Current through Register No. 13, March 27, 2025
(a) The purpose of this section is to protect
the purity of the water of Lake Massabesic, which is the principal drinking
water supply for the city of Manchester and portions of the towns of:
(b) This section shall apply within the Lake
Massabesic watershed which lies above the Massabesic dam, located at
approximate latitude 42°57'48", longitude 71°23'43", in the following
municipalities:
(c) The following terms as used in this
section shall be defined as follows:
(1)
"Board of water commissioners" means the governing body of the Manchester water
works;
(2) "Direct tributary" means
that portion of any stream shown on the most current version of the U.S.
Geological Survey 7 1/2' topographic maps that does not flow into or through a
pond, lake, reservoir, or impoundment of 5 acres or more before reaching Lake
Massabesic;
(3) "Motor vehicle"
means "motor vehicle" as defined in
RSA
259:60;
(4) "Off highway recreational vehicle (OHRV)"
means "off highway recreational vehicle", as defined in
RSA
215-A:1, VI.; and
(5) "Person" means an individual,
corporation, company, association, society, firm, partnership , joint stock
company , or other legal entity.
(d) Any person violating this section shall,
in accordance with RSA 485:26, be guilty of a
misdemeanor if a natural person, or guilty of a felony if any other
person.
(e) In accordance with the
provisions of RSA
485:24, the health officers and the boards of
health of the city of Manchester and the towns of Auburn, Candia, Chester, and
Hooksett and their duly authorized agents, and the board of water commissioners
and its duly authorized agents, may act as agents of the department for the
enforcement of this section in cooperation with the department.
(f) Under the provisions of
RSA
485:24, II , the board of water commissioners
and its representatives may enter at reasonable times any land or property
within the Lake Massabesic watershed for the purpose of investigating watershed
sanitation and other sources of potential water contamination.
(g) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall
apply.
(h) Waivers and exemptions
to this section shall apply as follows:
(1)
Any person may request from the department a waiver from the provisions of this
section in accordance with
Env-Ws
386.04; and
(2) Employees of the board of water
commissioners engaged in the performance of necessary duties for the protection
and control of Lake Massabesic, its tributaries, and its watershed shall be
exempt from the provisions of this section.
(i) The Manchester Water Works shall post a
summary of the information contained in (d), above and the prohibitions and
restrictions contained in (l), (m), (o) through (q), (s), and (t), below in
locations where persons might reasonably be expected to access Manchester Water
Works' property, or Lake Massabesic or its tributaries. The posted summary may
also contain any other prohibitions contained in this section and any
prohibitions or restrictions enacted by local ordinance.
(j) Within 200 feet of Lake Massabesic or any
pond, reservoir, or stream tributary thereto, a person shall not build any
privy, pigpen, stable, or other buildings or structure in which horses, cattle,
swine or other animals or fowl are kept.
(k) Within 200 feet of Lake Massabesic or
Tower Hill Pond, the following provisions shall apply:
(1) A person shall not build any privy,
toilet, sink drain, or subsurface septic disposal system or allow any
discharges therefrom, except as provided by (k)(2) below;
(2) Existing properly functioning septic
systems may remain in place; and
(3) If failure of an existing septic system
occurs, the owner shall repair or replace said system in accordance with Env-Ws
1003.10.
(l) With the
exception of operating an outboard motor, on or within 200 feet of the waters
or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto,
a person shall not:
(1) Deposit any dead
animal or parts thereof, food or any article perishable or decayable, kitchen
waste, swill, garbage, or human waste;
(2) Deposit any hazardous waste, as defined
in Env-Wm 110.01(b)(56), such as solid, semi-solid, liquid or contained gaseous
waste, or any combination of wastes which possess a threat to human health or
the environment;
(3) Deposit solid
waste such as refuse, appliances, auto parts, tires, tree stumps, or similar
waste; or
(4) Deposit manure,
fertilizer, or chemical waste such as gasoline, paint, or similar
waste.
(m) On or within
the water or ice of Lake Massabesic or any pond, reservoir, or stream tributary
thereto the following prohibitions and restrictions shall apply:
(1) A person shall not bathe, wade, swim,
water ski or perform any similar water contact activity;
(2) A person shall not use a sunfish,
sailfish, sail board, ski craft as defined in
RSA
270:73, V, or other craft which in the
judgment of the board of water commissioners or its representatives makes
extensive bodily contact with the water unavoidable;
(3) A person shall not discharge from or off
a vessel, cruiser, boat, houseboat, wharf or from a structure of any kind or
any tank or receptacle thereon or therein contained, any excrement, urine, or
waste;
(4) All boats or structures
of any kind that are equipped with toilet, lavatory, or other sewage or waste
producing fixtures shall be provided with water-tight tanks or receptacles for
the reception and temporary storage of such wastes;
(5) The aforementioned tanks or receptacles
shall be maintained as required in
RSA
487:2 and the contents thereof shall be
disposed of in a municipal sewage system or to any adequate sewage disposal
system on shore;
(6) A person shall
not tie, beach, or ground an occupied vessel, cruiser, boat, houseboat, or
structure of any kind to the water or ice, or tie to the shore for an overnight
period or any part of an overnight period, except as permitted by Manchester
Water Works pursuant to (t)(4) or (t)(5), below;
(7) An unoccupied vessel, cruiser, boat,
houseboat, or structure of any kind may be anchored or grounded to said waters
or ice only by permission of the board of water commissioners pursuant to
(t)(4) or (t)(5), below or land owner, lessee, or person otherwise in control
of such location;
(8) A person
shall not cut or take ice therefrom except by permission and under the
direction of the board of water commissioners as provided for in
RSA
485:54; and
(9) A person shall not use any
aircraft.
(n) In the
Lake Massabesic watershed, the following prohibitions or restrictions shall
apply:
(1) A person shall conduct all
pesticide applications, as defined in RSA 430, in strict accordance with the
rules of the New Hampshire pesticide control board;
(2) A person shall conduct all forestry or
timber harvesting activities in strict accordance with state of New Hampshire
laws including RSA 227-J and in consultation with the Manchester Water Works
forester, and
(3) A person shall
handle any agricultural compost, chemical fertilizer, or manure, as defined in
RSA
431:33, in accordance with best management
practices published by the New Hampshire department of agriculture, markets,
and food in accordance with
RSA
431:34.
(o) In or on Manchester Water Works' property
or the waters or ice of Lake Massabesic or any pond, reservoir, or stream
tributary thereto, the following prohibitions or restrictions shall apply:
(1) A person shall not operate an all terrain
vehicle or other OHRV other than a snow traveling vehicle as defined in
RSA
215-A:1, and then only in non-restricted
areas at the operator's own risk; and
(2) A person shall not break bottles or throw
trash of any description.
(p) The following areas shall be closed to
all human activity:
(1) The Back or West Pond
of Lake Massabesic north and west of the following described line: beginning at
Fire Point, then due west to the Hillsborough-Rockingham county line, then
southerly by the said line, crossing Birch Island to the mainland as marked by
floats and signs; and
(2) The
outlet of Lake Massabesic from the outlet dam downstream to and including Mill
Pond at Island Pond Road and the canal carrying the water to the pumping
station.
(q) On
Manchester Water Works' property the following prohibitions and restrictions
shall apply:
(1) A person shall not enter
upon or remain between the hours of 8:00 p.m. and 8:00 a.m.;
(2) A person shall not place in or adjacent
to Manchester Water Works' waste containers any garbage, refuse, or trash of
any kind brought from home, camp, or place of business;
(3) A person shall only use self-contained
charcoal type fires, as opposed to open flame fires and then only in the
designated public picnic area adjacent to the Route 28 Bypass;
(4) Any vehicle obstructing an emergency
access gate shall be subject to towing at owner's expense;
(5) A person shall not enter restricted areas
that have been posted "NO TRESPASSING"; and
(6) A person shall obey in matters governed
by this section, all lawful requests made by representatives of the board of
water commissioners.
(r)
Within 300 feet of the waters or ice of Lake Massabesic or any pond, reservoir,
or stream tributary thereto, a person shall not allow the following as they
relate to new or modified construction other than repair or replacement in
kind:
(1) Store liquid petroleum products,
except for normal residential use and heating fuels for on-premise
use;
(2) Store road salt or
de-icing chemicals, except for incidental residential use;
(3) Service, wash, or repair boats or motor
vehicles, except for emergency repairs;
(4) Operate a junk yard as defined in
RSA
236:112, I or a machinery junk yard as
defined in RSA
236:112, III;
(5) Render impervious more than 10 percent of
any lot or 2500 square feet on any one lot, whichever is greater; or
(6) Allow or cause to be discharged to the
surface or to groundwater any stormwater that has not been treated by permanent
methods for protecting water quality described in the rules adopted to
implement RSA
485-A:17.
(s) In or on property owned by Manchester
Water Works or the water or ice of Lake Massabesic the following prohibitions
or restrictions shall apply:
(1) A person
shall not tent or camp or use overnight trailers, campers, or
houseboats;
(2) The following
provisions shall apply to dogs and other pets:
a. A person shall control by leash all such
pets;
b. A person shall not leave
such pets unattended;
c. A person
shall not permit such pets in the water or on the beach; and
d. Pet owners shall be required to pick up
and properly dispose of their pets' waste.
(3) A person shall not remove or damage or
deface any structure, sign, plant, tree, or natural feature; and
(4) A person shall not feed ducks, geese,
seagulls, or other waterfowl.
(t) In or on the water or ice of Lake
Massabesic the following prohibitions or restrictions shall apply:
(1) A person shall not operate a motor
vehicle other than a snow traveling vehicle;
(2) A person shall not race power boats or
snow traveling vehicles;
(3) A
person shall not operate any power boat or snow traveling vehicle at a rate of
speed in excess of 35 miles per hour;
(4) A person shall not place moorings without
a mooring permit issued by the Manchester Water Works;
(5) A person shall not place a dock in Lake
Massabesic without a dock permit issued by the Manchester Water Works;
and
(6) The following provisions
shall apply to boats:
a. A person shall not
allow a boat to remain moored after November 30th of
each year; and
b. Manchester Water
Works may remove any boat moored after November 30th
of each year at the owner's expense.
#6521, eff 6-4-97 (See Revision Note at chapter heading
for Env-Ws 300); ss by #7508, eff 6-21-01; amd by #7590, EMERGENCY RULE, eff
11-8-01, EXPIRED: 5-7-02
New. #8500, eff
11-30-05