RSA 270:74-a · Hearings

270:74-a Hearings. –

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I.

The commissioner shall adopt rules pursuant to RSA 541-A establishing procedures for the public hearing process contained in this section. For the purposes of adopting the initial set of rules required by this section the commissioner shall be authorized to adopt emergency rules as provided in RSA 541-A:18.

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II.

Any group of 10 or more residents or property owners of a town in which a lake, pond, or river is located may petition the commissioner to prohibit or restrict the use of ski craft on the lake, pond, or river, or a portion thereof. Once ski craft have been prohibited or restricted on a lake, pond, or river, or portion thereof, pursuant to this section for at least one year such a group of residents or property owners may not petition to allow the use of ski craft on the lake, pond, or river, or a portion thereof.

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III.

The commissioner shall hold a public hearing to determine whether to grant a petition submitted pursuant to paragraph II. In determining whether to grant the petition, the commissioner shall take into consideration the following factors:

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(a)

The impact of ski craft on the environment, the shoreline and wildlife.

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(b)

The surface area of the lake, pond, or river being considered.

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(c)

The use or uses which have been established on the lake, pond, or river.

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(d)

The depth of the water.

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(e)

The amount of water-borne traffic.

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(f)

The necessity of ensuring access to and use of the lake, pond, or river for all individuals and the right of those individuals to appropriate use of the public waters.

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(g)

Whether a determination is necessary to ensure the safety of persons and property.

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IV.

The commissioner shall hear all petitions as soon as possible after they are submitted. The commissioner shall give priority to hearing first the petitions submitted on behalf of lakes, ponds, or rivers itemized in section 3 of this act and lakes, ponds, or rivers which are generally considered to have problems with the operation of ski craft as evidenced by the number of complaints submitted. A decision shall be rendered within 30 days after the hearing. If a body of water is closed in its entirety as a result of a hearing pursuant to this paragraph, the effective date of such closing shall be no sooner than October 1, of the year in which the order is issued.

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V.

In response to a petition submitted concerning a lake, pond, or river, or portion thereof, the shoreline of which is uninhabited, the commissioner may allow the operation of ski craft as close as 150 feet from the shore.

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VI.

Any person aggrieved by a decision of the commissioner pursuant to this section may appeal to the commissioner for a review of the record and may appeal from such decision pursuant to RSA 541.

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VII.

Any prohibition or restriction on the use of ski craft on a lake, pond, or river, or portion thereof, imposed pursuant to this section shall have the full force and effect as if enacted as law.

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VIII.

The commissioner shall post any lake, pond, or river, or portion thereof, from which ski craft are prohibited or restricted pursuant to this section. Source. 1989, 409:2. 1994, 412:29, eff. Aug. 9, 1994.

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