New Hampshire Code of Administrative Rules
Pda - Pease Development Authority
Chapter Pda 500 - MOORINGS AND ANCHORAGES
Part Pda 506 - MOORING PERMIT APPLICATIONS; PROCESSING OF INITIAL APPLICATIONS AND APPLICATIONS FOR EXISTING MOORINGS
Section Pda 506.09 - Commercial Mooring For Hire Mooring Permit; Application Requirements; Processing

Universal Citation: NH Admin Rules Pda 506.09

Current through Register No. 12, March 21, 2024

(a) An applicant for a commercial mooring for hire mooring permit shall obtain a commercial mooring for hire mooring permit application form:

(1) In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or

(2) By sending a request in writing, including a self-addressed, stamped envelope to the division office at the following address:

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH 03801

(b) The applicant shall provide the information and certification required on the commercial mooring for hire mooring permit application form, as provided in Pda 511.04(b) and (d) and, if a shorefront property owner reapplicant, as provided in Pda 511.04(e). If the applicant is a marina or condominium unit owners' association, the application may be for a collective mooring area with one or more proposed mooring locations or for an individual mooring not contained in a plan for a collective mooring area. If the applicant is a shorefront property owner, the application shall only be for one individual mooring within the shorefront property owner's shorefront property mooring area.

(1) Documentation relating to the entity as required under Pda 511.04(c)(1)-(6), as applicable; and

(2) The mooring permit fee, provided that fees paid in the form of a check or a money order shall be made payable to "Pease Development Authority, Division of Ports and Harbors" or "PDA-DPH."

(d) If a marina, the applicant shall attach to the application:

(1) Documentation that demonstrates that the applicant meets the definition of a marina, such as, but not limited to, the following:

a. A business brochure or a photograph of signage relating to the marina;

b. A photocopy of receipt(s) for business advertisement(s) commissioned within the most recent 12 months prior to this application; or

c. Evidence of membership in a business or marine-related trade association, including, but not limited to:

1. A current membership card; or

2. A letter from an officer of the association attesting to the current membership of the applicant in the association; and

(2) An explanation of how the commercial mooring(s) for hire is used to further the purposes of the business.

(e) The applicant, or its duly authorized officer or member, shall:

(1) Sign and certify the mooring application form; and

(2) Return the application form with the attachments specified in (c) and (d) above, as applicable.

(f) Upon receipt of an application for a commercial mooring for hire by the division, the chief harbor master or designee shall verify that:

(1) The applicant has provided all applicable information and documentation required on the application;

(2) Information pre-entered on the application by the division has not been altered in violation of Pda 506.05, if the application is an application submitted by a current mooring permit holder;

(3) If the application is for a single commercial mooring for hire, that there is a mooring location within the mooring field, mooring subfield, or nearshore area or at the location for which application is made, sufficient to accommodate the maximum LOA as specified in the application;

(4) If the application is for a collective mooring area, that there is one or more mooring locations within the mooring field, mooring subfield, or nearshore area for which application is made, sufficient to accommodate the maximum LOA(s) as specified in the application;

(5) The mooring permit fee is paid, provided that fees paid by check or money order shall be made payable to "Pease Development Authority, Division of Ports and Harbors" or "PDA-DPH" and is attached to the application;

(6) The applicant, if a marina, has provided proof of bona fide commercial activity under (d) above;

(7) There is no reason to deny the application under Pda 507.02; and

(8) The applicant has signed and certified the application.

(g) Upon verification of the information in (f) above, the chief harbor master or designee shall forward the application to the division director.

(h) The division director shall review the application and prepare a report that includes a summary of the application and a recommendation for approval or denial. If the application is for a collective mooring area, the director shall review and make a recommendation for each mooring location proposed on the plan. The director's report shall be forwarded to the authority for approval or denial of the application. The authority shall approve or deny the application in accordance with the criteria in Pda 507.02.

(i) If the applicant is granted a mooring permit under Pda 507, and meets the requirements of (f) above, the chief harbor master or designee shall, for each individual mooring and for each mooring in a collective mooring area:

(1) Record the permit number on the permit;

(2) Assign the mooring location;

(3) Sign and date the permit; and

(4) Mail a photocopy of the permit to the applicant at the address specified by the applicant on the mooring permit application, or, if none is specified, to the applicant's permanent address.

#7940, eff 8-23-03; amd by #8184, eff 10-1-04; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500)

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