New Hampshire Revised Statutes 482:61 – Department Action
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Terms Used In New Hampshire Revised Statutes 482:61
- 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
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
The department, upon its own motion or upon the filing of a petition pursuant to N.H. Rev. Stat. § 482:60, shall notify the owner of such dam of the filing of said petition and set a time and place for a hearing to determine whether such dam is in disrepair. Said notice shall be given at least 21 days before said hearing and may be given in hand to the owner or sent to him by registered mail, or, at the option of the department, said notice may be given by publication once each week for 3 successive weeks in some newspaper of general circulation in the county in which the dam or any part thereof is located. If notice is given by publication, the first publication shall appear at least 21 days prior to the date of the hearing. The department shall file a copy of such notice in the registry of deeds in each county in which the dam is located.