shall serve until March 1, 1958, one of whom shall serve until March 1, 1959 and one of whom shall serve until March 1, 1960. In the month of February 1958, and each year thereafter, the governor, by and with the advice and consent of the council, shall appoint one member of the said commission, whose term of office shall be 3 years from and after March 1 of the year in which he is appointed.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:10 - Vacancies.

484:10 Vacancies. –
If a vacancy occurs in the commission, the governor shall, with the advice and consent of the council, appoint a member to serve only for the unexpired term. Any member of the commission shall be eligible for reappointment.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:11 - Compensation.

484:11 Compensation. –
Each commissioner designated or appointed by the governor and council, if he holds no salaried state office, shall be paid by the state as compensation the sum of $30 for each day's service performed in connection with his duties as such commissioner but not to exceed $600 in any fiscal year. Such compensation shall be paid by the state treasurer, upon warrant of the governor, with the advice and consent of the council, upon bills approved by the chairman or vice chairman and treasurer of the commission. All commissioners shall be entitled to their actual expenses incurred in the performance of their duties as such.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:12 - Designation of Alternate.

484:12 Designation of Alternate. –
Each commissioner designated or appointed under this compact may appoint an alternate member to serve in his place at meetings of the commission that he is unable to attend; provided, however, that whenever a member is a state employee, his alternate shall also be a state employee. All such appointments shall be made in writing, with written notification to the commission identifying the alternate member. Alternate members shall receive no compensation. Each commissioner may not appoint more than one alternate, and at no meeting shall one alternate represent more than one commissioner.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:14 - Procedure.

484:14 Procedure. –
When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy to be filed with the secretary of state and when said compact shall have been ratified by 2 or more of the states named in RSA 484:13, then said compact shall become operative and effective as between this state and such other states. The governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other states ratifying said compact and to take such steps as may be necessary to secure the designation by the Congress of the United States of its representation on the commission.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:15 - Commissioner.

484:15 Commissioner. –
After the aforesaid compact shall become effective and operative as previously provided, the governor, with the advice and consent of the council, shall designate or appoint a person to serve as a member of the Northeastern Resources Commission. Said commissioner shall serve for a term of 4 years. Any vacancy in said office shall be filled for the remainder of the unexpired term.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:16 - Compensation.

484:16 Compensation. –
The commissioner shall not be entitled to salary as such commissioner, but may be reimbursed for actual expenses incurred in the performance of his duties as such commissioner.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:18 - Procedure.

484:18 Procedure. –
Whenever the department shall have entered into the compact substantially in the form set forth in RSA 484:17 with the duly authorized agency of any of the states specified in said section, it shall file a certified copy of such compact in the office of the secretary of state and shall notify the governor of its action. Such compact shall thereupon become effective and operative as between this state and such other state or states, subject to the consent of the Congress of the United States, which the governor shall take such steps as may be necessary to obtain. The governor is authorized and requested, upon receiving notice of the filing of the required copy of the compact in the office of the secretary of state, to notify, forthwith the governors of the specified states and the President of the United States that the state on its part has ratified and executed said compact. The original notice of ratification received from the governor or other duly authorized official of any state joining in said compact shall be filed with the official copy of said compact in the office of the secretary of state, and such notice, if any as may be received from the President or the Congress of the United States, signifying the consent of the Congress to said compact, shall be filed in the same manner.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:19 - Commissioners.

484:19 Commissioners. –
The governor, with the consent of the council, shall appoint 5 commissioners to the New England Interstate Water Pollution Control Commission. These commissioners shall include the commissioner of environmental services or his designee and 4 other persons to be nominated by the commissioner of environmental services. All commissioners, except the commissioner of environmental services, shall serve 4-year terms. A vacancy shall be filled for the remainder of the unexpired term.
Source.
1989, 339:1. 1995, 310:182. 2000, 44:2, eff. June 6, 2000.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:20 - Compensation.

484:20 Compensation. –
Each commissioner designated or appointed by the governor who, while such commissioner, holds no salaried state office shall be paid by the state as compensation the sum of $30 for each day's service performed in connection with his duties as such commissioner, but not to exceed $600 in any fiscal year. All commissioners shall be entitled to their actual expenses incurred in the performance of their duties as such.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:21 - Reports.

484:21 Reports. –
The commissioners on the part of the state shall obtain accurate accounts of all the commission's receipts and disbursements and shall report to the governor and the commissioner of administrative services annually on or before September 15, setting forth in such detail as the commissioner of administrative services may require the transactions of the commission for the fiscal year ending on the preceding June 30. They shall include in such report recommendations for any legislative action that the commission deems advisable, including such amendments or additions to the laws of the state as may be necessary or desirable to implement the intent and purposes of the New England Interstate Water Pollution Control Compact among the states joining in the compact.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:22 - Control Commission.

484:22 Control Commission. –
The New England Interstate Water Pollution Control Commission, established by RSA 484:17, and called the commission in this subdivision, may develop standards for the training, educational and experience requirements for operating personnel necessary to the proper operation of sewage and other waste treatment plants.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:23 - Training of Personnel.

484:23 Training of Personnel. –
I. The commission may administer programs of training and certification for such personnel and may make classifications of such personnel. Any certificate issued by the commission shall be accepted by this state and all agencies and subdivisions of this state as conclusive evidence that the holder has the training, education and experience necessary for certification for the class of position or responsibility described in such certificate. The department of environmental services, may impose and administer any other requirements for certification within any applicable provisions of law, but it shall not reexamine or reinvestigate the applicant for a certificate with respect to training, education, or experience qualifications.
II. The commission shall keep a record of all certificates issued by it, and in response to any inquiry concerning such a certificate, the commission shall inform the inquirer concerning its issuance and validity. The commission shall annul any certificate issued by it if the commission finds that the certificate was obtained by misrepresentation of any material fact relating to the education, training or experience of the applicant. Such annulment shall be pursuant to rules and regulations of the commission, which shall afford due notice to the certificate holder and an opportunity to present relevant evidence for consideration by the commission.
Source.
1989, 339:1. 1996, 228:67, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:24 - Application.

484:24 Application. –
Nothing contained in this subdivision shall limit or abridge the authority of the commission to revise its standards and to issue new or additional certificates. In any such case, the department may require an applicant for a certificate to present a certificate or certificates which evidence training, education and experience meeting the current standards of the commission.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:25 - Limitations.

484:25 Limitations. –
I. Certificates issued by the commission shall be recognized and given in connection with personnel employed in or having responsibilities for plants discharging into any waters of this state.
II. Nothing in this subdivision shall be construed to require any person to have a certificate in order to be employed in the operation of a sewage or other waste treatment plant. Such requirements, if any, shall be as set forth in or pursuant to other laws of this state; provided that in any case where a certificate is required, an appropriate certificate issued by the commission shall be accepted in lieu of any certificate otherwise required.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 484 - Water Management and Protection Compacts › Section 484:26 - Application.

484:26 Application. –
To the extent that the authority conferred upon the commission by this subdivision is not otherwise exercisable by the commission under the provisions of the New England Interstate Water Pollution Control Compact, the commission shall not require the financial or other support of the program or programs authorized by this subdivision by any state not having enacted legislation substantially similar to this subdivision.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:1 - Statement of Purpose.

485:1 Statement of Purpose. –
I. The purpose of this chapter is to provide a comprehensive drinking water protection program for the citizens of New Hampshire. It shall be consistent with and at least as stringent as the Federal Safe Drinking Water Act standards.
II. In order to implement a comprehensive drinking water protection program, the department of environmental services shall:
(a) Monitor the water quality of public water supplies and privately owned redistribution systems.
(b) Provide technical assistance to water operators and the general public.
(c) Review the design of proposed public water systems, privately owned redistribution systems, and alterations for existing systems. Review of the alteration of existing privately owned redistribution systems shall be limited to alterations that involve more than 500 feet of new installation of distribution piping or the addition of new exterior pumping or storage facilities.
(d) Periodically conduct sanitary surveys of public water systems and privately owned redistribution systems to make certain of proper safety and operation.
(e) Require that public water supplies comply with all pertinent federal and state statutes and rules.
(f) Educate citizens for the need and methods of providing safe and adequate drinking water.
(g) Approve sources of water used in the manufacture of bottled water.
(h) Monitor the operation and maintenance of privately owned redistribution systems.
(i) Adopt primary drinking water standards by establishing maximum contaminant limits or treatment techniques.
Source.
1989, 339:1. 1990, 163:1. 1996, 228:108. 1997, 155:4. 2008, 279:1, 2, eff. July 1, 2009. 2018, 368:3, eff. July 10, 2018.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:2 - Administration.

485:2 Administration. –
This chapter shall be administered by the department, which is authorized to:
I. Enter into agreements, contracts or cooperative arrangements under such terms and conditions as it deems appropriate with other state, federal or interstate agencies, municipalities, education institutions, local health departments or other organizations or individuals.
II. Receive financial and technical assistance from the federal government and other public or private agencies.
III. Participate in related programs of the federal government, other states, interstate agencies, or other public agencies or organizations.
IV. Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds.
V. Adopt rules under RSA 541-A to carry out the requirements of this chapter as listed in RSA 485:3.
Source.
1989, 339:1. 1996, 228:69, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:3-b - Site Assessment Review Fee.

485:3-b Site Assessment Review Fee. –
I. Any person, except for state and local governments including counties and political subdivisions, that requests an expedited review of environmental site assessment reports by the department shall pay to the department a review fee based on the equalized assessed valuation of the property as determined in rules adopted by the commissioner under RSA 541-A, shall be as follows:
Equalized Assessed Valuation
Fee
$0 to $250,000
$1,800
$250,001 to $500,000
$2,250
$500,001 to $1,000,000
$3,750
greater than $1,000,000
$7,500
II. The department shall provide written comments within 60 days after the date such reports and the required fees are received by the department.
Source.
1993, 289:2; 358:93. 2007, 219:9, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:3-c - Groundwater Management Permit Fee.

485:3-c Groundwater Management Permit Fee. –
Any person, submitting a permit application under RSA 485:3, X shall pay to the department a groundwater management permit application fee of $2,000. Any person who has paid the environmental site assessment review fee specified in RSA 485:3-b shall be exempt from the groundwater management permit fee. State and local governments including counties and political subdivisions shall be exempt from groundwater management permit application fees, unless eligible for funding under RSA 146-D, RSA 146-E, RSA 146-F, or RSA 146-G.
Source.
1993, 289:2. 2007, 219:10, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:5 - Power to Require Acquisition of Land.

485:5 Power to Require Acquisition of Land. –
The acquisition of adjacent or marginal lands necessary to provide reasonable sanitary control over the quality of a public water supply shall be deemed an improvement in sanitary conditions which is within the power of the department to require under the provisions of RSA 485:4. Municipalities shall comply with such order pursuant to RSA 38:25.
Source.
1989, 339:1. 1996, 228:106. 1997, 206:6, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:6 - Disinfection.

485:6 Disinfection. –
Any public water supply system which utilizes any of the surface water of the state, as defined in RSA 485-A, as the source of supply, shall, as a minimum means of treatment, be provided with suitable chlorination or other disinfection facilities installed, operated and maintained in accordance with rules of the department adopted under this chapter.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:7 - Penalty.

485:7 Penalty. –
Any municipality, corporation or person who shall fail to install or to operate and maintain disinfection facilities in accordance with the foregoing requirements shall be guilty of a violation for each day of failure to so install, operate or maintain such equipment. Said penalty shall not be invoked in the event of a bona fide emergency arising from an unavoidable or unforeseen failure or casualty to such treatment facilities. It shall be the duty of the municipality, corporation or person in responsible charge of said public water supply system to give immediate notice of the emergency condition to the department in order that appropriate action to safeguard the public health may be taken.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:9 - Highway Construction.

485:9 Highway Construction. –
No public highway, access roads, or private ways of any sort, shall be constructed so as to traverse any watershed tributary to a lake, pond or reservoir used for the storage of public drinking water without first obtaining the approval of the department.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:10 - Approval.

485:10 Approval. –
No person supplying water to the public for domestic use shall resort to, hold in reserve, or maintain, a connection through which water may be received from any auxiliary or emergency source of supply, unless such source shall have been duly declared to, registered, and approved by the department.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:12 - Sealed Valves.

485:12 Sealed Valves. –
All valves or gates used in the connection here described, in the case of sources maintained for public fire protection, shall also be subject to the special seal and inspection of the department. Whenever it shall become necessary to break such seal, or to resort to an unapproved emergency source for public fire protection, notice of such action shall, within 24 hours, be sent to the said department by telephone or telegraph and also by mail.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:13 - Control of Intakes.

485:13 Control of Intakes. –
The department shall have general control and oversight of emergency intakes. It may, when feasible and deemed necessary for the protection of the public health, upon reasonable notice, require the abandonment of any existent emergency source and the adoption of other means of supply.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.