New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 400 - WATERCRAFT SAFETY RULES
Part Saf-C 408 - MOORINGS
Section Saf-C 408.16 - Notice and Hearing

Universal Citation: NH Admin Rules Saf-C 408.16

Current through Register No. 40, October 3, 2024

(a) Pursuant to RSA 270:67, after the division has located a site that might be suitable for a mooring area or mooring field, the division shall notify the adjacent municipality or municipalities of the proposed site and request a response from the municipality or municipalities concerning whether the proposed mooring area or mooring field presents any potential conflict regarding use of the land adjacent to the location of the proposed mooring field or mooring area.

(b) The municipality's response requested in (a) above, may be based upon the following considerations:

(1) Master plans;

(2) Zoning ordinances;

(3) Capital improvement programs; and

(4) Wetlands conservation district ordinances.

(c) Upon receipt of the municipality's response requested in (a) above, the division shall schedule a public hearing regarding the site proposal.

(d) Notice of any public hearing shall be provided to the town or city clerk of each municipality determined by the division to be affected by the proposed mooring field, at least 10 days prior to the hearing. The town or city clerk shall be requested to publicly post such notice.

(e) The citizens of the municipality or municipalities in which a mooring area or mooring field might be located shall have 10 days from the date of the hearing to send comments to the division. Any comments that are received shall be considered before a final decision is made.

(f) The division shall provide notice of any public hearing to all abutters listed on the mooring field application. In addition, all abutters shall receive copies of the department's recommendations and the date and time when the mooring field proposal shall be considered by governor and council. All notices shall be provided to abutters 10 days prior to the public hearing or governor and council meeting.

(g) If there is a determination that a field investigation is necessary to clarify an application for a mooring field permit, the director or his designee shall visit an applicant's property.

#4384, eff 3-10-88, ss by #4562, eff 1-3-89; amd by #5862, eff 7-1-94; amd by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95 (formerly Saf-C 408.14); ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

New. #7904, INTERIM, eff 6-24-03, EXPIRED: 12-21-03

New. #8172, eff 9-21-04 (from Saf-C 408.13); ss by #10293, eff 3-20-13

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