New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 600 - COASTAL LANDS AND TIDAL WATERS/WETLANDS
Part Env-Wt 606 - OVERWATER STRUCTURES IN COASTAL AREAS
Section Env-Wt 606.10 - Commercial Tidal Docks: Marinas

Universal Citation: NH Admin Rules Env-Wt 606.10

Current through Register No. 13, March 27, 2025

(a) To avoid damage to the environment due to leakage or spills of fuels, lubricants, waste products, or other pollutants, marinas shall be designed, constructed, and operated in compliance with all applicable provisions of:

(1) RSA 146-A and Env-Or 300 relative to aboveground petroleum storage facilities;

(2) RSA 146-C and Env-Or 400 relative to underground storage facilities;

(3) RSA 147-A and subtitle Env-Hw relative to hazardous waste management;

(4) RSA 483-B and Env-Wq 1400 relative to shoreland protection;

(5) RSA 485-A and Env-Wq 1700 relative to surface water quality; and

(6) RSA 485-A, RSA 485-C, and Env-Wq 401 relative to groundwater best management practices.

(b) To demonstrate compliance with (a), above, the applicant for marina construction or expansion may provide the department with evidence of compliance with the Marina BMPs, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/inline-documents/sonh/nhdes-wd-01-12.pdf.

(c) With any request for a new or expanded marina or any repairs that go beyond replacement in-kind, the applicant shall submit a master plan of operations that includes:

(1) Existing or proposed operational conditions, which describe how the facility currently meets the definition of marina, as well as a description of services or activities that exceed the definition, such as use of slips for aquaculture;

(2) A plan of all permanent and seasonal structures in plan view, including docking structures, boat ramps, boat haul out locations, and marine rails or other structures that are in the water or within the tidal buffer zone, or both;

(3) An operational plan for management of seasonal structures, including methods and timing of installation and removal and storage locations;

(4) A spill response action plan;

(5) A stormwater treatment plan; and

(6) A consideration of expansion statement that addresses whether the facility is at capacity or has the physical space to expand operations in the future.

(d) In addition to complying with the applicable design and dimension standards for residential tidal docks, marinas shall include the following, designed to comply with the requirements identified in (a), above:

(1) Designated wash areas with wash-water containment and treatment for all forms of vessel cleaning;

(2) Storm water runoff and treatment designs;

(3) The location of and a management plan for one or more pump-out facilities;

(4) The location of and a management plan for abrasive blasting, painting, and hull sanding; and

(5) The location of and a disposal method for oil and other waste products.

(e) The density of coverage over public trust lands by structures constructed within tidal resources shall be limited by the following factors:

(1) One or more structures on frontage, which shall meet the 20-foot property line setbacks;

(2) Resource limitations identified by the results of the CFA report;

(3) Water depths as documented in the CFA report and compliance with length and square footage requirements;

(4) Dock length limitations based on water depth information; and

(5) Dock width and square footage limitations as described for residential tidal docks.

(f) Finger floats shall be used instead of permanent structures where practicable.

(g) For a proposal to redevelop an existing or previous marina, all functions of the marina shall be retained, provided that if the business function is abandoned or otherwise lost, the property shall be subject to removal to a level compliant with the residential or commercial transient access standard.

#2923, eff 12-10-84, EXPIRED: 12-10-90

New.#5028, eff 12-20-90; rpld by #5740, eff 11-23-93

New.#8341, eff 4-25-05 (from Env-Wt 606.15) (See second Revision Note at chapter heading of Env-Wt 600)

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