N.H. Code Admin. R. Env-Wt 513.04

Current through Register No. 25, June 20, 2024

Section Env-Wt 513.04 - Approval Criteria for Permanent Docking Structures

(a) In addition to meeting the conditions established in Env-Wt 300, the department shall not approve an application for construction of any permanent docking structure or accessory docking structure, unless the applicant establishes that:

(1) The proposed permanent structure will be located on a surface water body of over 1,000 acres; and

(2) The proposed site for the structure is exposed to a design fetch of at least 1 mile between compass headings 245 to 340 degrees, or a design fetch of at least 2 miles between compass headings 341 to 0 or 0 to 244 degrees, as measured from true north.

(b) When the applicant does not meet the requirements of (a)(2), above, the department shall approve permanent docking or accessory docking structures, provided the applicant documents the occurrence of waves of at least one foot in height measured from trough to crest in water at least 3 feet deep, at the location of the proposed structure on at least 4 separate occasions, lasting 4 hours each, between the dates of May 15 and October 15.

(c) To qualify under (b), above, the applicant shall provide the following:

(1) Dated photographs and a summary of the wave heights measured, the dates measured, and the frequency of measurement during the 4-hour periods; or

(2) Written site measurements completed during the relevant period and verified as accurate by the department.

(d) The frequency of wave height measurements shall be high enough to show, in conjunction with the pictures, that the wave activity is essentially continuous throughout the 4-hour periods.

(e) A permanent docking or accessory docking structure shall be approved regardless of the design fetch when at least one of the following criteria is met:

(1) The structure will be located on an island accessible only by watercraft;

(2) The structure will be subjected to unusually heavy loading where a permanent structure is needed for safety, such as a structure at a commercial facility that is used to convey heavy equipment or freight; or

(3) The structure will provide a significant public benefit, such as a docking facility that is open to the general public for transient use.

N.H. Code Admin. R. Env-Wt 513.04

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 500).

Amd by #12954, eff 12-24-19

Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13124 Effective 10/23/2020, Expires 10/23/2030.

Amended by Number 45, Filed November 9, 2023, Proposed by #13776, Effective 10/13/2023, Expires 10/13/2033.