Section Env-Wr 303.09 - Emergency Breach(a) An owner may purposefully breach a dam without prior approval from the department only when a threat to public safety or public health exists or significant damage to public or private property is imminent.(b) The owner shall notify the department and the local police and fire departments prior to performing an emergency breach, if possible.(c) If it is not possible to notify the department and local police and fire departments prior to performing an emergency breach, the owner shall make such notification as soon as reasonably possible, but never more than one hour after the initiation of the emergency breach.(d) Within 30 days of performing an emergency breach, the owner shall submit an application to the department:(1) To reconstruct the dam in accordance with Env-Wr 400, indicating whether the owner plans to further modify or rebuild the dam; or(2) To remove the dam in accordance with Env-Wr 600.N.H. Code Admin. R. Env-Wr 303.09
#8414, eff 8-20-05; ss by #10510, eff 1-22-14