N.H. Code Admin. R. Env-Wt 513.23

Current through Register No. 25, June 20, 2024

Section Env-Wt 513.23 - Modification of Existing Docking Structures

(a) The department shall not approve any change in size, location, or configuration of an existing legal docking structure unless the applicant demonstrates, and the department finds, that the modification:

(1) Is less environmentally-impacting than the existing docking structure; or

(2) Provides for fewer boat slips and less deck area over public submerged lands than the existing docking structure.

(b) The addition of a permanent accessory docking structure to an existing legal docking structure shall constitute a modification of the existing docking structure.

(c) Modification of a grandfathered docking structure that results in the same kind of structure in the same or a more conforming location, having the same or smaller surface area, and the same number or fewer boat slips, such that in all material aspects the new structure is no more impacting to the environment or abutting properties than the original structure, shall not remove the structure's grandfathered status.

N.H. Code Admin. R. Env-Wt 513.23

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).

Ss by #13124, eff 10-23-20

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