Section Env-Wt 606.03 - Design Requirements for All Overwater Structures(a) Overwater structures shall:(1) Meet the 20-foot property line setback specified in RSA 482-A:3II(a), XI; and(2) Not impede the passage of non-motorized watercraft or channel navigation to a degree that a reasonable person would find objectionable.(b) Commercial tidal docks and industrial tidal docks shall be designed by a professional engineer.(c) Any tidal dock infrastructure or specialized design features related to the unique function of a specific facility, such as structures on the docks that facilitate public use and control and management of the facility such as dock master huts, ticket facilities, ADA access, and information kiosks, shall: (1) Be substantiated by the applicant with a justification tied to the specific purpose of the project; and (2) Be certified by the applicant as meeting applicable local, industry, and legal standards.(d) All floats and floating structures, or sections thereof, shall:(1) Be positioned waterward of and to avoid all vegetated wetlands and vegetated shallows;(2) Not be placed in areas supporting submerged aquatic vegetation; and(3) Be located, to the extent practicable, in water that is sufficiently deep for the intended use while: a. Avoiding intertidal and shade impacts;b. Minimizing or eliminating the need for dredging; andc. Avoiding displacement of nesting or breeding habitat, eel grass beds, or essential fish habitat. (e) Non-toxic materials such as untreated wood, concrete, or steel shall be used if at all practicable, as such materials help reflect light under docks and typically do not release contaminants into the aquatic environment. A design that uses treated wood timbers or pilings, or both, shall be approved only if the applicant demonstrates that using non-toxic materials is not practicable.(f) To minimize under-structure shading, ambient light transmission under docking structures shall be facilitated and enhanced by using design features such as maximizing the height and minimizing the width of the structure, using grated decking material, using the fewest number of pilings necessary to support the structures, and aligning docking structure components in a north-south orientation to allow the path of the sun to cross perpendicular to the length of the structure and so reduce the duration of shading.(g) Open piles placed at least 12 feet apart shall be the least impacting alternative of permanent docking construction.(h) Supporting piles shall occupy 5% or less of the total volume under the docking structure at mean high water, to allow most wave and current energy to pass through so as to prevent deepening of the area.N.H. Code Admin. R. Env-Wt 606.03
#2923, eff 12-10-84, EXPIRED: 12-10-90
New.#5028, eff 12-20-90; EXPIRED: 12-20-96
New.#6429, INTERIM, eff 1-18-97, EXPIRES: 5-18-97; ss by #6498-B, eff 4-23-97, EXPIRED: 4-23-05
New.#8341, eff 4-25-05 (from Env-Wt 606.05 ) (See second Revision Note at chapter heading of Env-Wt 600)
Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029.