Section Saf-C 404.08 - Swim Lines(a) No person shall operate a boat within any permitted swim line on any public body of water.(b) No person shall put or place a swim line in any public body of water without prior written approval of the director.(c) An application for a swim line permit, form DSSS 41, shall be submitted to the director by the shore front property owner, or a contact person.(d) The following shall be submitted on form DSSS 41:(1) Name, address, telephone number and cellular telephone number, if available, of the property owner;(2) Name, address, telephone number and cellular telephone number, if available, of the contact person for the property owner, if applicable;(3) Address of the shore front property;(4) Name of the body of water;(5) Lot number and tax map number of the shore front property;(6) Name and address of adjacent abutters;(7) Type of swim area, such as:a. Private or individual swim area;b. Town or state owned swim area; orc. Private group or association swim area; and(8) If a waiver is requested, a statement of need with a description of water depth and distance from shore.(e) An application for a swim line permit shall be signed and dated by the property owner or contact person.(f) A diagram of the swim area that is accurate in relation to north shall be attached to form DSSS 41.(g) The diagram referenced in (f) above shall be accurate in relation to north and contain the following: (1) Applicant's shore line and property line in feet;(2) The proposed swimline's location and dimensions in feet;(3) Water depth in feet at furthest point of the proposed swim line;(4) Location, dimensions and distance in feet to moorings, docks, or swim rafts located off the applicant's shore frontage; and (5) Adjacent abutter's shore frontage(s), and location, dimensions and distance in feet to moorings, docks, swim rafts or swim lines, located within 200 feet of the applicant's shore frontage.(h) No swim line shall be approved which: (1) In the opinion of the director constitutes a hazard or obstruction to navigation;(2) Is placed closer than 20 feet from adjacent abutter property lines;(3) Has an open-sided configuration that would permit boats to enter the swim area;(4) Extends into the water beyond the point where the depth of water exceeds 6 feet or for a distance from shore of 50 feet, whichever occurs first; or(5) Diminishes the residential, recreational or scenic value of the public water in light of the competing uses for the enjoyment of the public water.(i) Any waiver of the restrictions set forth in (h) above shall be requested and submitted to the director on form DSSS 41. The request shall include a detailed description of water depth and distance from shore.(j) Upon receipt of a request for a waiver pursuant to (i) above, the director shall conduct a visual inspection of the proposed swim line site. A waiver shall be granted if the director determines that the proposed swim line does not constitute a hazard or obstruction to navigation and that the swim line does not diminish the residential, recreational or scenic value that the public water provides to all users. The conditions of the waiver shall appear on the swim line permit.(k) A swim line permit shall expire on December 31 of each year.N.H. Admin. Code § Saf-C 404.08
#2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94; renumbered by #6005, eff 3-24-95 (formerly Saf-C 404.28), EXPIRED: 7-1-00
New. #7798, eff 12-3-02; ss by #8172, eff 9-21-04; amd by #9731, eff 6-24-10; ss by #10293, eff 3-20-13