reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:54 - Definitions.

482:54 Definitions. –
As used in this subdivision:
I. "Contract construction" shall mean work performed after competitive bid by use of an independent contractor in combination with the department.
II. "Emergency" shall mean a circumstance whereby life or property is threatened or will be threatened unless work is performed in a timely manner.
III. "Force account" shall mean use of a work force and equipment directly on the state payroll, including rented equipment and associated labor at current state of New Hampshire equipment rental rates.
IV. "Minor project" shall mean maintenance work performed on a periodic basis with costs not exceeding $20,000.
V. "Reconstruction" shall mean performance of major amounts of work on most if not all of the structure to restore it to its original condition or to upgrade it to current design standards with the cost in excess of $75,000.
VI. "Repair" shall mean performance of intermediate amounts of work on a portion of a structure or associated property on an occasional basis with costs not exceeding $75,000. Repair items include, but are not limited to, replacement of gates, refacing of eroded concrete, repair or replacement of wingwalls, placement of riprap, and emergency repairs. Associated property includes property contiguous to the dam and noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam.
Source.
1989, 339:1. 1996, 228:107. 2001, 138:3, eff. Aug. 28, 2001.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:55 - Fund Established.

482:55 Fund Established. –
For the state of New Hampshire to meet its commitments to maintain its dams and impoundments and associated property for future generations and promote the safety of the public, there is established a dam maintenance fund to cover the cost of performing work on state-owned dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam. This fund shall be a nonlapsing fund which shall be continually appropriated for the purposes of this section.
Source.
1989, 339:1. 1991, 368:2. 2001, 138:4, eff. Aug. 28, 2001.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:55-a - Repealed by 2019, 346:129, II, eff. July 1, 2019.

482:55-a Repealed by 2019, 346:129, II, eff. July 1, 2019. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:56 - Bonds Authorized.

482:56 Bonds Authorized. –
To provide working capital for initiation of the fund established in RSA 482:55, the state treasurer is hereby authorized to borrow upon the credit of the state the sum of $9,800,000 and for said purpose shall issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A.
Source.
1989, 339:1. 1991, 351:7. 1993, 359:5. 1995, 309:27. 1997, 349:17, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:57 - Expenditure.

482:57 Expenditure. –
Notwithstanding other provisions of law, the commissioner of environmental services shall expend such sums from the dam maintenance fund as are necessary for performance of work on state-owned dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam only in the following categories:
I. Minor projects and emergency repairs, including emergency action plans, which may be completed by force account methods by the department.
II. Repair projects, which may be completed by force account methods by the department on dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam, approved for acquisition by the legislature with the approval of governor and council.
III. Reconstruction projects, which shall be completed by contract construction or force account on dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam, approved for acquisition by the legislature with the approval of governor and council.
Source.
1989, 339:1. 1991, 368:3. 1993, 189:4. 1996, 228:107. 2001, 138:5, eff. Aug. 28, 2001.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:58 - Definitions.

482:58 Definitions. –
As used in this subdivision:
I. "Local legislative body" means one of the following basic forms of government utilized by a municipality:
(a) Council, whether city or town.
(b) Mayor-council.
(c) Mayor-board of aldermen.
(d) Village district commissioners in a village district or precinct.
(e) Board of selectmen in a town.
II. "Municipality" or "municipal" means and includes cities, towns and village water districts.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:60 - Municipalities May Petition.

482:60 Municipalities May Petition. –
The local governing body of any municipality in which the whole or a part of a dam is located, if it has reason to believe the dam may be in disrepair, may petition the department for an investigation to determine whether such dam is in disrepair. The local governing body shall so petition the department when requested to do so by 25 taxpayers of such municipality.
Source.
1989, 339:1. 1993, 12:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:61 - Department Action.

482:61 Department Action. –
The department, upon its own motion or upon the filing of a petition pursuant to RSA 482:60, shall notify the owner of such dam of the filing of said petition and set a time and place for a hearing to determine whether such dam is in disrepair. Said notice shall be given at least 21 days before said hearing and may be given in hand to the owner or sent to him by registered mail, or, at the option of the department, said notice may be given by publication once each week for 3 successive weeks in some newspaper of general circulation in the county in which the dam or any part thereof is located. If notice is given by publication, the first publication shall appear at least 21 days prior to the date of the hearing. The department shall file a copy of such notice in the registry of deeds in each county in which the dam is located.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:62 - Inspection.

482:62 Inspection. –
Upon receipt of a petition under RSA 482:60, the department may, either before or after said hearing, cause an inspection of said dam to be made by a competent person, who may be one of its employees.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:63 - Findings of Disrepair.

482:63 Findings of Disrepair. –
Pursuant to notice given by the department, it shall hold a public hearing and find, upon evidence furnished by its employees or others, whether said dam is in disrepair. If the department finds such dam in disrepair, it shall request the dam owner to make the requisite repairs or reconstruction within a period to be fixed by such request.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:64 - Municipality May Take Dam.

482:64 Municipality May Take Dam. –
If the owner shall fail to comply with such request, a municipality in which all or a portion of such dam is located may take, by eminent domain proceedings before the department as provided in this subdivision, such dam and other real estate, franchises, easements, flowage and other property, wherever located, necessary or desirable in the opinion of the department to enable the municipality to construct, maintain, repair, own and operate the same. Eminent domain proceedings may not be taken by a municipality pending an appeal and final determination of such appeal.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:65 - Voters to Authorize Taking.

482:65 Voters to Authorize Taking. –
Eminent domain proceedings shall not be taken under this subdivision unless authorized by a vote of a majority of all voters present and voting at an annual or special meeting of the town or village water district or by a
2/3 vote of all elected members of the town council. A city desiring to initiate eminent domain proceedings under this subdivision shall act through its mayor, whose action shall be authorized by a resolution of the city councils, passed by at least
2/3 of all the members elected to each branch of the councils. All other action under this subdivision by a city shall be by the mayor when authorized by a resolution of the city councils, passed by a majority of the members elected to each branch of the councils.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:66 - Special Town Meetings, Town Council Meetings.

482:66 Special Town Meetings, Town Council Meetings. –
A special town or village water district meeting or town council meeting to authorize action under this subdivision may be called by the local legislative body by posting or causing to be posted a written or printed copy of the warrant noticing such meeting at the place of meeting and at 2 other public places in the town at least 7 days prior to holding the meeting, including the day of holding such meeting. The local legislative body shall leave, on or before the day of the meeting, a copy of such warrant with the town clerk, who shall record it. Upon petition of 25 taxpayers, the local legislative body shall call a special town meeting or town council meeting to consider action under this subdivision.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:67 - Petition for Taking.

482:67 Petition for Taking. –
If, within 2 years from the finding by the department that a dam is in disrepair, a municipality in which a portion of such dam is located desires to take such property by eminent domain proceedings, the local legislative body may in writing so petition the department. Such petition shall contain a statement of the following information, if applicable: the amount of the municipality's indebtedness and its last assessed valuation, information as to the municipality's proposed payment method for said property, a certified copy of the vote of the town authorizing the taking of such property, a copy of the warrant calling the meeting at which such vote was passed, a statement of the number of legal voters, the number present and voting for and against the proposal, a description of the property sought to be acquired and its owners as appearing on the tax records of any municipality, and a list of such other persons believed by the local legislative body to own property that may be flowed or affected as a result of maintaining said dam pursuant to findings and orders of the department made under RSA 482:63.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:68 - Notice.

482:68 Notice. –
Upon receipt of the petition provided for in RSA 482:67, the department shall notify the owners of property likely to be affected by such proceedings by publication as provided in RSA 482:61, and set a time and place for a hearing to determine what property shall be taken by the municipality in order for it to acquire the dam and affected property. Such notice shall be considered adequate as to all persons affected by these and all subsequent proceedings before the department to acquire the said property.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:69 - Hearing and Findings.

482:69 Hearing and Findings. –
After said notice, a public hearing shall be held and the department shall find, upon evidence furnished by its employees or others at the hearing, what property and rights are reasonably required by the municipality for the acquisition of the dam, other real estate, franchises, easements and other property necessary or desirable to enable the municipality to construct, maintain, repair, own and operate the dam so it may not be or become a dam in disrepair, and if the department shall find that payment for said property and rights will not cause the debt of said municipality as authorized by law to be exceeded, it shall determine the compensation to be paid for said property and rights, and render judgment accordingly.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:70 - Appeal on Damages.

482:70 Appeal on Damages. –
Any party aggrieved by an order of the department awarding damages may, within 60 days after entry of the order, file a petition in the superior court of the county in which the land is wholly or partially located to have the damages assessed by a jury, upon which petition notice shall be given, and the court shall assess such damages by jury. If the result of an appeal is to change the award of damages in favor of the appellant, he shall recover costs; otherwise, he shall pay costs.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:71 - Guardian Ad Litem; Fees.

482:71 Guardian Ad Litem;  Fees. –
If an owner or the owners of real estate, franchises, easements and other property affected by proceedings under this subdivision is under any legal disability and is not under guardianship in this state or his residence is unknown or uncertain, the department shall upon application by the municipality, appoint a guardian ad litem, who shall represent the owner in the proceedings. The department shall determine and fix the amount due to any guardian appointed by it for services and disbursements in connection with any proceedings under this subdivision, and the portion of such fee that justice requires shall be payable out of any award that may be made for any land or right of the ward that 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 482 - Dams, Mills, and Flowage › Section 482:72 - Municipality Required to Pay Judgment.

482:72 Municipality Required to Pay Judgment. –
A municipality shall expend such sums as may be necessary to satisfy any judgment of the department pursuant to RSA 482:69 and any appeal from such judgment and such sums may be taken from moneys (a) raised from the sale of bonds, sufficient authority for the issuance of which shall be the affirmative vote passed at the meeting referred to in RSA 482:65; (b) in the hands of the town treasurer not appropriated or held for a purpose not inconsistent with such payment; (c) or voted the purpose at any regular or special town meeting or special meeting of a town council.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:73 - Employment of Assistants.

482:73 Employment of Assistants. –
A municipality acting through its local legislative body may employ engineers, counsel and others and defray other expenses incident to proceedings under this subdivision.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:74 - Access to Dam.

482:74 Access to Dam. –
Access to a dam and adjacent property may be had at all times by representatives of the department or a municipality to implement the purposes and intent of this subdivision.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:75 - Jointly Sponsored Projects.

482:75 Jointly Sponsored Projects. –
In order for the state of New Hampshire to cooperate fully with federal agencies in watershed management as provided for under Public Law 566, as amended, all jointly sponsored soil conservation districts projects for watershed protection, flood prevention, and water management are declared to be projects under the provisions of this chapter except that compliance with the provisions of RSA 481:8 shall not be required.
Source.
1989, 339:1. 2009, 112:10, eff. Aug. 14, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:76 - Projects Tax Exempt.

482:76 Projects Tax Exempt. –
All property and rights acquired by the department for projects in cooperation with federal agencies as provided for under Public Law 566 and pursuant to RSA 482:75 which are nonrevenue-producing shall be exempt from all taxation and shall not be subject to the provisions of RSA 481:14.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:77 - Small-Watershed Projects.

482:77 Small-Watershed Projects. –
I. The department is authorized to cooperate with cities and towns in the development of small-watershed projects as planned by the Natural Resources Conservation Service of the United States Department of Agriculture and local sponsoring organizations, under the provisions of Public Law 566, as amended, and under RSA 482:75. Notwithstanding any other provision of law, the exercise of eminent domain may not be applied on any lands needed to allow the enlarging of a dam beyond the height or length needed solely for flood control purposes.
II. Financial aid from the state for recreational purposes at such a project is contingent upon approval by the state soil conservation committee of a land use plan for proposed public development at each site under consideration. The state soil conservation committee shall review each site and shall assist the municipalities, local sponsoring organizations, and land owners in preparing a general land use plan for each site. The committee shall also assist the municipalities in the preparation of mutually acceptable applicable ordinances to which such a general land use plan shall conform.
III. A small-watershed project fund is created to receive state and local municipal contributions for payment of the cost of acquiring additional land and right-of-ways and for construction costs for recreation purposes to be included in the structures and appurtenances on the United States Natural Resources Conservation Service projects. If the town joining in the project has matched the funds appropriated for the project by the state and has deposited the matching funds into the small-watershed project fund, the department is authorized to draw money from this fund for the purposes set forth in this section, subject to the conditions upon spending the matching funds set forth in the statute making the appropriation.
Source.
1989, 339:1. 1995, 206:2. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:78 - Replacement of Highways.

482:78 Replacement of Highways. –
If it becomes necessary to change the elevation of or to relocate a highway in the primary or secondary state highway system because of the construction of a dam or the impounding of water by a dam under a small-watershed project, the cost of the change of elevation or the relocation of the highway to be paid by the sponsoring agency is the cost that would be in excess of the estimated normal replacement of that highway as estimated by the commissioner of transportation. The department of transportation shall pay the costs of the change in an amount equal to the estimated costs of the normal replacement of the highway; provided, however, that all expenditures from the highway fund required as provided in this section shall be approved by the general court as a special appropriation in the budget of the department of transportation.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:79 - Investigation of Levels of Inland Waters.

482:79 Investigation of Levels of Inland Waters. –
The department may, upon its own motion or at the request of the attorney general or upon complaint of not less than 10 owners of property on any inland public water in the state, make a preliminary investigation of conditions affecting the use and enjoyment of any such public water whenever it shall be of the opinion that such investigation would be in the public interest. If, as a result of any such preliminary investigation, it shall appear to the department that the management and control of any outlet of any such public water and the connected instrumentalities are carried on or used in such manner that the value of shore property above or riparian rights below such outlet or the enjoyment of such water by the public is seriously and adversely affected, it may make further investigation with a view to ascertaining the respective rights of all interested parties, including the public. If, as a result of such further investigation after public hearing, the department shall be of the opinion that such management and control is lawful, but that changes in the manner of the exercise of the right of management and control would be of benefit to others without undue injury to the owner of the outlet, it shall direct such changes as in its opinion would be of benefit to the public and private interests concerned.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:79-a - Repealed by 2008, 272:6, II, eff. Jan. 1, 2009.

482:79-a Repealed by 2008, 272:6, II, eff. Jan. 1, 2009. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:80 - Report to Governor and Council.

482:80 Report to Governor and Council. –
If, as a result of such further investigation, the department shall be of the opinion that such management and control of the outlet and the connected instrumentalities is lawful, and that changes in such management and control in the public interest would deprive the owner of the outlet or others of rights to which they are lawfully entitled and that such changes, notwithstanding such deprivation, would be for the public interest, it may estimate all damages which would be occasioned by such changes and all other connected costs and report its findings to the governor and council.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:81 - Procedure When Use Unlawful.

482:81 Procedure When Use Unlawful. –
If, upon complaint of not less than 10 owners of property on any inland public water in the state, the department determines that a hearing is required, notice shall be provided to the owner of the outlet of such water. If personal service is impractical in the opinion of the department, notice may be by publication, and such other notice, by publication or otherwise, as the department may order. If after notice and a hearing, the department determines that the management and control of any such outlet or the connected instrumentalities is unlawful and contrary to the public interest, it shall report its findings to the attorney general. Upon receipt of such findings, the attorney general in the name of the state may institute appropriate proceedings in equity in the superior court, and the court shall make such orders as may be necessary to protect the rights of the parties.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:82 - Gifts or Grants to the State.

482:82 Gifts or Grants to the State. –
When in the opinion of the department it is in the public interest for the state to accept gifts or grants of real estate, or any interest in real estate, contiguous to inland public waters, rivers or streams, the department shall recommend such acceptance to the governor and council who may, by resolution, accept the same in the name of the state.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:83 - Costs of Hearing.

482:83 Costs of Hearing. –
The petitioners for a hearing pursuant to the provisions of RSA 482:79 shall make a deposit to the department of $100 with each such petition. This payment shall be for expenses of publication, mailing, and posting of notices by the department and for the expenses of hiring a hearing site if necessary for hearings held during normal business hours in Concord. For hearings held outside of Concord or after normal business hours or both, the payment shall also cover expenses of the hearing personnel including per diems for personnel of the department. If said expenses amount to more than $100, the department shall require the petitioners to pay the additional amount before it renders its decision.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:84 - Official Gauge for Lake Winnipesaukee.

482:84 Official Gauge for Lake Winnipesaukee. –
The gauging station maintained by the United States Geological Survey at Endicott Park at the Weirs in Laconia, New Hampshire, located approximately 500 feet northwesterly from the northerly end of the channel connecting Lake Winnipesaukee and Paugus Bay is established as the official gauging station to measure the level of water in Lake Winnipesaukee. The total quantity of water drawn from Lake Winnipesaukee during the 7 days in any week between June 1 and October 15 of any year shall not exceed the equivalent of 250 cubic feet for each second of time during said week when the gauge reading (making due allowance for seiche and wind action) on said gauging station is at or below 502.4 feet above mean sea level as shown by said gauging station; provided, however, that upon the finding of an emergency by the department, the department may permit drafts of water in excess of said amount during said period for such time and in such amounts as the department may determine. Upon complaint of not less than 10 owners of property on Lake Winnipesaukee, a hearing may be held before the department and proceedings instituted as provided in RSA 482:81.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:85 - Stream Flow Gauging Stations.

482:85 Stream Flow Gauging Stations. –
The department shall cooperate with the United States Geological Survey in the establishment and maintenance of stream flow gauging stations on streams in this state for the purpose of providing the people and industries of this state with information which will assist them in the determination of plans for flood prevention and the conservation of natural water resources of the state for water supply, recreation, sanitation, and power production.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:86 - Disqualification.

482:86 Disqualification. –
No member of the department shall sit upon the hearing of any question which the department is to decide in a quasi-judicial capacity who would be disqualified for any cause, except knowledge of the facts involved gained in the performance of his official duties, to act as a juror upon the trial of the same matter in an action at law.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:87 - Administrative Powers.

482:87 Administrative Powers. –
The department shall have the power to issue permits and to make orders under this chapter, conduct hearings, subpoena and examine under oath owners of dams, their books, records, documents, correspondence, and accounts, and to subpoena any other person it deems necessary to implement the purposes and intent of this chapter. The commissioner shall adopt under RSA 541-A and enforce such reasonable rules as are deemed necessary to implement the provisions of this chapter.
Source.
1989, 339:1. 1995, 217:10, eff. Aug. 11, 1995.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:88 - Operation of State Owned Dams by Cities and Towns.

482:88 Operation of State Owned Dams by Cities and Towns. –
The department is authorized to require cities and towns that operate state-owned dams to do so in accordance with the provisions of this chapter and those of RSA 481 and pursuant to rules adopted by the commissioner under RSA 541-A, upon the request of the governing body of a city or town. The operation of a dam by a city or town shall be supervised by a municipal employee who shall be designated by the department to act as its agent, in accordance with a mutually acceptable operating agreement.
Source.
1989, 339:1. 1996, 228:62, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:90 - Conferences Authorized.

482:90 Conferences Authorized. –
The department is authorized to confer and agree with legally constituted similar authorities of other states or agencies of the federal government.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:91 - Interstate Compacts.

482:91 Interstate Compacts. –
I. Upon the recommendation of the department, the governor and council are authorized, in the name of and on behalf of the state, to enter into agreements or compacts with any one or more of the New England states or an adjoining country as the governor and council may deem to be in the best interests of this state. Such agreements and compacts shall be for the purposes of promoting health, welfare and public safety by conserving and regulating the waters in all rivers or streams whose drainage basins or any portion of a drainage basin lie within this state as to:
(a) Flow and diversion.
(b) Lessening flood damage.
(c) Removing or preventing sources of pollution.
(d) The rights of other states or adjoining country in the waters.
II. The governor and council may enter into compacts and agreements if the consent of the United States Congress, if required, has been or shall be given to the making of the agreements or compacts.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:92 - Interstate Commerce.

482:92 Interstate Commerce. –
Nothing in this chapter shall be construed as applying to interstate or foreign commerce except as may be permitted by the federal constitution and laws enacted under it.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:93 - Repealed by 2010, 368:1(33), eff. Dec. 31, 2010.

482:93 Repealed by 2010, 368:1(33), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:1 - Finding of Public Purpose.

482-A:1 Finding of Public Purpose. –
It is found to be for the public good and welfare of this state to protect and preserve its submerged lands under tidal and fresh waters and its wetlands, (both salt water and fresh-water), as herein defined, from despoliation and unregulated alteration, because such despoliation or unregulated alteration will adversely affect the value of such areas as sources of nutrients for finfish, crustacea, shellfish and wildlife of significant value, will damage or destroy habitats and reproduction areas for plants, fish and wildlife of importance, will eliminate, depreciate or obstruct the commerce, recreation and aesthetic enjoyment of the public, will be detrimental to adequate groundwater levels, will adversely affect stream channels and their ability to handle the runoff of waters, will disturb and reduce the natural ability of wetlands to absorb flood waters and silt, thus increasing general flood damage and the silting of open water channels, and will otherwise adversely affect the interests of the general public.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:2 - Definitions.

482-A:2 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of environmental services.
I-a. "Council" means the wetlands council established in RSA 21-O:5-a.
I-b. "Department" means the department of environmental services.
II. "Division" means the division of water resources, department of environmental services.
II-a. "Local governing body" means "local governing body" as defined in RSA 672:6.
III. "Local legislative body" means "local legislative body" as defined in RSA 672:8.
IV. "Mean high tide" shall be determined according to the published tables and standards of the United States Coast and Geodetic Survey, adjusted to the locality from such tables.
V. "Municipality" shall include cities, towns, and village districts.
VI. "Person" shall mean any natural person, firm, partnership, association, corporation, company, organization or legal entity of any kind including municipal corporations, governmental departments and agencies, or their subdivisions.
VII. "Sand dune" shall mean a hill or ridge of sand piled up by the wind and commonly found on the seacoast.
VIII. "Boat slip" means:
(a) On water bodies over 10,000 acres, means a volume of water 25 feet long, 8 feet wide, and 3 feet deep as measured at normal high water and located adjacent to a structure to which a watercraft may be secured.
(b) On water bodies of 10,000 acres or less, a volume of water 20 feet long, 6 feet wide, and 3 feet deep as measured at normal high water mark and located adjacent to a structure to which a watercraft may be secured.
IX. "Structure" means, notwithstanding any other provision of law, something installed, erected, or constructed, but shall not include a bench, landing with dimensions no larger than 10 feet wide by 10 feet long, or stairs with a width not exceeding 6 feet, provided that such benches, landings, or stairs are installed, erected, or constructed without regrading or recontouring of the shoreline and are not over water. Structures include, but are not limited to, the following: fence, dock, breakwater, post, pile, building, bridge, culvert, and wall.
X. "Wetlands" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
XI. "Wetland functions" means the practical measurable values of wetlands. The 12 primary wetland functions are ecological integrity, wetland-dependent wildlife habitat, fish and aquatic life habitat, scenic quality, educational potential, wetland-based recreation, flood storage, groundwater recharge, sediment trapping, nutrient trapping/retention/transformation, shoreline anchoring, and noteworthiness.
Source.
1989, 225:2; 339:1. 1991, 20:1, 2. 1996, 296:12, 39. 2002, 272:14. 2004, 243:1. 2012, 235:4, eff. Aug. 17, 2012.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:4 - Definition.

482-A:4 Definition. –
Without limiting RSA 482-A:3, the waters and adjacent areas within this state to which this chapter applies are defined as follows:
I. Wherever the tide ebbs and flows, this chapter shall apply to all lands submerged or flowed by mean high tide as locally determined, any sand dune or vegetation thereon in the state of New Hampshire, and, in addition, to those areas within 100 feet of the highest observable tide line which border on tidal waters, such as, but not limited to, banks, upland areas, bogs, salt marsh, swamps, meadows, flats or other lowlands subject to tidal action.
II. Wherever fresh water flows or stands and in all areas above tidal waters not included in paragraph I of this section, it shall apply (in addition to great ponds or lakes of 10 acres or more in natural area as provided for in RSA 482-A:16-20 and RSA 482-A:21-25) to those portions of great ponds or lakes created by the raising of the water level of the same, whether by public or private structure, and to all surface waters of the state as defined in RSA 485-A:2 which contain fresh water, including the portion of any bank or shore which borders such surface waters, and to any swamp or bog subject to periodical flooding by fresh water including the surrounding shore.
Source.
1989, 339:1. 1990, 83:3, eff. April 10, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:5 - Repealed by 1996, 296:33, eff. Aug. 9, 1996.

482-A:5 Repealed by 1996, 296:33, eff. Aug. 9, 1996. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:6 - Powers of Department.

482-A:6 Powers of Department. –
I. The department may deny the petition or may require the installation of bulkheads, barriers, proper retention or containment structures, or both, to prevent subsequent fill runoff back into waters or other protective measures.
II. To perform its duties under this chapter, it shall be lawful for the department, its agents or employees to enter upon any lands in the state.
III. Whenever it is found that a wetlands is at immediate risk from dredging, filling, or other activity in violation of this chapter, the department may issue an emergency order in writing requiring the immediate cessation of such activity. Any person to whom such an order is directed shall comply immediately, but may appeal as provided in RSA 482-A:10.
IV. The department may issue an order to any person in violation of this chapter, a rule adopted under this chapter or any condition in a permit issued under this chapter to comply with this chapter, the rule or the permit, and require such remedial measures as may be necessary. Any person to whom such an order is directed may appeal as provided in RSA 482-A:10.
Source.
1989, 339:1. 1996, 296:43. 2012, 246:7, eff. June 18, 2012.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:7 - Gifts, Grants or Donations.

482-A:7 Gifts, Grants or Donations. –
The department is authorized to solicit and receive any gifts, grants or donations made for the efforts of the department under the provisions of this chapter and to disburse and administer the same through the department.
Source.
1989, 339:1. 1996, 296:44, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:8 - Public Comment and Hearing.

482-A:8 Public Comment and Hearing. –
The department shall provide a reasonable opportunity for public comment on proposals under RSA 482-A:3 and shall hold a public hearing for projects with significant impact on the resources protected by this chapter or of substantial public interest. The department shall notify by mail, the applicant and the property owner if different, the local governing body of the municipality involved, the planning board, if any, and the municipal conservation commission, if any, of the hearing. The department shall maintain a chronological file of all applications received under RSA 482-A:3, which shall be available for public review during normal business hours. The hearing requirement in this section may not apply to such minor projects and to such minor improvements of the shoreline of those waters subject to the jurisdiction of this chapter as the department may by reasonable rule provide.
Source.
1989, 339:1. 1991, 20:4. 1996, 296:44, eff. Aug. 9, 1996. 2013, 43:1, eff. Aug. 3, 2013.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:9 - Notice to Abutters.

482-A:9 Notice to Abutters. –
Like notice shall be mailed to all known abutting landowners, supplemented by reasonable notice by newspaper publications to those unknown, as may be ordered by the department.
Source.
1989, 339:1. 1996, 296:44, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:10-a - Damages.

482-A:10-a Damages. –
I. If, upon appeal of the landowner, the superior court determines that the decision appealed from so exceeds the bounds of the police power as to constitute the equivalent of taking without compensation and that the land as so regulated meets the public purpose standards of this chapter, and if such ruling is affirmed on appeal or becomes the law of the trial by failure of the state to appeal, the superior court shall then proceed to the assessment of the landowner's damages. Unless the department, at this stage, consents to the reversal or modification of its decision by the superior court, that court shall first determine all questions of land title, after notice to all persons interested in the land, including notice by publication to any unknown owners, and then shall assess the damages of the landowner or landowners proceeding as provided in RSA 482:35-38, inclusive, and RSA 498-A:27, and may enter judgment against the state accordingly. The interest acquired by the state by virtue of such proceedings shall be a perpetual negative easement that the privately-owned land or interest in the land described in the proceedings shall not thereafter be excavated, removed, filled, dredged, canalized or ditched, subject to any such reasonable reservations to the landowner as the department may have stipulated to prior to the assessment of damages. The state may, in the alternative, purchase the land or interest in the land in fee simple or other acceptable title, or subject to acceptable reservations and exceptions, by agreement with the landowner. To satisfy any judgment or purchase agreement under this section, the governor and council, in their discretion, may draw their warrant on the marine fisheries fund, the fish and game fund, any other available appropriation for such purpose, or on any money in the treasury not otherwise appropriated, or any combination of such funds, as they may determine to be just and reasonable, or, in the alternative, they may certify a judgment to the next session of the general court for the passage of an appropriation of money sufficient to satisfy the same. The department may, in the name of the state, accept gifts of land or interests in land for the purposes of this chapter.
II. The use of the marine fisheries fund or the fish and game fund under paragraph I shall require a finding that the expenditure will be of substantial benefit to marine fisheries or to fish and wildlife, as the case may be, and the governor and council shall request the prior opinion of the fish and game commission in each such case.
Source.
1996, 296:46, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:12 - Posting of Permits, Display of Registration Numbers, and Reports of Violations.

482-A:12 Posting of Permits, Display of Registration Numbers, and Reports of Violations. –
Project approval by the department shall be in the form of a permit, a copy of which the applicant shall post in a secured manner in a prominent place at the site of the approved project. The department shall mail a copy of such permit to the local governing body of the municipality where the project is located. Any registration number issued by the department pursuant to RSA 482-A:3, IV-a(c) shall be prominently displayed on the lakeward face of the docking structures. Any person proceeding without a posted permit shall be in violation of this chapter. All state, county, and local law enforcement officers are directed to be watchful for violations of the provisions of this chapter and to report all suspected violations to the department.
Source.
1989, 339:1. 1991, 20:7. 1996, 296:47, eff. Aug. 9, 1996. 2020, 37:83, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:13 - Administrative Fine.

482-A:13 Administrative Fine. –
The commissioner, after notice and hearing in accordance with the procedures set forth in RSA 541-A, is empowered to impose an administrative fine of up to $5,000 for each violation, irrespective of the duration of violation, upon any person who violates any provision of this chapter. This fine is appealable under RSA 541. Any administrative fine imposed under this section will not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be placed in the nonlapsing fund authorized in RSA 482-A:14, III.
Source.
1989, 339:1. 1996, 296:47. 2010, 295:4, eff. Sept. 11, 2010.