I. It shall be the duty of the department from time to time to cause all dams in the state which, by reason of their condition, height or location, may be a menace to the public safety to be inspected by competent engineers. A dam that is classified as a non-menace structure as of February 20, 1981 shall retain such status until the department determines conditions downstream have changed since the dam was classified that warrant reclassification or until such reconstruction of the dam is needed requiring a permit to reconstruct the dam.
II. If the inspection indicates that maintenance or repair are required to comply with N.H. Rev. Stat. § 482:11-a or the public safety requires the repair or reconstruction of any dam or the development of an emergency action plan, the department shall order the owner of the dam to undertake the requisite maintenance, repairs, or reconstruction and to develop the emergency action plan within a period to be fixed by the order.

Terms Used In New Hampshire Revised Statutes 482:12

  • Dam: means any artificial barrier, including appurtenant works, which impounds or diverts water and which has a height of 6 feet or more, or is located at the outlet of a great pond. See New Hampshire Revised Statutes 482:2
  • Department: means the department of environmental services. See New Hampshire Revised Statutes 482:2
  • Emergency action plan: means a written document delineating a prescribed sequence of actions to be taken by a dam owner to inform the authorities and others downstream of an impending or actual sudden release of water caused by an accident to, or failure of, the dam. See New Hampshire Revised Statutes 482:2
  • Reconstruction: means :
    (a) A change in the height, length, or discharge capacity of the structure;
    (b) Restoring a breached dam or one in ruins;
    (c) Modification of flashboards which either increases their height or increases the headwater elevation at which the flashboards will fail; or
    (d) A change in the structural configuration of a dam. See New Hampshire Revised Statutes 482:2
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4