N.H. Admin. Code § Saf-C 416.07

Current through Register No. 44, October 31, 2024

Section Saf-C 416.07 - Criteria for Evaluating a Petition

(a) A petition shall be granted if the commissioner determines, after reviewing the factors in (b), that the petition is in the public interest and fulfills the purpose of law as specified by RSA 270:1.

(b) The commissioner shall consider the following factors when determining whether a petition is in the public interest:

(1) The type and amount of lake access;

(2) Public safety concerns of current lake users;

(3) The impact of granting the petition on:

a. Residential value;

b. Recreational value; and

c. Scenic value;

(4) How granting the petition could promote the tourist industry;

(5) Water quality;

(6) Threatened and endangered species;

(7) The ability and willingness of petitioners, the lake association represented by the petitioners, or others to support assisted lake protection, based on the information set forth in the petition as required by Saf-C 416.02(c)(5);

(8) Competing uses;

(9) Benefits for all users;

(10) Special uses appropriate to the lake;

(11) Protection of environment, shoreline, and wildlife;

(12) The size of the lake including surface area and depth of water;

(13) Amount of waterborne traffic;

(14) The size and characteristics of the lake for which the designation is being considered;

(15) The amount of enforcement activity including complaints, warnings, summonses, and reported accidents; and

(16) Any other issues relevant to the use of the lake.

N.H. Admin. Code § Saf-C 416.07

#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.07); EXPIRED: 7-25-08

New.(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.07 )

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