TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY

CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER

Mooring of Boats on Public Waters

Section 270:61-a

    270:61-a Petitions to Require Permits: Hearings. –
I. The commissioner of safety shall, after receiving a petition signed by 25 or more residents or property owners of each affected town or towns in which a lake, pond, or river is located and after notice and hearing at which it appears that the public interest requires the use of mooring permits, amend the rules adopted under this subdivision to require mooring permits on the body of water. The provisions of this subdivision and associated rules shall then apply to such water body.
II. The commissioner of safety shall hold a public hearing to determine whether to grant a petition submitted under paragraph I. In determining whether to grant the petition, the commissioner shall take into consideration the following factors:
(a) The size of the body of water.
(b) Public safety.
(c) The maintenance of residential, recreational, and scenic values.
(d) The variety of uses of the body of water.
(e) The environment and water quality.
(f) Threatened and endangered species.
(g) The number of people affected, either directly or indirectly.
(h) The availability of moorings to the non-shorefront owning public.
III. The commissioner of safety shall schedule the public hearing at a date and time which provides interested individuals with sufficient notice, and at a location in the vicinity of the body of water under consideration. If mooring permits are required under this section, the effective date of such requirement shall be no earlier than October 1 of any given year.

Source. 2008, 315:1, eff. Aug. 31, 2008.