TITLE L
WATER MANAGEMENT AND PROTECTION

CHAPTER 482-A
FILL AND DREDGE IN WETLANDS

Excavating and Dredging in Public Waters

Section 482-A:21

    482-A:21 Excavating and Dredging. –
I. No person shall excavate, remove, or dredge any bank, flat, marsh, swamp, or lake bed that lies below the natural mean high water level of any public waters of this state, except as provided in this subdivision. For the purposes of this subdivision, "public waters" are defined as all natural ponds of more than 10 acres. Upon the request of the owner of land abutting any public waters, the division shall determine the natural mean high water level of the abutting public water.
II. The provisions of this subdivision shall not apply to:
(a) Any land above the natural mean high water level of public waters.
(b) Any land below any artificially created high water level of any body of water.
(c) Projects classified as minor or minimum impact under rules adopted by the commissioner under RSA 482-A:11 which exclusively involve excavation or dredging within a great pond, and no other associated major project activities requiring a permit pursuant to RSA 482-A.

Source. 1989, 339:1. 1996, 296:25, eff. Aug. 9, 1996.