Section 270:67 - Public and Congregate Mooring Fields; Permit RequiredI. Public Mooring Fields. (a) The division of state police shall identify suitable locations for public mooring fields and prioritize the need for the development of such sites. In determining said locations the division of state police shall recommend each location size and the configuration of each public mooring field. Further, it shall be determined by the division of state police that adequate access exists to serve the needs of the users of the public mooring field. Said site proposal shall then be transmitted to the respective political subdivision or subdivisions in which the proposed mooring field is to be located, where a public hearing on said site proposal may be conducted by the division of state police. The division of state police shall review all recommendations received and submit their final site proposal to governor and council for approval. All such recommendations shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvement programs of the adjacent municipality.(b) The division shall issue a permit to any applicant for a mooring in a public mooring field who fulfills the mooring requirements in this subdivision subsequent to approval under subparagraph (a).(c) Each public mooring field applicant shall be assessed a fee of $25 which shall be deposited in the navigation safety fund established under RSA 270-E:6-a.(d) No mooring shall be sold or leased except as provided in this section.II. Congregate Mooring Fields. (a) The division of state police may identify suitable locations for congregate mooring fields. In determining said locations the division of state police shall recommend each location size and the configuration of each congregate mooring field. Further, it shall be determined by the division of state police that adequate access exists to serve the needs of the users of the congregate mooring field. Said site proposal shall then be transmitted to the respective political subdivision or subdivisions in which the proposed mooring field is to be located, where a public hearing on said proposal may be conducted by the division of state police. The division of state police shall review all recommendations received and submit their final proposal to governor and council for approval. All such recommendations shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvement programs of the adjacent municipality.(b) Subsequent to approval by the governor and council, the division shall issue a permit to any applicant for a congregate mooring field who shows that: (1) The location and size of the congregate mooring field meet the criteria established pursuant to RSA 270:71; and (2) Adequate access exists to serve the needs of the users of the congregate mooring field; and(3) The congregate mooring field will comply with the provisions of RSA 270:64; and(4) No mooring shall be sold or leased except as provided in this section.(c) Each congregate mooring field permitted by the director shall be assessed an annual mooring fee of $25 for each mooring installed in the congregate mooring field which shall be deposited in the navigation safety fund established under RSA 270-E:6-a.(d) Operators in charge of maintaining congregate mooring fields may charge no more for the use of a mooring than an amount which reasonably covers the costs of mooring installations and maintenance. Said charges shall be reported to the division of state police who shall submit an annual report to the governor and council and the general court on all congregate mooring fields.III. Notwithstanding RSA 270:61, III, small mooring sites may be established without the approval of governor and council, but subject to the approval of the division. Such sites shall be only for the use of motels, cottages, condominiums, other rental property, or homogeneous use group.Amended by 2011, 224:§§259, 260, 261 eff. 7/1/2011.1987, 324:1. 1989, 284:4. 1999, 193:6, 7. 2003, 319:9. 2004, 257:25, eff. July 1, 2004. 2011, 224:259 -261, eff. July 1, 2011.