New Hampshire Revised Statutes 482:9 – Preliminary Filing of Information
Current as of: 2023 | Check for updates
|
Other versions
I. No person shall begin the construction or reconstruction of any dam until:
(a) The person has filed with the department a statement of the height of the proposed dam and the location at which it is to be erected and any other information the department may require.
(b) A permit has been issued by the department.
II. The filing of the statement required by paragraph I or an application required by N.H. Rev. Stat. § 482:5 shall be accompanied by a fee for each statement or application filed. The fee shall be deposited in the dam maintenance fund established in N.H. Rev. Stat. § 482:55 to be used for the permitting of dams. The fee shall be as follows:
(a) Non-hazard potential dam $2,000
(b) Low hazard potential dam $3,000
(c) Significant hazard potential dam $4,000
(d) High hazard potential dam $4,000
III. After receipt of the statement required under paragraph I of this section if the department shall be of the opinion that the proposed dam, if improperly constructed or reconstructed, would be a menace to the public safety, it shall notify the owner or applicant, and the construction or reconstruction of the dam shall not begin until plans and specifications shall have been filed and a permit for construction issued by the department.
IV. [Repealed.]
V. The department shall not permit the construction or reconstruction of any significant hazard potential or high hazard potential dam unless:
(a) The dam provides a public benefit of water supply, flood control, storage or treatment of industrial, agricultural, commercial, or municipal wastes, hydropower, public recreation, or preservation of historic or cultural resources; or
(b) The reconstruction is ordered by the department to correct a deficiency identified by the department.
(a) The person has filed with the department a statement of the height of the proposed dam and the location at which it is to be erected and any other information the department may require.
Terms Used In New Hampshire Revised Statutes 482:9
- 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
- Person: means any individual, partnership, association, corporation, company, organization or legal entity of any kind. 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
(b) A permit has been issued by the department.
II. The filing of the statement required by paragraph I or an application required by N.H. Rev. Stat. § 482:5 shall be accompanied by a fee for each statement or application filed. The fee shall be deposited in the dam maintenance fund established in N.H. Rev. Stat. § 482:55 to be used for the permitting of dams. The fee shall be as follows:
(a) Non-hazard potential dam $2,000
(b) Low hazard potential dam $3,000
(c) Significant hazard potential dam $4,000
(d) High hazard potential dam $4,000
III. After receipt of the statement required under paragraph I of this section if the department shall be of the opinion that the proposed dam, if improperly constructed or reconstructed, would be a menace to the public safety, it shall notify the owner or applicant, and the construction or reconstruction of the dam shall not begin until plans and specifications shall have been filed and a permit for construction issued by the department.
IV. [Repealed.]
V. The department shall not permit the construction or reconstruction of any significant hazard potential or high hazard potential dam unless:
(a) The dam provides a public benefit of water supply, flood control, storage or treatment of industrial, agricultural, commercial, or municipal wastes, hydropower, public recreation, or preservation of historic or cultural resources; or
(b) The reconstruction is ordered by the department to correct a deficiency identified by the department.