Section Env-Dw 902.32 - Protection of the Berry's River and Its Watershed(a) The purpose of this section is to protect the purity of the water of Berry's River and its watershed, which are a principal drinking water supply for the City of Rochester.(b) This section shall apply within the Berry's River watershed above the diversion dam that is located at approximate latitude 43º 17' 16", longitude 71º 03' 44", in the:(3) Town of Strafford; and(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Barrington, Farmington, and Strafford and the city of Rochester and their duly authorized agents, and the board of water commissioners of the city of Rochester and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of said river.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Berry's River watershed described in (b) above, shall be as follows: (1) A person shall not build, continue, or maintain any building or structure of any kind in which animals or fowls are kept within 75 feet of Berry's River upstream of the water works intake structure or within 75 feet of any inlet thereof or tributary thereto;(2) A person shall not run any wastes or waters that have been used for washing or cleansing materials, person or food, into said river or any inlet thereof or tributary thereto;(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said river or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground within 75 feet of said river or any inlet thereof or tributary thereto;(4) A person shall not throw any sawdust or allow any sawdust to fall into said river or into any inlet thereof or tributary thereto;(5) A person shall not boat, bathe, swim, fish, or carry on any other activity of a recreational nature in or on the waters of Berry's River and its tributaries above the intake structure for the Rochester Water Works;(6) A person shall not throw or deposit or allow to remain upon the ice of the waters of said river, or upon that of any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above; and(7) A person shall not use a seaplane on said river.(h) The city of Rochester shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Berry's River or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Dw 902.32
(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14
Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13286, Effective 10/26/2021, Expires 10/26/2031