Section 270:71 Rulemaking. - New Hampshire Statutes

   I. The director of the division shall adopt rules under RSA 541-A relative to:
      (a) The content and design of all forms and permits necessary under this subdivision.
      (b) The method of filing applications for mooring permits and standards to be met pursuant to RSA 270:64.
      (c) Procedures for the issuance, renewal, and replacement of decals.
      (d) The proper placement of decals on a mooring buoy.
      (e) The use, design, weight or size, construction, lighting, placement (including safe spacing), and required maintenance of individual moorings.
      (f) Procedures and criteria for identifying the location and size of public and congregate mooring fields.
      (g) The use, operation, design, maintenance, and lighting of mooring areas, taking into account variations in factors including but not limited to water depth, shoreline configuration, wind exposure, domestic water use in the area, other environmental conditions and effects, and other similar factors. These rules shall include the placement of individual moorings within areas, the configuration and design of grid positions, and minimum distances between individual moorings.
      (h) Procedures for designating mooring areas.
      (i) Criteria to determine when an applicant:
         (1) has a need for a mooring; and
         (2) has legal access over land; and
         (3) does not intend to sell or lease moorings, except as provided in RSA 270:67, II.
      (j) The enforcement of this subdivision, including methods and time of inspections of moorings.
      (k) Classifying permits according to length and weight of the boat.
   II. The office of energy and planning and the department of environmental services shall review these rules and make recommendations to the division.
   III. The director shall initiate the rulemaking process required by this subdivision by December 1, 1987.

Source. 1987, 324:1. 1989, 284:7, eff. May 29, 1989. 1996, 228:47, eff. July 1, 1996; 296:38, eff. Aug. 9, 1996. 2003, 319:9, eff. July 1, 2003. 2004, 257:44, eff. July 1, 2004.