Section Env-Wt 512.02 - Approval Criteria for Breakwaters(a) In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve a project to construct a breakwater unless the applicant establishes that: (1) The structure is proposed to be located in Lake Winnipesaukee;(2) The proposed site for the structure meets one of the criteria specified in (b), below; (3) The structure is located in an area that: a. Does not have accumulations of sand, such as deltas or sand bars; andb. Is not between 2 or more areas where sand migrates from one area to another;(4) The property associated with the structure has 100 feet or more of shoreline frontage;(5) The design of the structure meets all design criteria specified in Env-Wt 512.04;(6) The application for the structure contains the additional information specified in Env-Wt 512.03; and (7) The structure will be constructed as specified in Env-Wt 512.05.(b) To qualify for a breakwater, the applicant shall demonstrate, as specified in (c) or (d), below, as applicable, that the site for the proposed structure is exposed to: (1) A single radial fetch of at least 4 miles between compass headings 300 and 330 degrees as measured from true north; or(2) Waves that are at least 2 feet high, measured from trough to crest, in water at least 3 feet deep, on at least 4 separate occasions, lasting at least 4 hours each, between May 15 and October 15 of the same year.(c) To demonstrate that the site meets the criterion specified in (b)(1), above, the applicant shall provide a copy of the map of Lake Winnipesaukee found in Appendix D, which shows areas that meet the location requirements, with the location of the proposed structure marked clearly. In lieu of a copy of the map in Appendix D, the applicant may provide a portion of a larger copy of the map obtained from the department or the department's website.(d) To demonstrate that the site meets the criterion specified in (b)(2), above, the applicant shall provide either:(1) Dated photographs or video recording and a summary of the wave heights measured, the dates measured, and the frequency of measurement during each 4-hour period, which frequency shall be sufficient to show, in conjunction with the photographs, that the wave activity is essentially continuous throughout each 4-hour period; or(2) Written site measurements and photographs completed during the relevant period and supported by a scientifically-accepted wave propagation model using regional wind data.N.H. Code Admin. R. Env-Wt 512.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029.