Current through Register No. 13, March 27, 2025
(a) The purpose of this section is to protect
the purity of the water of Gilman Pond, which is the principal drinking water
supply for the town of Newport.
(b)
This section shall apply within the Gilman Pond watershed above the dam which
is located at approximate latitude 43°17'39", longitude 72°12'03", in
the town of Unity.
(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 Unity and Newport and their duly authorized agents, and
the board of water commissioners of the town of Newport 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 board of water commissioners engaged in the performance of
necessary duties for the protection and control of said pond.
(g) In addition to any prohibitions adopted
by local ordinance, the prohibitions and restrictions that apply in the Gilman
Pond watershed described in (b), above, shall be as follows:
(1) A person shall not build or maintain any
privy, pig pen, stable or other building or structure in which horses, cattle,
swine or other animals or fowl are kept, within 200 feet of the high water mark
of Gilman Pond or within 200 feet of any inlet thereto;
(2) A person shall not allow any sink water,
urine or water that has been used for washing or cleansing materials, persons
or food, to run into Gilman Pond, or into any inlet thereof, or into any
excavation or cesspool in the ground or on the surface of any ground within 200
feet of the high water mark of Gilman Pond or of any inlet;
(3) A person shall not throw or deposit any
dead animal, fish or parts thereof, or food or any article perishable or
decayable, or any dung, either human or animal, kitchen waste, swill or garbage
into Gilman Pond, or leave or permit any such wastes to remain within 200 feet
of the high water mark thereof, or into any inlet of Gilman Pond or within 200
feet of such inlet;
(4) A person
shall not throw, deposit or allow to remain upon the ice of the waters of
Gilman Pond, or upon that of any inlet thereof, any matter, waste or materials
such as described in (2) or (3) above;
(5) A person shall not drive, ride or race
any cattle, horses, or other animal used either for teaming, riding or
speeding, upon the ice of Gilman Pond;
(6) A person shall not build or maintain any
privy, toilet, sink drain or subsurface septic disposal system or discharges
therefrom, within 200 feet of Gilman Pond. Existing properly functioning septic
systems within 200 feet of the shoreline may, at the owners' discretion, remain
in place. If failure occurs, the repair or replacement shall be carried out in
accordance with Env-Ws 1000 with adherence to the 200 foot setback;
(7) A person shall not place or leave any
hazardous waste as defined in RSA 147-A or Env-Wm 100 through Env-Wm 1000, or
any combination of wastes which pose a threat to human health or the
environment, in, on or near the waters or ice of Gilman Pond or any stream
tributary thereto;
(8) A person
shall not place or leave any solid waste, as defined in RSA 149-M, including
but not limited to refuse, appliances, auto parts, tires, and tree stumps, in,
on or near the water or ice of Gilman Pond or any stream tributary
thereto;
(9) A person shall not
place any chemical waste such as gasoline, paint, fertilizers or similar waste,
into, on or upon the water or ice, or within 200 feet of Gilman Pond or any
stream tributary thereto;
(10) A
person shall conduct all pesticide applications, as defined in RSA 430 made on
that land area which contributes surface water runoff either directly into
Gilman Pond or indirectly by running into any stream tributary thereof, in
strict accordance with the rules of the New Hampshire pesticide control
board;
(11) A person shall perform
all forestry or timber harvesting activities conducted in the Gilman Pond
watershed, in strict accordance with state of New Hampshire laws including RSA
227-J, and in consultation with the town of Newport;
(12) A person shall not bathe, wade, swim,
water-ski, or perform any similar water contact activity in Gilman Pond or any
stream tributary thereto;
(13) A
person shall not discharge off or from a vessel, cruiser, boat, houseboat,
wharf or from a structure of any kind whether on the water or on the ice, or
from any tank or receptacle thereon or therein contained, any excrement or
urine, nor shall a person leave any such waste in, on or near the waters or ice
of Gilman Pond or stream tributary thereto;
(14) A person shall not tie, beach or ground
any occupied vessel, cruiser, boat, houseboat or structure of any kind to the
water, ice, or shore of Gilman Pond or any stream tributary thereto for an
overnight period;
(15) A person,
firm or corporation shall not cut or take ice from Gilman Pond or any stream
tributary thereto;
(16) A person
shall not use or operate any off-highway recreational vehicle (OHRV), as
defined in RSA 215-A, on the water or ice of Gilman Pond or any stream thereto,
or any land around Gilman Pond without the express written permission of the
board of selectmen of the town where entrance or exit is to be made;
(17) A person shall not use any aircraft on
the waters or ice of Gilman Pond or any stream tributary thereto; and
(18) A person shall not boat or fish in
Gilman Pond or any stream tributary thereto.
(h) The town of Newport shall post a summary
of the prohibitions contained in (g) above at all public access locations where
persons might reasonably be expected to access Gilman Pond or its tributaries.
This posted summary may also contain any prohibitions enacted by local
ordinance.
#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
