Section Env-Wt 513.07 - Municipal Review of Public or Commercial Docking Structures or Marinas(a) The applicant for a permit to construct a new public or commercial docking structure or marina or to expand an existing legal public or commercial docking structure or marina shall:(1) Certify that the proposed new or expanded structure, as applicable, complies with all applicable local requirements; and(2) Provide documentation to support the certification.(b) Subject to (c) and (d), below, the documentation required by (a)(2), above, shall be: (1) A copy of the local permit or approval; or(2) A letter from the applicable local land use board or local governing body indicating that a permit or approval is not required under local regulations.(c) If local approval is required but has not been issued at the time the application is filed with the department, the applicant shall certify that the local application has been filed but a decision has not yet been issued.(d) Local regulations shall not restrict the sole and exclusive authority of the state to authorize construction over, or dredge and fill in, great ponds or public-owned water bodies. If a municipality denies the local application or does not act on the application in a timely manner, the applicant may request a waiver of the requirement of (a), above, in accordance with Env-Wt 204.N.H. Code Admin. R. Env-Wt 513.07
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029.Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13124 Effective 10/23/2020, Expires 10/23/2030.