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 409 - MOTOR BOAT USE HEARINGS
Section Saf-C 409.04 - Criteria for Review

Universal Citation: NH Admin Rules Saf-C 409.04

Current through Register No. 40, October 3, 2024

(a) The commissioner shall, after the hearing, adopt rules of the type authorized by RSA 270:12 if it appears that, consistent with RSA 270:1, II, the rule shall provide for the safe and mutual enjoyment of a variety of uses, taking into consideration the factors in (b) below.

(b) In determining whether to adopt such rules the commissioner shall consider the following:

(1) The size of the body of water or portion thereof for which action is being considered;

(2) The effect that adopting or not adopting the rule(s) would have upon:
a. Public safety;

b. The maintenance of residential, recreational and scenic values;

c. The variety of uses of the body of water or portion thereof;

d. The environment and water quality; and

e. Threatened and endangered species;

(3) The number of people affected, either directly or indirectly, by adopting or not adopting the rule(s); and

(4) The availability and practicality of enforcement of the rule(s).

#4214, eff 1-22-87, ss by #4562, eff 1-3-89; ss by #5936, INTERIM, eff 1-3-95, EXPIRES, 5-3-95; ss by #6005, eff 3-24-95, EXPIRED: 3-24-03

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

New. #8107, EMERGENCY, eff 6-22-04, EXPIRES: 12-19-04; ss by #8172, eff 9-21-04; ss by #10293, eff 3-20-13

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