N.H. Code Admin. R. Env-Ws 386.37

Current through Register No. 25, June 20, 2024
Section Env-Ws 386.37 - Protection of the Purity of Lake Winnipesaukee and Paugus Bay
(a) The purpose of this section is to protect the purity of the water of Lake Winnipesaukee and Paugus Bay which is the principal drinking water supply for the city of Laconia.
(b) This section shall apply as specified in (g) and (h), below.
(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 the provisions of RSA 485:24, the health officer, the board of health, and the board of water commissioners of the city of Laconia and their duly authorized agents 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 more stringent provision shall apply.
(f) Any deviations from this section shall be by written consent of the department, in accordance with Env-Ws 386.04. 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 lake or bay.
(g) A person shall not discharge any sewage, industrial waste or other wastes, as defined in RSA 485-A into the waters, upon the ice, or upon the shores of Lake Winnipesaukee and Paugus Bay except by written permission of the department pursuant to RSA 485-A and then only in accordance with such terms and conditions as may be prescribed by the department.
(h) The prohibitions specified in (i) below shall apply within the area of Paugus Bay starting at a point on the eastern shore of Paugus Bay, where the northern point of the property identified on tax map 349, street/block 220, lot 1 abuts the southerly end of the property identified on tax map 346, street/block 220, lot 1, specifically where the granite post resides in Paugus Bay; thence running in a westerly direction toward a bound on the westerly side of Paugus Bay at a point where the State of New Hampshire railroad bridge meets the shore identified on tax map 345, street/block 195, lot 39; thence running northerly along the shore to a point on the westerly side of Paugus Bay known as Cass' Point, identified on tax map 328, street/block 6, lot 22, specifically, where the 4-foot x 8-foot sign, installed by the Laconia water works, reads: "RESTRICTED AREA - WATER SUPPLY", thence running in an easterly direction in an imaginary line across Paugus Bay to a point where the southerly end of the property identified on tax map 324, street/block 220, lot 3 abuts the northern point of the property identified on tax map 324, street/block 220, lot 2, marked by a rebar in the water; then running in a southerly direction along the shore of Paugus Bay to the point of beginning.
(i) A person shall not:
(1) Wash boats, bathe, swim, water ski, or have any body contact within the area described in (h) above;
(2) Construct any docking facilities for boats or buildings along the shore in the area described in (h) above, except with a specific permit of the Laconia water works and appropriate state agencies; or
(3) Fish from a bob house located upon the ice of Paugus Bay within said area.
(j) The area described in (h) above shall be used for navigational purposes only.
(k) The city of Laconia shall post a summary of the prohibitions contained in (g), (i), and (j) above at all locations where persons might reasonably be expected to access Paugus Bay or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

N.H. Code Admin. R. Env-Ws 386.37

#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss by #8500, eff 11-30-05