N.H. Admin. Code § Saf-C 416.02

Current through Register No. 44, October 31, 2024

Section Saf-C 416.02 - Petition for Assisted Lake Protection

(a) Any lakes association with 25 or more members, or group of 25 or more residents or property owners in a town or towns in which a lake is located, may petition the commissioner to designate that lake for assisted protection, including an order specifying how the petitioners or the lake association which they represent may, consistent with applicable law, assist the department in the department's efforts to regulate the operation of boats on the subject lake as specified in Saf-C 416.08.

(b) Petitions shall be submitted to the commissioner, NH Department of Safety, 33 Hazen Drive, Concord, NH, 03305.

(c) The petition shall include the following:

(1) The signatures of 25 residents or property owners in the town or towns in which the lake is located;

(2) The printed or typed name, address, and telephone number of each of the petitioners;

(3) The name and location of the lake which is the subject of the petition, a detailed map of the lake and, if available, a navigational chart of the lake;

(4) A statement of how the petitioners propose to assist the department, consistent with applicable law, in the department's efforts to enforce the provisions of law and departmental rules identified in Saf-C 416.08, including:

a. A statement specifying the reasons that the petitioners believe that the purposes of RSA 270 would be served by the proposal set forth in the petition; and

b. A discussion of the criteria in Saf-C 416.07 that the commissioner should consider when determining whether to designate the lake as subject to assisted lake protection;

(5) A statement of how petitioners will support assisted lake protection, stating with particularity, the following:

a.The names and addresses of the adult volunteers who will support assisted lake protection, and the manner in which they will do so, either as:

i.Volunteer members of the marine patrol auxiliary appointed by the commissioner in the manner permitted by RSA 270:12-c;

ii.Private volunteers, either as members of a lakes association or otherwise, trained pursuant to the training program for volunteer members of lakes associations and other interested persons, as described in Saf-C 416.09(c) and Saf-C 416.10; or

iii.Or through some other means or capacity specified in the petition;

b. The equipment or other resources that the petitioners will provide to support assisted lake protection, including a description of the communications equipment to be provided for use in communicating with the marine patrol or auxiliary marine patrol;

c. The education and training that the petitioners, other volunteers named in the petition, or designated members of the petitioners' lake association are willing to engage in order to provide volunteer assistance if the lake is designated for assisted protection, including a description the number of such individuals who have committed to be trained as volunteer members of the marine patrol auxiliary or to become certified as trained volunteers through the training program described in Saf-C 416.09(c) and Saf-C 416.10; and

d. Any other means by which petitioners will support assisted lake protection;

(6) Unless otherwise specifically stated by the petitioners, the first named petitioner shall be the agent of the petitioners for all purposes relating to the petition; and

(7) The petitioner designated in (6) above, shall perform the following duties, if requested to do so by the commissioner or designee:

a. Provide residents or property owners in the town or towns where the lake is located with information concerning the petition;

b. Assist the commissioner or designee in locating a building where a public hearing can be held; and

c. Act as public relations contact with regard to the petition, including responding to press inquiries concerning the petition, after consultation with the department.

N.H. Admin. Code § Saf-C 416.02

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.02 ); EXPIRED: 7-25-08

New.(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.02 )

Amended by Volume XXXVIII Number 02, Filed January 11, 2018, Proposed by #12432, Effective 12/11/2017, Expires 12/11/2027.