Section Env-Wr 602.01 - Qualifying Removals(a) In order to qualify as a dam removal under this chapter, the structure shall be removed: (1) To at least the depth of the natural streambed elevation; and(2) Subject to (b) and (c), below, to the width of the free-flowing ordinary high water mark of the river or stream in the area of the footprint of the dam from bank to bank.(b) The person seeking to remove a dam pursuant to this chapter may request the department to approve a narrower opening by submitting the request in writing with the following:(1) The width of the free-flowing ordinary high water mark of the river or stream in the area of the footprint of the dam from bank to bank, in feet;(2) The width of the proposed opening, in feet, at:a. The natural streambed elevation;b. The ordinary high water mark; andc. The widest point of the opening, if other than the natural streambed elevation or ordinary high water mark;(3) The shape of the proposed opening; and(4) An explanation of how the narrower opening will meet the criteria specified in (c), below.(c) The department shall approve the request for a narrower opening if the department determines that: (1) The structure will no longer be considered a dam as defined in RSA 482:2, II;(2) The remains of the dam between the ordinary high water marks on both sides of the river will not create a safety hazard to the public when using the river;(3) The natural flow of sediment and nutrients will not be impeded; and(4) The passage of fish and other aquatic species will not be impeded.N.H. Code Admin. R. Env-Wr 602.01
#1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14