Current through Register No. 13, March 27, 2025
(a) The purpose of this section is to protect
the purity of the water of Lake Waukewan which is the principal drinking water
supply for the town of Meredith.
(b) This rule shall apply within the Lake
Waukewan watershed above the Lake Waukewan dam, which is located at approximate
latitude 43° 39'26", longitude 71° 30'02", in the towns of:
(c) 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.
(d) In accordance with the
provisions of RSA
485:24, the health officers and the boards of
health of the towns of Ashland, Center Harbor, Holderness, Meredith, and New
Hampton and their duly authorized agents, and the board of selectmen of the
town of Meredith and its duly authorized agents, may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision
of this section is in conflict with local ordinances, the more stringent
provision shall apply.
(f) Any
deviations from this section shall be by written consent of the department, in
accordance with Env-Ws 386.04. The provisions of
this section shall not apply to employees of the town of Meredith engaged in
the performance of necessary duties for the protection and control of said
lake.
(g) Grandfathering of
existing land uses shall be subject to the following:
(1) Existing uses as of June 14, 1993 may be
continued by the landowner, subject to any other rules which may limit the
continuance of an existing use;
(2)
If a change in use, including but not limited to a change from seasonal to year
round use of property or structures, higher intensity of use of campsites, or
the addition of domestic farm animals, occurs or expansion of an existing use
is proposed, the rule requirements shall be met;
(3) Discontinuance of a grandfathered use for
2 consecutive years shall result in termination of any and all grandfathered
rights; and
(4) The intent of these
rules, to improve and maintain protection of Lake Waukewan, shall be considered
at all times.
(h) In
addition to any prohibitions adopted by local ordinance, the prohibitions and
restrictions that apply in the Lake Waukewan watershed described in (b), above,
shall be as follows:
(1) A person shall not
build or maintain any pigpen, stable, or other building or structure in which
horses, cattle swine or other animals or fowl are kept within 200 feet of Lake
Waukewan or adjacent wetlands;
(2)
A person shall not build or maintain any privy, toilet, sink drain or
subsurface septic disposal system or discharges therefrom, within 125 feet of
Lake Waukewan. Existing properly functioning septic systems within 125 feet of
the shoreline may remain in place. If failure occurs, the repair or replacement
system shall be in accordance with Env-Ws 1000;
(3) A person shall not deposit any dead
animals, or parts thereof, food or any perishable articles that will decay and
no kitchen waste, swill, garbage, human or animal waste into or upon said water
or ice, or placed in, upon or within 200 feet of the waters or ice of Lake
Waukewan or adjacent wetlands;
(4)
A person shall prepare and follow an animal waste management plan to be
approved by the Belknap County Conservation District if any one property within
200 feet of Lake Waukewan or adjacent wetlands has more than 5 adult livestock,
10 immature livestock, or 50 poultry;
(5) A person shall not place any hazardous
waste, as defined in RSA 147-A, such as solid, semi-solid, liquid or contained
gaseous waste, or any combination of wastes which pose a threat to human health
or the environment in or within 200 feet of the water or ice of Lake Waukewan
or adjacent wetlands. State of New Hampshire hazardous waste laws shall be
strictly enforced;
(6) A person
shall not place any solid waste, as defined in RSA 149-M, in, upon, or within
200 feet of the water or ice of Lake Waukewan or any adjacent
wetlands;
(7) A person shall not
place any chemical waste, such as, but not limited to gasoline, paint,
fertilizer or similar waste in, upon, or within 200 feet of the water or ice of
Lake Waukewan or adjacent wetlands;
(8) A person shall conduct all pesticide
applications, as defined in RSA 430, made on land areas which contribute
surface water runoff either directly to Lake Waukewan or indirectly by running
into adjacent wetlands, in strict accordance with the rules of the New
Hampshire pesticide control board;
(9) A person shall not apply fertilizer,
manure, or compost on land areas which contribute surface water runoff either
directly or ultimately to Lake Waukewan or adjacent wetlands, other than in
strict conformance with Manual of Best Management Practices for Agriculture in
New Hampshire, reprinted May 2001, or any subsequent best management practices
identified and published by the commissioner of agriculture, markets, and food
pursuant to RSA
431:34;
(10) A person shall perform all forestry or
timber harvesting activities conducted within the Lake Waukewan watershed in
strict compliance with state of New Hampshire rules adopted under RSA
227-J;
(11) A person shall not
wade, swim, water ski or perform any similar water contact activities, within
400 feet of the intake of the Meredith water department;
(12) A person shall not discharge from a
vessel, cruiser, boat, houseboat, wharf or a structure of any kind, whether on
or in the water or on the ice, or any tank or receptacle thereon or therein
contained, any excrement, urine or any waste, nor shall any such waste be left
in, on, or within 200 feet of the waters or ice of Lake Waukewan or adjacent
wetlands. All boats or structures of any kind used on the water or on the ice
that are equipped with toilet, lavatory or other waste fixtures shall be
provided with water-tight tanks for the temporary storage of such wastes. The
aforementioned tanks shall be maintained as required by RSA 487 and the
contents thereof shall be disposed of into a municipal sewerage system or any
approved sewage disposal system on shore;
(13) A person shall not moor, anchor or
otherwise secure any occupied vessel, cruiser, boat or houseboat of any kind on
or to the water or ice, or tied to the shore of Lake Waukewan or adjacent
wetlands for an overnight period or any part of an overnight period;
(14) A person, firm or corporation shall not
cut and take ice from Lake Waukewan or adjacent wetlands except by permission
of, and under the direction of the appropriate board of selectmen as prescribed
in RSA
485:54;
(15) A person shall operate off-highway
recreational vehicles on the water or ice of Lake Waukewan or adjacent wetlands
or upon any land of the Towns within the watershed in strict compliance with
the laws of the state of New Hampshire, as defined in RSA 215-A. The use of any
land belonging to any of the towns within the watershed or any frozen or
non-frozen surface of Lake Waukewan or adjacent wetlands by the owner or
operator of any OHRV shall be done at their own risk;
(16) A person shall not use highway motor
vehicles on the waters or ice of Lake Waukewan or adjacent wetland except by
written permission by the board of selectmen of the town where each entrance or
exit is to be made;
(17) Nothing in
these rules shall be construed to prevent access to Lake Waukewan for fishing
purposes, so long as the intent of the rules is observed;
(18) A person shall not place any garbage,
refuse or trash of any kind brought from home, camp or place of business in or
near public waste containers. Refuse resulting from picnicking on or adjacent
to the Lake Waukewan or adjacent wetlands shall be deposited in approved
containers;
(19) A person shall not
break bottles or deposit refuse or wastes of any description into Lake Waukewan
or adjacent wetlands;
(20) A person
shall only kindle charcoal fires or portable propane grills or maintained such
within 75 feet of the Lake or adjacent wetlands;
(21) A person shall keep dogs and other pets
on a leash while adjacent to the shoreline, shall not leave pets unattended,
and shall not permit pets in the water within the area described in (b),
above;
(22) A person shall not ride
horse-back along the shoreline within the area described in (b), above;
and
(23) A person shall not tent,
camp or use of recreational vehicles overnight, or use trailers and campers
within 125 feet of Lake Waukewan or adjacent wetland.
(i) The town of Meredith shall post a summary
of the prohibitions contained in (h) above at all public access locations where
persons might reasonably be expected to access Lake Waukewan or its
tributaries. This posted summary may also contain any prohibitions enacted by
local ordinance. A complete set of these rules shall be available and on file
at the Center Harbor, Meredith and New Hampton town clerk's offices.
#6521, eff 6-4-97 (See Revision Note at chapter heading
for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by
#8500, eff 11-30-05