Section Pda 503.02 - Mooring Use; General Terms and Conditions(a) No mooring shall be set in state tidal waters unless permitted in accordance with Pda 500.(b) Only one vessel shall be attached to a mooring.(c) No vessel shall be attached to a mooring except the vessel for which the permit was approved, unless the vessel attached to the mooring is a dinghy for the permitted vessel.(d) No person other than those listed below shall use a mooring: (1) The holder of a permit for that specific mooring;(2) The authorized temporary user of a commercial use mooring for which a commercial use mooring permit was issued to a water-dependent business;(3) The renter, lessee, or person otherwise authorized by the holder of a commercial mooring for hire mooring permit to use a specific mooring;(4) The authorized member(s) of a condominium unit owners' association that holds a commercial mooring for hire mooring permit;(5) The tenant or lessee of shorefront property who occupies the property and rents or leases a mooring from the shorefront property owner;(6) The owner or operator of a vessel who has been directed orally, in writing, or by hand signal, by the chief harbor master, the deputy chief harbor master, a harbor master, or an assistant harbor master to secure such vessel to a mooring for which the vessel owner does not hold a permit; or(7) Any person whose vessel is in an emergency situation when failure to secure such vessel to such mooring would otherwise present an imminent and substantial hazard to navigation or to the safety of any passenger on such vessel.(e) The holder of a commercial use mooring permit shall not rent or lease the mooring. The holder of a commercial use mooring permit that is a water-dependent business as defined in Pda 502.31(b) may allow temporary use of the mooring for business purposes by customers, vendors, or service providers.(f) Only an individual shall be the holder of a general use mooring permit.(g) The individual whose name appears on a general use mooring permit shall be an owner of the vessel identified in the permit.(h) The individual, trust or trustee(s) of the trust, business organization, or not-for-profit entity whose name appears on a shorefront property owner mooring permit shall be an owner of the vessel identified in the permit.(i) All moorings shall meet the equipment requirements of Pda 510.(j) Moorings shall be located so as not to impede navigation or endanger other vessels.(k) All moorings shall be subject to relocation in accordance with Pda 504.02.(l) A water-dependent business as defined in Pda 502.31(b) shall maintain, on the premises, records of all persons making temporary use of a mooring for which the water-dependent business holds a commercial use permit. These records shall be open to inspection by the division director or designee at any time during regular business hours.(m) A marina or condominium unit owners' association shall maintain, on the premises, records of all persons making use of a commercial mooring for hire for which the marina or condominium unit owners' association holds a commercial mooring for hire permit. These records shall be open to inspection by the division director or designee at any time during regular business hours.(n) A shorefront property owner who holds a permit for a commercial mooring for hire shall maintain records of all lessees occupying the shorefront property who rent or lease the mooring for hire. These records shall be produced for inspection at the division office upon written request sent to the shorefront property owner by the division director, within 10 business days of receipt of the request.(o) A shorefront property owner may hold only one shorefront property permit for a mooring within the shorefront property owner's shorefront property mooring area dependent upon the person's status as shorefront property owner, and that permit may be a commercial mooring for hire or a shorefront property mooring.(p) Only one mooring permit under Pda 500 shall be issued for any one vessel, provided that 2 mooring permits may be issued for one vessel if one of the mooring permits is for a mooring location at the Isles of Shoals.(q) The granting of a mooring permit under Pda 500 shall not constitute authority to secure any mooring or related equipment to any property above the mean high water mark.N.H. Admin. Code § Pda 503.02
#7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500)
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12958, Effective 12/24/2019, Expires 12/24/2029.