New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 500 - PROJECT-SPECIFIC REQUIREMENTS
Part Env-Wt 513 - DOCKING STRUCTURES AND ACCESSORY DOCKING STRUCTURES
Section Env-Wt 513.07 - Municipal Review of Public or Commercial Docking Structures or Marinas

Universal Citation: NH Admin Rules Env-Wt 513.07

Current through Register No. 13, March 27, 2025

(a) The applicant for a permit to construct a new public or commercial docking structure or marina or to expand an existing legal public or commercial docking structure or marina shall:

(1) Certify that the proposed new or expanded structure, as applicable, complies with all applicable local requirements; and

(2) Provide documentation to support the certification.

(b) Subject to (c) and (d), below, the documentation required by (a)(2), above, shall be:

(1) A copy of the local permit or approval; or

(2) A letter from the applicable local land use board or local governing body indicating that a permit or approval is not required under local regulations.

(c) If local approval is required but has not been issued at the time the application is filed with the department, the applicant shall certify that the local application has been filed but a decision has not yet been issued.

(d) Local regulations shall not restrict the sole and exclusive authority of the state to authorize construction over, or dredge and fill in, great ponds or public-owned water bodies. If a municipality denies the local application or does not act on the application in a timely manner, the applicant may request a waiver of the requirement of (a), above, in accordance with Env-Wt 204.

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