Section Env-Wt 606.06 - Residential Tidal Docks: General Criteria(a) Residential tidal docks shall be: (1) For private recreational use associated with one or more private residences; and(2) Designed as specified in this part, which might not result in all-tide access.(b) Ramp and float portions of residential tidal docks shall be seasonal and removed from the water during the non-boating season.(c) To reduce the overall number of residential tidal docks and the adverse impacts to nearshore habitat resulting therefrom, preference shall be given to residential tidal docks designed to serve multiple properties.(d) To demonstrate that a proposed residential tidal dock is the least impacting alternative, the applicant shall show that the subject property is not already served by an existing residential tidal dock at the property.(e) The location, design, and method of construction for a proposed residential tidal dock shall:(1) Be based on the results of the CFA required by Env-Wt 603.04 so as to avoid negative impacts to valuable and sensitive coastal wetlands and resources identified in the CFA report, and to minimize any impacts that cannot be avoided;(2) Be the least environmentally-impacting practicable alternative;(3) Be certified by a professional engineer as having sufficient structural integrity, based on the results of the vulnerability assessment required by Env-Wt 603.05, to not break free as a result of tidal forces encountered during winter ice and significant storm surges up to and including one percent annual chance event; and(4) Not impede the passage of non-motorized watercraft to a degree that a reasonable person would find objectionable.(f) Pile-supported structures and floats shall not be located within 25 feet of currently-existing or previously-known vegetated shallows.(g) No structure shall extend across 25% or more of the waterway width at mean low water.(h) No structure shall be located within the buffer zone of the horizontal limits of an FNP, which is 3 times the authorized depth of a constructed FNP as measured on a horizontal plane.(i) No structure shall be constructed that obstructs the rights of passage of foot traffic within the inter-tidal zone, near shore watercraft users, or obstruct navigation in the channel.(j) The following shall not be approved for residential tidal docks:(1) Lightweight aluminum or similar seasonal pipe docks;(2) Cantilevered or crank-up dock systems;(3) One or more floats, a string of floats, or floating walkways connected directly to the shore;(4) Floats that sit directly on the mud at low tide or on skids that sit directly on the mud at low tide;(5) Boardwalks over tidal marsh to reach a dock; and(6) Boathouses located in or over tidal waters/wetlands or over slips dug into the shore.(k) The density of coverage by residential tidal docks over public trust waters shall be limited by the following factors:(1) One structure that meets the property line setback established in RSA 482-A:3II(a), XI on each frontage;(2) The presence of special aquatic sites;(4) Compliance with length and square footage requirements specified in Env-Wt 606.07.N.H. Code Admin. R. Env-Wt 606.06
#2923, eff 12-10-84, EXPIRED: 12-11-90
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 606.09 ) (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.