Section Pda 507.02 - Reasons for Denial of Application(a) The director shall deny a mooring permit application if: (1) The division has not received the completed application, required documentation, and permit fee by the deadline specified in Pda 506.04;(2) The applicant has altered any information pre-entered by the division, as prohibited under Pda 506.05;(3) There is no available space in the requested mooring field, mooring subfield, or nearshore area;(4) There is no mooring location in the requested mooring field, mooring subfield, or nearshore area or at the requested location for the applicant's vessel in compliance with Pda 504.01(c)(1) and (2);(5) The applicant has not included the required mooring permit fee or, if applicable, late application fee;(6) The vessel cannot be provided with a mooring location in the requested mooring field, mooring subfield, or nearshore area or at the requested location without interfering with or impeding navigation, thus constituting a hazard to public safety;(7) The division determines that the water depth, shoreline configuration, wind exposure, domestic water use in the area, or other environmental conditions and effects are such that the vessel cannot be moored in a mooring location in the requested mooring field, mooring subfield, or nearshore area or at the requested location;(8) The mooring cannot be located in the requested mooring field, mooring subfield, or nearshore area or at the requested location without unreasonably interfering with recreational uses of the water and adjacent land as described in (b) below;(9) The applicant has not provided the required information and documentation under Pda 506.06, Pda 506.07, Pda 506.08, Pda 506.09, or Pda 506.10, for the type of permit applied for;(10) The applicant has provided materially false information on the application form, or has provided materially false or invalid information in any of the documentation required under Pda 506;(11) The applicant has failed to: a. Timely pay any fees or other costs due to the authority or the division under RSA 12-G:42-53 or rules adopted thereunder, and such fees or other costs remain due and payable at the time the application is filed;b. Timely pay any fines assessed under RSA 12-G:52 or RSA 12-G:52-a, and such fine or fines remain due and payable at the time the application is filed; orc. Obey any lawful order of the director, the chief harbor master, the deputy chief harbor master, a harbor master, or an assistant harbor master, and full compliance with such lawful order remains outstanding at the time the application is filed; or(12) The applicant has submitted an application containing false certifications.(b) For the purposes of (a)(8) above, a mooring location shall be considered an unreasonable interference if it would: (1) Interfere with a shorefront property abutter's use of the water in front of his or her property;(2) Pose a safety hazard to users of the state tidal waters; or(3) Creates any other interference that would constitute a hazard or nuisance.N.H. Admin. Code § Pda 507.02
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; 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.