TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
Chapter 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
General Provisions
Section 270:1
270:1 Declaration of Policy. –
I. In the interest of public safety and the protection of property, it shall be the duty of the commissioner of safety, in all cases not provided for by the United States inspection laws and in all cases in which inspections are not regularly made thereunder, to provide for the inspection on any public waters of the state of all commercial and private boats and the machinery, appliances, and equipment thereof, such inspections to be performed by said commissioner of safety or his duly authorized representative. Said commissioner of safety shall also supervise the safety of navigation and the establishment of aids to navigation, and all lights and buoys maintained at public expense on the inland waters of the state shall be under the jurisdiction of said commissioner of safety. Said commissioner of safety shall make such alterations and improvements in existing lights and buoys as may be desirable, place additional lights and buoys where required to promote the safety of navigation, remove obstructions tending to impede navigation, and maintain all lights and buoys under its jurisdiction.
II. In the interest of maintaining the residential, recreational and scenic values which New Hampshire public waters provide to residents of the state and to the promotion of our tourist industry, and in light of the fact that competing uses for the enjoyment of these waters, if not regulated for the benefit of all users, may diminish the value to be derived from them, it is hereby declared that the public waters of New Hampshire shall be maintained and regulated in such way as to provide for the safe and mutual enjoyment of a variety of uses, both from the shore and from water-borne conveyances. Such provisions shall take into consideration the following: the variety of special uses appropriate to our lakes, public safety, protection of environment and water quality, and the continued nurture of New Hampshire's threatened and endangered species.
III. It is the intent of the legislature to recognize in RSA 270:42-46 that the cumulative effect of boats congregated as "rafts" differs from that of the same number of boats scattered and, therefore, requires specific appropriate regulation.
Source. 1941, 160:1. RL 181:1. RSA 270:1. 1983, 314:1. 1987, 124:6, I(c), eff. July 1, 1987.
Section 270:1-a
270:1-a Drownings and Boating Accident Reports. –
I. The operator of a vessel who knows or reasonably should have known that he or she has just been involved in any accident that involved death, personal injury, or damage to property, shall immediately stop said vessel at the scene of the accident, render any assistance that he or she is capable of giving to the occupants of any other vessel involved in the accident, and give the operator or owner of any other vessel involved in such accident, and to any person injured, and to the owner of any property damaged, the operator's name and the owner's name and address, the vessel registration number, and the name and address of each occupant. If by reason of injury or absence or removal from the place of the accident or other cause, such injured person, or operator of such other vessel, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any marine patrol officer or other police officer with jurisdiction arriving at the scene of the accident or immediately to a marine patrol officer or other police officer at the nearest police station or at marine patrol headquarters. Any person operating a vessel that is in any manner involved in the accident shall, within 15 days after such accident, report in writing to the department of safety the facts required hereunder together with a statement of the circumstances if any person is injured or killed or if damage to property is in excess of $2,000. If the operator is physically or mentally incapable of making such report, the owner of the vessel involved in the accident or the owner's representative shall, after learning of the accident, forthwith make such report. The operator or the owner shall furnish to the department such relevant information as the department shall require.
II. All law enforcement agencies having knowledge of a drowning or boating accident shall have a duty to report any personal injury resulting from a boating accident, death or drowning including suspected drowning, and all boating accidents wherein there is resulting damage of $2,000 or more, immediately, to the commissioner of safety or the commissioner's authorized representative.
III. It shall be the responsibility of the commissioner of safety and the commissioner's authorized representative to investigate any drowning or suspected drowning and all accidents in which there is serious injury, death, or property damage of $2,000 or more. Said investigation shall be in addition to, and independent of, any investigation made by other agencies of government, except that said agencies may exchange data and cooperate with each other to avoid unnecessary duplication of efforts.
IV. Jurisdiction for the purposes of this section shall extend to all waters under the jurisdiction of the state of New Hampshire.
Source. 1973, 313:1. 1987, 124:6, I(c). 1989, 143:4, 5. 1993, 76:1, 2. 1999, 32:3. 2004, 58:1, 11, eff. June 2, 2004. 2011, 224:243, eff. July 1, 2011.
Section 270:1-b
270:1-b Penalty. –
Whoever fails to file the reports required by RSA 270:1-a, I or otherwise fails to comply with the requirements relating to injury to property, or relating to the report to be made to the department, shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if any other person. Whoever fails to comply with the requirements when death or personal injury resulted or whoever gives information required knowing or having reason to believe that such information is false, or fails to comply with any of the other requirements thereof shall be guilty of a class B felony.
Source. 1973, 313:1. 2004, 58:2, eff. June 2, 2004. 2011, 224:244, eff. July 1, 2011.
Section 270:1-c
270:1-c False Reporting of Accidents. –
Except as provided in RSA 270:1-a, I, a person is guilty of a misdemeanor if he or she knowingly gives or causes to be given false information to any law enforcement officer or to the department of safety or its agents concerning an accident or alleged accident.
Source. 2004, 58:3, eff. June 2, 2004.
Section 270:2
270:2 Definitions and Classifications. –
The following words and phrases as used in this chapter shall have the following meanings, unless the context clearly requires otherwise:
I. [Omitted.]
II. The term "person" means any individual, firm, co-partnership, corporation, company, association or joint-stock association, including any trustee, administrator, executor, receiver, assignee or other personal representative thereof.
III. The term "common carrier" means any person who undertakes, directly, or by his agent or under a lease or any other arrangement, to transport passengers or property on the public waters of the state operating on a regular schedule, for compensation.
For the purpose of this chapter boats shall be classified in accordance with the following definitions:
IV. The term "commercial boat" shall mean:
(a) Any boat used as a common carrier of passengers or property operating on a regular schedule; or
(b) Any boat propelled by electric or mechanical power carrying passengers for hire; or
(c) Any such boat or outboard motor when rented either separately or in connection with camps, cottages or other real estate; provided, however, any applicant applying for a commercial boat registration pursuant to this subparagraph shall certify that said application is bona fide and that the applicant does in fact rent the boat or outboard motor on a regular commercial basis either separately or in connection with the camp, cottage or other real estate under penalty of perjury. The director of the division of motor vehicles shall be the sole judge of whether or not applicant qualifies for a commercial boat registration pursuant to this subparagraph; or
(d) Any such boat or outboard motor used by the proprietor of any school or camp in which minors are received for compensation, or by any officer, agent or employee of such proprietor for the transportation of minors.
V. The term "private boat" shall mean any boat, not a commercial boat, propelled by electric, human or mechanical power used exclusively for pleasure purposes by its owner, or others with his permission.
VI. The term "manufacturer or dealer" shall mean any person engaged in the business of manufacturing or dealing in boats or outboard motors.
VII. [Repealed.]
VIII. "Airboat" means any shallow-draft boat propelled by an airplane propeller and steered by an airplane rudder or any boat, including a hovercraft, which is designed to travel on a cushion of air on or within 2 feet of the water, not including any mechanical device which also functions as an airplane.
IX. The term "seaplane" means any aircraft on floats or an amphibian aircraft with a hull and sponson, which is capable of landing on land or water.
X. "Swim line" means a combination of ropes, cables, and floats which encompass an area abutting the shore line, for the use of swimmers.
Source. 1941, 160:1. RL 181:2. RSA 270:2. 1974, 45:5. 1977, 341:7. 1979, 462:4. 1987, 370:1. 1990, 229:13, II. 1992, 187:1. 2007, 74:1, eff. Jan. 1, 2008.
Registration of Boats Generally
Section 270:3 to 270:5-a
270:3 to 270:5-a Repealed by 1990, 229:13, III, eff. Jan. 1, 1991. –
Section 270:6
270:6 Repealed by 1990, 229:13, IV, eff. Jan. 1, 1991. –
Regulation of Common Carriers
Section 270:7 to 270:10
270:7 to 270:10 Repealed by 1990, 229:13, V, eff. Jan. 1, 1991. –
Administration and Enforcement
Section 270:11
270:11 Rulemaking and Enforcement. –
I. The commissioner of safety, consistent with the policy of this chapter, shall adopt rules under RSA 541-A relative to the following:
(a) Required equipment of all boats, including rafts and floats of whatever kind, operated or used on any public waters of the state.
(b) The operation of all boats, including rafts and floats of any kind, operated or used on any public waters of the state.
(c) The classification, examination, and certification of captains, masters, engineers, and pilots of all boats operated or used on any public waters of the state.
(d) A recommended uniform fine schedule for any boating violations, which shall be submitted to the supreme court for their use under RSA 502-A:19-b, V.
II. The commissioner shall enforce the provisions of this chapter and the rules adopted under this section.
III. In the enforcement of this chapter and the rules adopted under this section, the commissioner and the commissioner's duly authorized representatives shall have the powers of a peace officer in any county of the state.
IV. [Repealed.]
V. For the rules under subparagraph I(a), the commissioner may adopt by reference, as amended, the current version of the federal boating safety equipment regulations promulgated by the U.S. Coast Guard, Department of Homeland Security, contained in 33 C.F.R. parts 175.13-175.25, 175.101-175.140, 175.110-175.120, and 175.301-175.320. The commissioner shall be authorized to exempt boats and operators operating exclusively on state waters from such rules which the commissioner determines impose an unnecessary regulatory burden without providing a corresponding safety benefit.
Source. 1941, 160:1. RL 181:10. RSA 270:11. 1987, 124:16; 239:1. 2005, 232:2. 2009, 298:1, eff. Jan. 1, 2010. 2023, 116:1, eff. Aug. 29, 2023.
Section 270:11-a
270:11-a Waiver in Lieu of Court Appearance. –
Any person charged with a violation of the provisions of RSA 270; RSA 270-A; or RSA 270-E on boats, floats, and rafts, excluding any offense for which the penalty is a misdemeanor or felony, may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear as directed by the court.
Source. 1987, 239:2. 1990, 229:20, eff. Jan. 1, 1991.
Section 270:12
270:12 Operating Restrictions. –
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, adopt rules governing the maximum horsepower of boat engines and outboard motors or prescribe maximum speed limits for the operation of such boats or outboard motors applicable to or upon all or any portion of the public waters of this state. The commissioner of safety shall, in like manner and after notice and hearing, prohibit the use of motorboats and outboard motors on bodies of public water having an area of 35 acres or less; provided, that said prohibition shall not be construed as affecting the bodies of water covered by RSA 270:75 through 270:132. Hearings under this section shall be held in the vicinity of the body of water under consideration during the months of June, July, August, and September following the date of the petition.
II. Notwithstanding the provisions of RSA 270:12, I, any hearings regarding the closing or restricting of any body of water to seaplanes shall be addressed to and heard by the commissioner of safety or his designee. Prior to issuing a decision, the commissioner shall consult with the director of aeronautics, rail, and transit, department of transportation.
III. Persons petitioning the commissioner requesting a change of use or restriction of the use of any public waters shall notify, by certified mail, all abutters with deeded waterfront property or deeded water access rights of the proposed change or restriction and the department shall post the petition on its official website at least 2 weeks prior to a public hearing scheduled by the department.
IV. In this section, "abutter" means any person who owns property immediately adjacent and contiguous to the area on which the change of use or restriction of use will take place. If the change of use or restriction of use is located in an area which by its configuration would cause the change or restriction to affect noncontiguous properties, owners of those properties are considered as abutters. The term does not include the owner of a parcel of land located more than 1/4 mile from the limits of the proposed change or restriction.
Source. 1947, 78:1. RSA 270:12. 1963, 119:1. 1987, 124:6, I(c), (f)(2). 1989, 339:23. 1992, 7:1; 187:2. 2004, 257:31, eff. July 1, 2004. 2011, 8:1, eff. June 24, 2011. 2012, 67:1, eff. July 14, 2012.
Section 270:12-a
270:12-a Enforcement Powers Conferred. –
I. The director of state police and his or her duly authorized representatives shall have all the powers of a peace officer in all counties in the state in the enforcement of:
(a) The provisions of this chapter and the rules adopted hereunder;
(b) The provisions of RSA 265-A, relative to the operation or attempted operation of boats by a person under the influence of intoxicating liquor or a controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or other unlawful operation of boats thereunder;
(c) The provisions of RSA 637:9, relative to unauthorized use of a motor boat or any boat or vessel propelled by sail or a paddle;
(d) All other crimes and offenses, excluding violations of title XVIII, occurring on the public bodies of inland or coastal waters of the state;
(e) Any crime or offense, excluding a violation of title XVIII or a violation of title XXI not involving a boat or watercraft, that occurs on an island or on the mainland contiguous to inland or coastal bodies of water in the absence of any law enforcement agency with jurisdiction immediately available when immediate action is required;
(f) Any crime or offense when requested to render assistance to another peace officer having jurisdiction in the area; and
(g) The provisions of RSA 487:16-c and RSA 487:16-d, relative to the transport of aquatic plants or plant parts or exotic aquatic weeds or weed parts on the outside of boats, vehicles, and equipment, and the draining of water conveyances.
I-a. The director of state police and his or her duly authorized representatives shall be authorized to call upon any peace officer to render assistance to them in the performance of their duties and shall render assistance to any peace officer having jurisdiction in the area when so requested.
I-b. The director of state police is authorized to detail full-time or part time bureau of marine patrol officers for law enforcement and crowd control services for public and private events and for extra duty functions to be performed outside regular business hours and for which an outside entity will be reimbursing the department for the services. While performing such services, the officers may enforce all criminal and motor vehicle laws of the state on property adjacent to the body of water where the services or details are being performed. The commissioner of safety shall establish a detail rate for such assignments. The rate shall include compensation for the assigned officers plus reimbursement for the use of any boats or vehicles, employee benefits, and related overhead expenses.
II. [Repealed.]
III. The director of state police shall adopt rules pursuant to RSA 541-A prescribing the type and amount of training required for his or her duly authorized representatives to perform their duties under this section.
IV. Notwithstanding any other law to the contrary, the jurisdiction of marine patrol officers shall extend to any body of water, whether natural or human-made, within the state's jurisdiction, including the Atlantic Ocean, streams, rivers, and lakes or ponds having an area of at least 10 acres within the borders of the state.
V. All vessels and their registered tender operating on New Hampshire's tidal waters shall comply with United States Coast Guard equipment requirements in 33 C.F.R. part 175 and 46 C.F.R. part 25, exclusively.
VI. (a) The commissioner of the department of safety, at the request of the United States Coast Guard in accordance with applicable federal law, shall to the extent of available staffing and resources authorize marine patrol officers to assist the United States Coast Guard in the enforcement of safety and security zones established by the Coast Guard Captain of the Port with jurisdiction over New Hampshire. Marine patrol officers so authorized may take all action necessary to assist the Coast Guard in enforcing security and safety zones to the extent authorized by the Coast Guard, including exercising the power of arrest.
(b) The department of safety, prior to engaging in the activities authorized by this paragraph, shall enter into a memorandum of agreement with the United States Coast Guard that establishes the appropriate procedures and protocols for enforcement activities authorized by this paragraph. Any funds received from the federal government for reimbursement to the department of safety under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
(c) The commissioner of the department of safety may establish a safety and security zone on any public or coastal waters of the state in case of an emergency requiring prompt action.
VII. The director of state police shall adopt rules pursuant to RSA 541-A relative to safety requirements for operation of eFoils and electric hydrofoil surfboards.
Source. 1971, 274:1. RSA 570:28-b. 1973, 532:5. RSA 270:12-a. 1981, 353:4. 1983, 314:5, 6. 1988, 141:1. 1992, 257:2. 1994, 38:1; 334:2. 2004, 58:4. 2006, 315:1, 2, eff. July 1, 2006; 315:3, eff. Jan. 1, 2007. 2011, 224:245-247, eff. July 1, 2011. 2012, 267:17, eff. Jan. 1, 2013. 2016, 227:5, eff. Jan. 1, 2017. 2017, 204:2, eff. July 5, 2017. 2022, 37:1, eff. July 2, 2022.
Section 270:12-b
270:12-b Disobeying an Officer. –
I. No person, while operating or otherwise in charge of a vessel, raft, or float of any kind, type, or character or an amphibian or pontoon aircraft under step speed shall:
(a) Knowingly refuse, when requested by a peace officer or agent of the director, to give his name, address, and date of birth, and the name and address of the owner of the vessel, raft, float or amphibian or pontoon aircraft of any kind, type, or character;
(b) Knowingly refuse, on demand of a peace officer or agent of the director, to sign his name in the presence of such officer or agent;
(c) Knowingly refuse, on demand of a peace officer or agent of the director, to produce some means of positive identification such as a driver's license, passport, or other document, or to verify his identity by some other means so that the identity of the operator or person otherwise in charge of a vessel can be determined with reasonable certainty by such peace officer or agent of the director;
(d) Knowingly neglect to stop when signaled to stop by any peace officer or agent of the director, who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who signals such person to stop by means of any authorized audible or visual emergency warning signals; or otherwise willfully attempt to elude pursuit by a peace officer or agent of the director by increasing speed, extinguishing lights while still in motion, or abandoning a vessel while being pursued;
(e) Knowingly refuse, when requested by a peace officer or agent of the director, to:
(1) direct said amphibian or pontoon aircraft, vessel, raft, or float to shore or to any dock, wharf, or mooring designated by said officer or agent;
(2) follow any vessel operated or controlled by any peace officer or agent of the director to any point on shore, or any wharf or mooring designated by said officer or agent; or
(3) allow said officer or agent to direct or tow said boat, raft, or float to any point on shore or to any dock, wharf, or mooring.
II. Any person who fails to comply with the requirements of this section or provides a false name, address, or date of birth shall be guilty of a misdemeanor.
Source. 1987, 317:1, eff. July 24, 1987.
Section 270:12-c
270:12-c Auxiliary Marine Patrol. –
I. The commissioner of safety may establish a force of individuals to assist the director of state police and the marine patrol officers to patrol the various bodies of water in the state. Any person that patrols any water body on behalf of the department shall either be a certified marine patrol officer or an auxiliary officer appointed under the provisions of this section.
II. An individual appointed by the commissioner as an auxiliary officer under this section shall be either a paid part-time employee of the department or a volunteer, and may be, but shall not be required to be, a certified police officer. An auxiliary officer shall be subject to such training requirements as the commissioner shall deem necessary.
III. The report of an auxiliary officer to any peace officer shall be prima facie evidence relative to the violation or offense reported.
IV. The commissioner shall furnish suitable equipment to an auxiliary officer, as he may deem necessary, to distinguish the officer as an individual acting in an official capacity.
V. Any individual who is a volunteer and appointed under this section as an auxiliary officer who is actually performing the duties of an auxiliary officer on a body of water in the state shall be considered a state employee for the purpose of defense and indemnification from civil suits under RSA 99-D; provided, however, that such person shall not be indemnified from any civil suit arising out of a criminal act.
Source. 1989, 143:1. 1999, 193:4, eff. July 1, 1999. 2011, 224:248, eff. July 1, 2011.
Section 270:12-d
270:12-d Penalties. –
I. Any person who buys, receives, possesses, sells or disposes of a boat, boat engine or outboard motor, with knowledge that a hull identification number or serial number has been removed, defaced or changed, with the intent to conceal or misrepresent the identity, shall be guilty of a class B felony if a natural person and guilty of a felony if any other person.
II. It shall be a misdemeanor to buy, receive, possess, sell or dispose of a boat, engine or outboard motor knowing the hull identification number or serial number has been removed, changed or altered. If upon discovery of the removed, defaced, changed, or altered hull identification number or serial number, the person reports it to the nearest police station or the bureau of marine patrol, he shall not be charged with a violation.
III. Anyone who willfully removes, defaces, obliterates, changes or alters a hull identification number, or serial number shall be guilty of a misdemeanor.
IV. Any person who operates a boat on public water while knowingly having in his possession or in any part of the boat a controlled drug, in violation of RSA 318-B, shall be guilty of a misdemeanor and shall have his right to operate a boat suspended for a period of one year.
Source. 1991, 369:3, eff. Jan. 1, 1992.
Section 270:12-e
270:12-e Maine Marine Patrol. –
I. Any member of the state of Maine marine patrol who, in the course of patrolling the waters of the Piscataqua River or Portsmouth Harbor, observes activity that the officer reasonably suspects may result in loss of life, widespread injury, or widespread or severe property damage, shall have the same authority to enter New Hampshire to investigate, detain, and execute an arrest as any member of the New Hampshire marine patrol.
II. Whenever any member of the Maine marine patrol is engaged in New Hampshire in carrying out the purpose of this section, such member shall have all the same privileges and immunities as members of the New Hampshire marine patrol, in addition to privileges and immunities available under Maine law.
III. The provisions of this section shall not be valid unless the state of Maine enacts legislation that is substantially the same as this section and gives reciprocal authority to any member of the New Hampshire marine patrol.
Source. 2003, 252:3, eff. July 14, 2003.
Section 270:13
270:13 Repealed by 1990, 229:13, VI, eff. Jan. 1, 1991. –
Section 270:13-a
270:13-a Operation of Seaplanes or Helicopters on Public Waters. –
I. Any seaplane or any helicopter on floats which lands on public waters shall be exempt from all laws and rules concerning the operation of boats for the purpose of landing and taking off from such public waters.
II. Any seaplane or any helicopter on floats shall exercise due caution and respect for the rights and safety of any person or boat using the public waters.
Source. 1990, 175:1. 1992, 187:3, eff. July 11, 1992.
Licenses and Registrations
Section 270:14 to 270:15-c
270:14 to 270:15-c Repealed by 1990, 229:13, VI, eff. Jan. 1, 1991. –
Section 270:16 to 270:16-c
270:16 to 270:16-c Repealed by 1990, 229:13, VII, eff. Jan. 1, 1991. –
Section 270:16-d
270:16-d Operation After Suspension or Revocation. –
Any person who knowingly operates or allows to be operated any boat after his privilege or registration to operate said boat has been suspended or revoked shall be guilty of a misdemeanor.
Source. 1979, 358:11, III. 1987, 317:2, eff. July 24, 1987.
Section 270:17
270:17 Repealed by 1990, 229:13, VIII, eff. Jan. 1, 1991. –
Section 270:17-a
270:17-a Repealed by 1990, 229:13, IX, eff. Jan. 1, 1991. –
Section 270:18
270:18 Penalty. –
If any person operates any boat required to be registered under RSA 270-E without registration, or violates any provision of RSA 270, or 270-E, or any rule adopted by the department of safety relating to the equipment or operation of such boats, or does not exhibit, upon request, the certificate of registration of such boat to any duly authorized representative of the department, such person, and the owner of the boat if the boat is operated with his permission or assent, shall be guilty of a violation.
Source. 1941, 160:1. RL 181:16. RSA 270:18. 1955, 159:2. 1973, 528:158. 1978, 40:16. 1987, 124:18. 1989, 143:2. 1990, 229:10, eff. Jan. 1, 1991.
Section 270:19
270:19 Agent's Liability. –
If any such boat is owned by a corporation, sentence may also be imposed upon any officer or agent of said corporation having the custody and control of said boat and committing, or permitting or assenting to the violation of RSA 270:18.
Source. 1941, 160:1. RL 181:17.
Registration of Manufacturers and Dealers
Section 270:20 to 270:24
270:20 to 270:24 Repealed by 1990, 229:13, X, eff. Jan. 1, 1991. –
Use of Muffling Devices
Section 270:25
270:25 Muffling Devices. –
I. No person shall own or operate or sell or offer for sale, within the jurisdiction of this state, a boat propelled in whole or in part by gas, gasoline, diesel, or naphtha unless the boat is provided with an underwater exhaust or other muffling device constructed and used so as to muffle the noise of the explosion. Nothing in this paragraph shall be construed to require an underwater exhaust or other muffling device on a boat that is being sold for salvage purposes.
II. A boat may be equipped with a switchable device that will reduce the exhaust noise level in compliance with the limits established by RSA 270:37.
III. The provisions of this section shall not apply to antique boats or classic boats which have met the decibel levels established in RSA 270:37 and have been issued a permit exempting them from this section. For the purposes of this section "antique boat" means a boat built prior to 1943 and "classic boat" means a boat built between 1943 and 1968 inclusive.
IV. No person shall own, operate, sell, or offer for sale any boat which is capable of discharging exhaust above the water unless the boat is equipped with muffling devices.
Source. 1941, 160:1. RL 181:23. RSA 270:25. 1971, 239:1. 1981, 353:11. 1987, 370:3. 1991, 369:1. 1992, 132:4. 2006, 234:1, eff. June 1, 2006. 2011, 18:1, eff. June 24, 2011.
Section 270:25-a
270:25-a Airboats. –
I. No airboat shall be operated in the state unless, in addition to complying with the provisions of this chapter, it complies with the following provisions:
(a) The airboat shall be equipped with an enclosure to prevent contact with the propeller;
(b) The airboat shall not be operated within 150 feet from shore except to go directly to and from a point of destination on the shore and then only at a course which is as close to 90 degrees to the shore as possible;
(c) The airboat shall be throttled up only to the minimum extent necessary to raise it onto the air cushion and move at headway speed within 150 feet from shore.
II. The director shall prohibit the use of an airboat wherever such use adversely affects the fish and wildlife habitat, interferes with the operation of other watercraft, threatens the public safety, or adversely affects the natural environment. For the purposes of enforcing this paragraph, the commissioner of safety may adopt rules pursuant to RSA 541-A.
Source. 1987, 370:4, eff. July 25, 1987.
Interference With Navigation
Section 270:26
270:26 Injuring Buoys, Placing Obstructions. –
I. Any person who knowingly removes, destroys, moves, or injures any buoy, beacon, or other navigational aid placed in, on, or adjacent to any of the public waters of the state for the purpose of guiding and protecting navigation and boating thereon shall be guilty of a misdemeanor.
II. Any person who knowingly places an obstruction dangerous to navigation in any of the public waters of the state without reasonable precaution to protect the public from such obstruction shall be guilty of a misdemeanor.
III. Any person who shall moor or make fast a boat, vessel, raft, or float of any description to a buoy, beacon, or other navigational aid placed in, on, or adjacent to the public waters of the state shall be guilty of a violation.
IV. (a) Any person who knowingly places a swim line in any public body of water without first obtaining a permit issued by the director of state police shall be guilty of a violation.
(b) Any person who operates a boat within any permitted swim line on any public body of water without the permission of the permittee shall be guilty of a violation.
(c) The commissioner is authorized to establish fees and expiration periods for permits issued under subparagraph (a). The fee for a permit shall not be greater than $50 and all permits shall expire no later than 5 years after the date of issuance. All fees collected under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
Source. 1941, 160:1. RL 181:24. RSA 270:26. 1973, 528:160. 1987, 317:3. 2007, 74:2, eff. Jan. 1, 2008. 2011, 224:249, eff. July 1, 2011.
Section 270:26-a
270:26-a Interference With a Vessel. –
No person shall, without the consent of the owner of the vessel, wilfully and maliciously cut away or let loose any vessel which is fastened to any mooring place or lying at anchor. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1973, 87:1, eff. Nov. 1, 1973.
Section 270:26-b
270:26-b Certain Containers Prohibited as Floats. –
I. No owner of any float, dock, raft or similar device or structure shall employ for flotation in the public waters of the state any container which formerly contained any hazardous or toxic substance, as defined by RSA 147-B:2, which poses a danger to public health or the environment unless such container has been rendered harmless by internal treatment for the removal of the hazardous or toxic substance.
II. Any container which is to be used as a flotation device in the public waters of the state and which is subject to deterioration shall be treated externally so as to preserve the integrity of the container and prevent its deterioration. No container shall be treated in any manner which would pollute the public waters of the state.
III. Notwithstanding the provisions of paragraph I, any flotation device in current use for any of the purposes described in paragraph I, on January 1, 1987, shall be exempt from this prohibition.
IV. Any owner who violates the provisions of this section shall be guilty of a misdemeanor.
V. This section may be enforced by any duly authorized peace officer as defined in RSA 594:1 or by qualified employees of the department of environmental services.
Source. 1986, 88:1. 1996, 228:46, eff. July 1, 1996.
Boat Racing
Section 270:27
270:27 Boat Racing. –
No commercial boat, private boat, or sail boat shall race with another such boat over a predetermined course on any of the public waters of the state unless the course is laid out and marked in a manner satisfactory to the director of state police and said race is held under a permit issued by said director to a recognized sponsoring organization stating the date and place of the race.
Source. 1941, 160:1. RL 181:25. 2011, 224:250, eff. July 1, 2011.
Section 270:28
270:28 Clearing Course. –
While motorboats are racing on a course as described in RSA 270:27, no aircraft, in landing or taking off from the water, and no boat, however propelled, shall traverse or cross said course within 1/2 mile of an approaching boat, except in an emergency or when engaged in the common carriage of passengers or freight operating on a regular schedule.
Source. 1941, 160:1. RL 181:26.
Operation of Boats
Section 270:29
270:29 Operation Prohibited. –
It shall be unlawful to operate a boat or canoe propelled by mechanical power on any stream or body of water within the boundaries of that part of the White Mountain National forest that is situated within the state of New Hampshire. The provisions of this section shall not apply to the following bodies of water: Stinson Lake in Rumney, the North and South Percy Ponds in Stark and Kimball Pond in Chatham, and in Long Pond in the town of Benton, nor to persons engaged in emergency rescue operations or public service. Whoever violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source. 1963, 67:1. 1965, 347:3. 1973, 530:41, eff. Oct. 31, 1973 at 11:59 p.m.
Section 270:29-a
270:29-a Careless and Negligent Operation of Boats. –
Any person who shall operate a power boat upon any waters of the state in a careless and negligent manner or so that the lives and safety of the public are endangered shall be guilty of a misdemeanor.
Source. 1981, 353:12, eff. Aug. 22, 1981.
Section 270:30
270:30 Minimum Age for Operation. –
I. No person under 16 years of age shall operate a motorized vessel having power in excess of 25 horsepower on the public waters of this state unless the person is accompanied by a person 18 years of age or older who has a valid safe boater education certificate, and such person shall be liable for personal injury or property damage which may result from such operation.
II. No person under 16 years of age shall operate a commercial vessel on any of the public waters of the state.
III. No person 16 years of age or older but under 18 years of age shall operate a commercial vessel on any of the public waters of the state unless such person has a valid certificate to act as operator of a commercial vessel. Such operation shall be subject to the following limitations:
(a) Such vessel must be 16 feet in length or less.
(b) Such vessel may be operated only for the safety support of other boaters, swimmers, or other persons in or on the water, and for incidental transportation of passengers, towing of other vessels, refueling, or servicing.
(c) No such vessel shall tow a water skier, aquaplane, or similar device.
IV. Whoever violates this section shall be guilty of a violation.
Source. 1963, 138:1. 1985, 347:3. 1988, 56:1. 2000, 52:1. 2002, 272:1, eff. May 18, 2002. 2010, 148:1, eff. Jan. 1, 2011.
Section 270:30-a
270:30-a Persons 12 Years of Age or Under. –
No child 12 years of age or under shall operate, control, or be transported on the deck of a boat or vessel which is underway upon the public waters of the state unless said child is wearing a personal flotation device of a type approved by the United States Coast Guard; provided, however, boats, vessels and ships with continuous side rails enclosing the perimeter of the boat, vessel, or ship, 3 feet or more in height and enclosed between the deck and the top of the railing in a way that would reasonably prevent passage of a small child are exempted from the provisions of this section.
Source. 1985, 347:4. 2007, 176:1, eff. Aug. 17, 2007.
Section 270:30-b
270:30-b Repealed by 1988, 283:3, eff. Oct. 1, 1988. –
Section 270:30-c
270:30-c Sailboards. –
Notwithstanding any other provision of law except RSA 270:30-a, sailboards shall not be required to be equipped with personal flotation devices, and persons on sailboards shall not be required to wear these devices or to have them readily available. For the purposes of this section, "sailboard" means any unsinkable surfboard with a free-falling mast, sail and boom attached by means of a swivel or flexible universal joint to the hull, which free-falling mast, sail and boom are supported by the sailor in use and act as a sea anchor when released.
Source. 1991, 24:1, eff. April 19, 1991.
Scuba Diving and Snorkeling
Section 270:31
270:31 Scuba Diving and Snorkeling. –
I. Any person engaged in scuba diving on any of the public waters of the state and any person engaged in snorkeling in normally traveled navigable public waters shall have a diver's flag, consisting of a red flag with a diagonal white stripe, displayed indicating that diving activities are in progress. The bottom of said flag shall extend at least 3 feet above the surface of the water, the view of which shall be unobstructed for 360 degrees.
II. Any person engaged in scuba diving or snorkeling shall remain within 75 feet of their dive flag. Boaters shall remain a minimum of 150 feet away from any posted dive flag, unless there are circumstances which prevent the operator from maintaining a minimum of 150 feet, in which case the operator shall maintain headway speed.
III. The commissioner of safety may adopt rules pursuant to RSA 541-A relative to restricting scuba diving between sunset and sunrise.
Source. 1973, 574:1. 1981, 353:13. 1987, 124:6, I(c). 1995, 54:1, eff. July 8, 1995.
Section 270:32
270:32 Penalty. –
Any person violating the provisions of RSA 270:31 shall be subject to the following penalties:
I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $25 for each offense.
II. If the offense occurs on or after November 1, 1973, he shall be guilty of a violation for each offense.
III. The director of state police may prohibit further scuba activity, in addition to the penalties prescribed in either paragraph I or II, until the provisions of RSA 270:31 have been complied with.
Source. 1973, 574:1, eff. July 5, 1973. 2011, 224:251, eff. July 1, 2011.
Section 270:32-a
270:32-a Any Type of Watercraft. –
An operator of any unofficial or unauthorized watercraft of any type approaching within 150 feet of a diver's flag being displayed in accordance with RSA 270:31, shall be subject to the penalties provided in RSA 270:32, I and II. Official watercraft shall use precaution when official business requires them to be within the above-cited range.
Source. 1973, 574:1. 1995, 54:2, eff. July 8, 1995.
Use of Aqua-Therm
Section 270:33
270:33 Heating, Agitating, or Other Devices in Public Waters; Safety Hazard. –
No person shall put, place, operate, or cause to be put, placed, or operated in the waters of this state any so-called heating, agitating, or other device which inhibits or prevents the natural freezing of water, or forming of ice, and thereby impedes either the ingress or egress to or from the ice from any property other than that of the owner of the device. The person or persons responsible for the placement of the device shall ensure that warning signs are posted to warn of its location. Said signs shall read DANGER, THIN ICE and shall be of sufficient size to be readable at a distance of not less than 150 feet, and shall be visible from all directions and shall be equipped with reflectors and color-coded in a pattern unique for this purpose only. The department of safety is hereby authorized to establish said unique design and coloring and any homemade copies shall follow this design and coloring. The provisions of this section shall be enforced by any law enforcement agency under the direction of the department of safety pursuant to RSA 106-A:14 and the department of fish and game pursuant to RSA 206:26.
Source. 1973, 321:1, eff. Nov. 1, 1973. 2019, 37:1, eff. July 14, 2019.
Section 270:34
270:34 Registration Required. –
Any person operating or hereinafter operating any such agitating or heating device which tends to inhibit the natural production of ice on public waters must obtain a registration to be designed and distributed by the department of safety, from the municipal clerk of the town in which such device shall be operated and said registration shall contain the name and address of owner and the location of said device. A permanent file of such registrations shall be kept by municipal clerks and a fee of $.50 per registration may be charged.
Source. 1973, 321:1, eff. Nov. 1, 1973.
Section 270:35
270:35 Penalty. –
Any person seeking to operate a device tending to inhibit the natural production of ice on public waters in violation of this subdivision shall be, if a natural person, guilty of a violation and if any other person, guilty of a misdemeanor, and the activity enjoined by the court on grounds of public or private nuisance constituting a hazard to public or private safety.
Source. 1973, 321:1, eff. Nov. 1, 1973.
Motorboat Noise Levels
Section 270:36
270:36 Definitions. –
In this subdivision:
I. "Director" means the director of the division of state police.
II. "Marine engine" means a motor, including an outboard motor, suitable for the propulsion of a boat upon water.
Source. 1976, 6:1, eff. April 28, 1976. 2011, 224:252, eff. July 1, 2011.
Section 270:37
270:37 Decibel Limits on Noise. –
I. No person may operate, sell, or offer for sale any marine engine which is capable of being operated in a manner which exceeds the following noise levels measured under any testing procedure established pursuant to rules adopted under RSA 270:39:
(a) For a marine engine manufactured in or before 1990, a noise level of 90 decibels when subjected to stationary testing.
(b) For a marine engine manufactured after December 31, 1990, a noise level of 88 decibels when subjected to stationary testing.
(c) For a marine engine manufactured in or before 1990, a noise level of 84 decibels on the "A" scale, measured at 50 feet.
(d) For a marine engine manufactured after December 31, 1990, a noise level of 82 decibels on the "A" scale, measured at 50 feet.
II. The director or the director's agent may order the operator or owner of any boat which he or she has articulable suspicion to believe is capable of being operated in a manner which exceeds the decibel limits contained in this section to subject the boat to one or more noise level testing procedures as provided in this subdivision or to inspection of the engine and mechanical systems for violations of this section or RSA 270:25.
III. A boat owner or operator shall submit a boat which is the subject of an order by the director or the director's agent pursuant to RSA 270:37, II to noise level testing by the director or the director's agent immediately or at the time and location designated by the director or the director's agent. No person shall operate the boat after the time designated until it is subjected to such noise level testing or engine and mechanical system inspection.
IV. The director or the director's agent may prohibit the operator or owner of any boat which fails a noise level testing procedure from operating the boat until the boat successfully passes the procedure. No person shall operate a boat contrary to such an order of the director.
V. Pursuant to the penalties imposed under RSA 270: 41-a, any person convicted of violating this section shall be fined not less than $250. No portion of any fine imposed under this section shall be suspended or reduced by the court.
Source. 1976, 6:1. 1977, 140:1. 1987, 370:5. 1989, 209:1. 2006, 234:2, eff. June 1, 2006.
Section 270:37-a
270:37-a Stationary Sound Level Testing Authorized. –
I. The director or the director's agent may use stationary sound level testing to determine marine engine noise levels for boats. Such testing shall be conducted while boats are stationary on the water according to test SAE J2005.
II. Noise levels in decibels for stationary sound level testing shall be established for a specific distance between the boat tested and the testing device, at levels which correlate with noise levels in decibels, as set forth in RSA 270:37.
III. Testing procedures for stationary sound level testing shall be measured according to procedures established pursuant to rules adopted under RSA 270:39.
IV. Any test conducted pursuant to this section shall be sufficient to establish a violation of RSA 270:37.
Source. 1989, 143:6. 2006, 234:3, eff. June 1, 2006.
Section 270:38
270:38 Certification of Marine Engines. –
Any marine engine manufactured after December 31, 1976 and offered for sale in this state shall be certified to the director as having been tested and found not to exceed the noise levels prescribed in RSA 270:37, I. An outboard motor shall be certified by the motor manufacturer. Any other marine engine shall be certified by the boat manufacturer if it is offered for sale in combination with a boat or by the engine manufacturer if it is not offered for sale in combination with a boat.
Source. 1976, 6:1. 2006, 234:4, eff. June 1, 2006.
Section 270:39
270:39 Rulemaking Authority. –
The commissioner of safety shall adopt rules, pursuant to RSA 541-A, relative to:
I. Testing procedures to determine marine engine noise levels.
II. Certification under RSA 270:38.
III. Testing procedures for stationary sound level testing, as authorized by RSA 270:37-a, to determine marine engine noise levels.
Source. 1976, 6:1. 1987, 124:6, I(c); 370:6, 9. 1989, 143:7, eff. May 17, 1989.
Section 270:40
270:40 Alteration of Marine Engines. –
No person may remove or alter the propulsion unit, the enclosure or any part of a marine engine or modify the mounting of a marine engine in or upon a boat in such a manner as to exceed the noise levels prescribed in RSA 270:37.
Source. 1976, 6:1, eff. April 28, 1976.
Section 270:41
270:41 Exceptions. –
This subdivision shall not apply to:
I. A motorboat competing under a permit issued by the director in a regatta, boat race, trial run for a speed record or official trial for a speed record during the time and in the designated area authorized by the permit.
II. A motorboat preparing for a race or regatta if the preparation is authorized by a permit issued by the director.
Source. 1976, 6:1, eff. April 28, 1976.
Section 270:41-a
270:41-a Penalty. –
Any person who violates the provisions of RSA 270:25, 270:37, or 270:40, or any person who owns a boat which is operated with his permission or assent in violation of RSA 270:25, 270:37, or 270:40 shall be guilty of a violation for a first offense and guilty of a misdemeanor for a subsequent offense within a calendar year.
Source. 1987, 370:7, eff. July 25, 1987.
Rafting of Boats
Section 270:42
270:42 Definitions. –
In this subdivision:
I. "Dinghy" means a boat primarily used as a means of travel to and from, and used only in conjunction with, the owner's principal boat.
II. "Lifeboat" means a boat principally used for rescue purposes and associated with a larger vessel.
III. "Occupied" means that the owner or person in charge of the boat is either on board the boat or in the water within 100 feet of the boat.
IV. "Raft" means any group of 2 or more boats which are stationary upon the waters of a lake or pond and which are congregated together, whether anchored, secured to one another, or adrift, provided that at least one of the boats in the group is occupied, and provided further that lifeboats and dinghies shall not be counted in determining whether a raft exists.
V. "Rafting" means forming or being a member of a raft.
VI. "Single boat" means a boat which is not a member of a raft.
Source. 1983, 314:2, eff. June 18, 1983.
Section 270:43
270:43 Rules; Enforcement. –
I. The commissioner of safety, pursuant to RSA 541-A, shall adopt rules which shall be binding on all persons owning, leasing or operating boats and which:
(a) Further define and regulate the practice of rafting of boats; and
(b) Designate prohibited locations or times, in or during which the size of rafts is limited and a minimum distance is required between boats and rafts in accordance with the provisions of RSA 270:44. Such prohibited locations and times shall include:
(1) The following locations on Lake Winnipesaukee, which shall be more specifically defined in such rules:
(i) The Kona mansion area, so-called, in the town of Moultonborough;
(ii) Small's cove, in the town of Alton; and
(iii) Wentworth cove, southwest of Governor's island bridge in the town of Gilford; and
(2) Such other locations and times as the commissioner of safety shall prescribe.
II. The provisions of this subdivision and the rules adopted under this section shall be enforced by any law enforcement officer having jurisdiction in the area in which any violation of such provisions or rules occurs or by the commissioner of safety and his duly authorized agents, who shall have all the powers of a peace officer in any county of the state regarding such enforcement.
Source. 1983, 314:2. 1987, 124:6, I(c), eff. July 1, 1987.
Section 270:44
270:44 Size of Rafts; Separation of Rafts and Single Boats. –
Except as otherwise provided in this subdivision, no person shall, in a prohibited location or at a prohibited time:
I. Form or allow the boat which he is operating or in charge of to be a member of a raft consisting of 3 or more boats;
II. Form or allow the boat which he is operating or in charge of to be a member of a raft if any part of such raft is:
(a) Less than 50 feet from any other raft; or
(b) Less than 50 feet from any occupied single boat which is stationary upon the waters of the same lake or pond.
III. Anchor a single boat and cause it to remain stationary upon the waters of a lake or pond other than momentarily if any part of such boat is:
(a) Less than 50 feet away from any raft; or
(b) Less than 25 feet away from any other single boat which is stationary upon the waters of such lake or pond.
Source. 1983, 314:2, eff. June 18, 1983.
Section 270:45
270:45 Exceptions. –
The provisions of RSA 270:44 shall not apply to:
I. Boats anchored or moored at marinas or yacht clubs or private docks with the owner's permission;
II. Boats involved in or attending a fireworks display, a boat parade, a boat race, or any other such public events as the director of state police may designate;
III. Boats which have converged at the direction of the director of state police or the executive director of fish and game or the agents of either in order to protect members of any threatened or endangered species of wildlife which the executive director of fish and game deems to be in immediate danger;
IV. Boats converged in any situation in which such convergence is necessary as an emergency measure to prevent injury to person or damage to property or in any other emergency situation in which immediate concerns for safety or health exist;
V. Any boat operated by a peace officer engaged in law enforcement;
VI. Lifeboats or dinghies;
VII. Sailboats operated by recognized youth groups under the direct control of a counselor or other responsible adult; or
VIII. Boats on any body of water of less than 400 acres, or on any estuary or tidal waters of the state.
Source. 1983, 314:2, eff. June 18, 1983. 2011, 224:253, eff. July 1, 2011.
Section 270:46
270:46 Penalty. –
A person shall be guilty of a violation if he:
I. Fails to comply with the provisions of this subdivision or any rule adopted thereunder;
II. Refuses to cooperate with a law enforcement officer in the determination of compliance with the provisions of this subdivision or any rule adopted thereunder; or
III. Refuses to move the boat which he is operating or in charge of in order to comply with the provisions of this subdivision or any rule adopted thereunder.
Source. 1983, 314:2, eff. June 18, 1983.
Section 270:46-a
270:46-a Boat Safety Course. –
I. In addition to any other penalty imposed, any person who is convicted of violating any of the following boating laws or rules of the division of state police shall be assessed an administrative penalty of $200 to be paid to the director of state police who shall forward such sum to the state treasurer for deposit in the navigation safety fund established under RSA 270-E:6-a:
(a) RSA 270:12-b, disobeying an officer.
(b) RSA 270:29-a, careless and negligent operation of boats.
(c) RSA 265-A:14, refusal of consent.
(d) RSA 265-A:2, II, operating or attempting to operate boats under the influence of liquor or drugs.
II. Any person who pays such penalty and who, within 6 months of conviction, completes at such person's own expense a boat safety classroom course as specified in rules adopted, under RSA 541-A, by the director of state police shall have his or her $200 refunded to him or her from the navigation safety fund by the director.
III. In addition to any other penalty imposed, any person who is convicted of violating any of the following boating laws or rules of the division of state police, and who has not already successfully completed an approved boating safety course shall complete a boat safety classroom course, at that person's own expense, within 6 months of conviction. Any person who fails to complete the boat safety classroom course within 6 months may be prevented from reregistering the boat:
(a) Laws or rules relative to speed limit, safe passage, or personal flotation devices.
(b) RSA 270:37, decibel limits on noise.
Source. 1988, 286:1. 1991, 369:2. 1992, 132:1; 257:4. 1993, 65:1. 2000, 52:2. 2002, 272:10. 2006, 260:27, eff. Jan. 1, 2007; 283:3, eff. Jan. 1, 2007. 2011, 224:254-256, eff. July 1, 2011.
Boating While Intoxicated; Implied Consent for Boaters
Section 270:47 to 270:58-b
270:47 to 270:58-b Repealed by 2006, 260:37, XXXIV, eff. Jan. 1, 2007. –
Mooring of Boats on Public Waters
Section 270:59
270:59 Definitions. –
In this subdivision:
I. "Director" means the director, division of state police, department of safety.
II. "Division" means the division of state police, department of safety.
III. "Mooring" when used as a noun, means a mooring anchor, or other fixed object or stationary point, with or without a mooring buoy together with attached chains, cables, ropes, and pennants and related equipment used for the purpose of securing watercraft.
IV. "Mooring anchor" means any anchor or weight which is designed to rest on the bed or to be buried in the bed of a navigable water body, which is designed to be attached by a chain, cable, rope, or other mechanism to a mooring buoy and which is designed to be left in position permanently or on a seasonal basis.
V. "Mooring area" means an area which has been designated as an appropriate location for a concentration of individually permitted moorings to be placed.
VI. "Mooring buoy" means any float or marker which is attached to a mooring anchor and either is suitable for attachment to a boat through the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor.
VII. "Mooring field" means any group of 5 or more moorings with individual moorings located according to a plan and maintained by an individual, organization, business, or governmental entity which is responsible for assignment of mooring locations and general supervision of the mooring field.
VIII. "Shorefront property" means any property recognized as a legal building lot by a municipality, having shore frontage on public waters. "Shorefront property" shall include:
(a) A lot on the public waters that is divided by a road so that the buildable portion of the lot is on the opposite side of the road from the public waters or divided by an exclusive right-of-way which has been acquired as a result of an eminent domain proceeding which resulted in the break or loss of property between the property owner's residence and shore frontage.
(b) A lot of record with not less than 50 feet of frontage. A lot with less than 50 feet of frontage may be included if the lot owner obtains the written consent of the abutting property owner that the abutting property may be included in the footage calculation. Such consent shall be signed by both parties, notarized and filed with the mooring application. Shorefront property shall not mean a deeded right-of-way, nor shall it mean lots not contiguous to the shore with any other type of legal shorefront access. For the purposes of this subdivision, property owned in common by condominium associations or other groups shall be deemed owned by the group and shall not convey any rights under this subdivision to its individual members.
IX. "Public mooring field" means a mooring field that is not a congregate mooring field.
X. "Congregate mooring field" means a mooring field dedicated to homogeneous use group.
XI. "Small mooring sites" means sites consisting of 2 to 4 moorings, inclusive.
Source. 1987, 324:1. 1989, 284:2, 3. 1995, 240:1, 2, eff. Aug. 18, 1995. 2011, 224:257, eff. July 1, 2011.
Section 270:60
270:60 Statement of Intent. –
I. The general court finds that:
(a) Water is a public resource held in trust by the state and that the state maintains jurisdiction to control the use of public waters for the greatest public benefit; and
(b) The public waters are a significant asset which enhance the well-being and lifestyle of the state's citizens, benefit the state's substantial tourist industry and the environment, and are a habitat for many fish and wildlife; and
(c) That undue proliferation of moorings is detrimental to the integrity of the state's waters and the public's enjoyment thereof.
II. The general court intends to establish through this subdivision a means of regulating the usage of moorings on public waters. Existing moorings may be permitted in their existing locations, provided such moorings comply with the provisions of this subdivision.
III. The general court does not intend, by passage of this legislation, to convey to, create for, or recognize any rights of shorefront property owners.
Source. 1987, 324:1, eff. May 25, 1987.
Section 270:61
270:61 Mooring Permit Required; Limitations. –
I. Any person erecting, installing, maintaining, or exercising control over a mooring on Lake Winnipesaukee; Lake Winnisquam; Squam Lakes; Newfound Lake; Ossipee Lake; and Lake Sunapee shall obtain a mooring permit from the division as provided in this subdivision.
II. Any person applying for a mooring permit shall:
(a) Demonstrate to the satisfaction of the director that a need for the mooring exists:
(1) Either by furnishing the director with proof of a boat registration for each mooring requested, or for persons owning boats not requiring registration, proof of boat ownership for each mooring requested; or by showing that circumstances exist which require that a mooring be available for intermittent or temporary use; and
(2) By verifying that no other viable and safe alternative exists for securing the boat in question; and
(b) Show to the satisfaction of the director that he has legal access over land to such mooring; and
(c) Show to the satisfaction of the director that such mooring will not be sold or leased except as provided in RSA 270:67; and
(d) Furnish any additional information required by the director to determine that a proposed mooring meets the requirements of this subdivision.
III. Unless a special exception is granted under RSA 270:65, or a mooring field or mooring area has been permitted under RSA 270:67 or 270:68, no more than one mooring shall be permitted adjacent to any shorefront property. This limitation shall apply regardless of the uses or permitted uses, number of owners or others with legal access, or type of ownership of that property, and shall not be construed to exempt any applicant from meeting all of the requirements of this subdivision.
IV. After July 1, 1989, the director or the director's agents shall remove or cause the removal of any mooring, and any boat that may be moored to it, on the lakes cited in paragraph I if it does not have the appropriate decal. Such removal shall be without the right to a prior hearing and at the expense of the owner of the mooring pursuant to RSA 270:66, IV.
V. It shall be illegal for a permittee, without approval of the division, to move or cause to be moved a mooring that has been approved in a particular location by the division.
VI. The department shall not deny a mooring permit to any person, or place any limitations on the type of craft permitted at a mooring, when reasonable need exists, there is no opposition from abutters, there is no evidence that the mooring will interfere with navigation, and the mooring is in compliance with RSA 270:64.
VII. An owner of shorefront property separated from the main water body by a manmade structure shall be granted a permit for a mooring on the main body of water if the need for the mooring is established and if the conditions of RSA 270:64, I are met.
Source. 1987, 324:1. 1989, 284:1; 368:4. 1995, 240:3. 1997, 21:1, 2. 2004, 257:22. 2008, 315:2, eff. Aug. 31, 2008.
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.
Section 270:62
270:62 Decal Issuance; Display; Replacement; Renewal; and Fee. –
I. The division shall issue a decal containing a control number for any mooring to any person who has completed the permit application procedure adopted pursuant to RSA 270:71 and met the requirements of this subdivision and applicable rules. A record of the issuance of the decal for a particular mooring shall be maintained by the division.
II. The decal shall be affixed to the mooring buoy according to rules adopted by the division under RSA 541-A.
III. If the decal is lost, destroyed, or removed from the mooring buoy, the owner shall notify the division as soon as possible and shall apply for a replacement decal.
IV. Any decal issued pursuant to this subdivision shall be valid until December 31 of each year. Decals shall be renewed prior to the use of the mooring in the following year.
V. A fee of $125 shall be charged for each initial decal issued pursuant to this subdivision which shall be deposited in the navigation safety fund established under RSA 270-E:6-a. An annual mooring fee of $50 for each mooring in a congregate mooring field and $25 for each mooring not in a congregate mooring field shall be charged for each decal renewed pursuant to this subdivision which shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
VI. A hearing shall not be required for the renewal of a permit for a congregate mooring field, unless there are changes in the permit or a hearing is requested after notice has been issued.
Source. 1987, 324:1. 1989, 284:6. 1995, 240:5. 1999, 193:5. 2006, 75:1, eff. Jan. 1, 2007.
Section 270:63
270:63 Transfer of Mooring Permits Prohibited. –
I. A mooring permit shall not be construed as ownership of any real or personal property and shall not be transferred to any other person or location by gift, sale, lease, or rent except as provided in RSA 270:67.
II. No person shall charge or be charged for the use of a mooring by any other person except as provided in RSA 270:67.
Source. 1987, 324:1, eff. Jan. 1, 1988.
Section 270:64
270:64 Moorings Prohibited. –
I. No mooring shall be located:
(a) In such a manner that it constitutes a hazard to the public safety because it interferes with or impedes, or could potentially interfere with or impede, navigation; or
(b) In such proximity to other moorings as to constitute a hazard to public safety; or
(c) In such a manner that it presents an unreasonable adverse effect on the environment, including but not limited to water quality, wildlife habitats, or natural areas; or
(d) In such a manner that it unreasonably interferes with other recreational uses of the water and adjacent land.
II. The director shall develop rules to carry out the purposes of this subdivision pursuant to RSA 270:71 and RSA 541-A.
III. The director shall consult with the fish and game department, the department of environmental services, or the office of planning and development to assist in the assessment required under subparagraph I(c).
Source. 1987, 324:1. 2004, 257:23, eff. July 1, 2004. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.
Section 270:64-a
270:64-a Docking, Mooring Prohibited. –
I. (a) No person shall dock, moor, make fast, or otherwise secure a vessel to a dock, mooring, or pier of another, knowing that the person is not licensed or privileged to do so.
(b) No person shall anchor within an approved congregate or public mooring field.
II. The commissioner of the department of safety may adopt rules pursuant to RSA 541-A relative to the operation, mooring or anchoring of commercial and construction vessels and barges.
III. No person shall cause a vessel that he is operating or otherwise in control of, to remain secured in violation of this section in defiance of an order to move such vessel or have such vessel removed, which was personally communicated to him, whether verbally or in writing by the owner or authorized agent of the owner of the structure or other property or by a peace officer.
IV. For the purpose of this section, the commissioner of safety or any peace officer with jurisdiction, may impound any vessel found to be in violation of this section or may order the removal and storage at a place of safekeeping of any such vessel. All reasonable charges of such impoundment, removal and storage shall be a lien against the boat.
V. Any person who violates the provisions of this section or any rules adopted under this section shall be guilty of a violation for a first offense and a misdemeanor for any subsequent offense.
Source. 1991, 369:5. 1995, 240:4, eff. Aug. 18, 1995.
Section 270:65
270:65 Special Exceptions. –
The division of state police shall propose rules to develop standards for granting special exceptions for the placement of from 2 to 4 moorings adjacent to a shorefront property. The placement of 5 or more moorings adjacent to a shorefront property shall require approval pursuant to RSA 270:67, I and II.
Source. 1987, 324:1. 2003, 319:9. 2004, 257:24, eff. July 1, 2004. 2011, 224:258, eff. July 1, 2011.
Section 270:66
270:66 Removal of Moorings; Powers of Director. –
I. The director or his agents shall remove or cause the removal of, or shall move or cause the moving of, any mooring, mooring component, or boat attached to it, or any combination thereof, which:
(a) Is in violation of RSA 270:63; or
(b) Is in violation of RSA 270:64; or
(c) Does not bear the decal required under RSA 270:62; or
(d) Constitutes a hazard to public safety because of the manner in which it is constructed or maintained; or
(e) Bears a permit which was obtained by falsification in the permit application process; or
(f) Is ordered removed pursuant to RSA 270:69; or
(g) Is in violation of RSA 270:61, IV or V.
II. The director or his agents shall remove or cause the removal of a mooring and any boat attached to it when the removal of the mooring, mooring component, or boat is authorized under paragraph I. The person who controls the mooring shall have the right to request a hearing before the commissioner of the department of safety pursuant to RSA 270:69.
III. The owner of record of the boat or mooring, if known, shall be notified, by the director or his agents, of the removal, by certified mail with return receipt requested, within 5 days of removal. The owner may file an application for appeal within 10 days after receipt of notification of removal of the boat or mooring. A hearing shall be held within 30 days of filing the application for appeal.
IV. Any boat or mooring which is removed pursuant to paragraph I shall be stored in a safe place and the owner shall be notified. Before he may reclaim a boat which has been removed pursuant to paragraph I, the owner shall reimburse the person who removes the boat for any costs incurred in transporting and storing the boat.
Source. 1987, 324:1. 1989, 284:5, eff. May 29, 1989; 368:1, eff. June 5, 1989. 2019, 80:1, eff. Aug. 17, 2019.
Section 270:67
270:67 Public and Congregate Mooring Fields; Permit Required. –
I.
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.
Source. 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.
Section 270:68
270:68 Mooring Areas; Designation. –
I. The division shall determine the need and suitable locations, size, and configuration for mooring areas. The director shall designate appropriate mooring areas and assign mooring sites within such designated areas to individuals who meet all other requirements of this subdivision and can demonstrate a need for a site in such area. All designated mooring areas shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvements programs of the adjacent municipality.
II. Any mooring which does not comply with the specifications of this section may be subject to removal at the owner's expense.
Source. 1987, 324:1. 2003, 319:9. 2004, 257:26, eff. July 1, 2004.
Section 270:69
270:69 Appeals. –
The commissioner of the department of safety shall hear and decide appeals of any decisions made under this subdivision. The commissioner shall conduct appeals hearings according to the provisions of RSA 541-A for adjudicative proceedings.
Source. 1987, 324:1, eff. May 25, 1987. 2019, 80:2, eff. Aug. 17, 2019.
Section 270:70
270:70 Liability. –
Nothing in this subdivision shall relieve the holder of a mooring permit from liability relating to water pollution, accidents, or other liabilities associated with a mooring or boat ownership.
Source. 1987, 324:1, eff. Jan. 1, 1988.
Section 270:71
270:71 Rulemaking. –
I. The director of the division shall adopt rules under RSA 541-A relative to:
(a) The content and design of all forms and permits necessary under this subdivision.
(b) The method of filing applications for mooring permits and standards to be met pursuant to RSA 270:64.
(c) Procedures for the issuance, renewal, and replacement of decals.
(d) The proper placement of decals on a mooring buoy.
(e) The use, design, weight or size, construction, lighting, placement (including safe spacing), and required maintenance of individual moorings.
(f) Procedures and criteria for identifying the location and size of public and congregate mooring fields.
(g) The use, operation, design, maintenance, and lighting of mooring areas, taking into account variations in factors including but not limited to water depth, shoreline configuration, wind exposure, domestic water use in the area, other environmental conditions and effects, and other similar factors. These rules shall include the placement of individual moorings within areas, the configuration and design of grid positions, and minimum distances between individual moorings.
(h) Procedures for designating mooring areas.
(i) Criteria to determine when an applicant:
(1) has a need for a mooring; and
(2) has legal access over land; and
(3) does not intend to sell or lease moorings, except as provided in RSA 270:67, II.
(j) The enforcement of this subdivision, including methods and time of inspections of moorings.
(k) Classifying permits according to length and weight of the boat.
II. The office of planning and development and the department of environmental services shall review these rules and make recommendations to the division.
III. The director shall initiate the rulemaking process required by this subdivision by December 1, 1987.
Source. 1987, 324:1. 1989, 284:7. 1996, 228:47; 296:38. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.
Section 270:72
270:72 Penalties. –
I. Except as provided in paragraph II, any person violating the provisions of this subdivision shall be guilty of a violation for the first offense and guilty of a misdemeanor for any additional offenses.
II. Any person who steals or falsifies a decal issued under RSA 270:62 shall be guilty of a misdemeanor.
III. The director may deny an application for a subsequent mooring permit to any person found to have violated the provisions of this subdivision.
IV. Any person who moors or attaches a boat or vessel to a mooring which has not received a permit pursuant to this subdivision shall be guilty of a violation for the first offense and guilty of a misdemeanor for a subsequent offense.
Source. 1987, 324:1. 1989, 284:8, eff. May 29, 1989.
Section 270:72-a
270:72-a Toilet Facilities Required. –
All commercial establishments that offer public docking or launching facilities and sell food or fuel to boat users shall provide toilet facilities to such users.
Source. 1993, 56:1, eff. July 1, 1993.
Anchored Seasonal Platforms
Section 270:72-b
270:72-b Definitions. –
In this subdivision:
I. "Anchored seasonal platform" means a seasonal platform, inflatable platform, float, or device attached to such platform, inflatable platform, or float, that is attached by chains, cables, ropes, or related equipment to a fixed object or stationary point, or that is attached to an anchor or weight which is designed to rest on the bed or to be buried in the bed of a navigable body of water.
II. "Director" means the director, division of state police, department of safety.
III. "Division" means the division of state police, department of safety.
IV. "Shorefront property" means any property abutting public waters of the state. "Shorefront property" shall include:
(a) A lot on the public waters that is divided by a road so that the lot is on the opposite side of the road from the public waters or divided by an exclusive right-of-way which has been acquired as a result of an eminent domain proceeding which resulted in the break or loss of property between the property owner's residence and shore frontage.
(b) A lot of record with not less than 25 feet of frontage.
(c) Shorefront property shall not mean a deeded right-of-way, nor shall it mean lots not contiguous to the shore with any other type of legal shorefront access. Property owned in common by associations and other groups shall be deemed owned by the group and shall not convey any rights to individual members of such group.
Source. 2021, 181:1, eff. Jan. 1, 2022.
Section 270:72-c
270:72-c Anchored Seasonal Platform; Limitations. –
I. No person shall erect, install, maintain, or exercise control over an anchored seasonal platform on the public waters of the state who is not the legal owner of the adjacent shorefront property except as authorized in paragraph III below.
II. Any person erecting, installing, maintaining, or exercising control over an anchored seasonal platform on any public body of water shall attach his or her name and contact information to any such seasonal platform as provided in this subdivision and in accordance with rules established under RSA 270:72-g.
III. Seasonal platforms installed on public waters that support a local, state, or federal government agency, an agency's sub-contractors, or a conservation group engaged in the non-recreational activities may be installed provided the platform meets the minimum requirements established in RSA 270:72-d.
Source. 2021, 181:1, eff. Jan. 1, 2022.
Section 270:72-d
270:72-d Anchored Seasonal Platform Location. –
I. No anchored seasonal platform shall be located:
(a) In such a manner that it constitutes a hazard to the public safety because it interferes with or impedes, or could potentially interfere with or impede, navigation; or
(b) In such proximity to moorings or to other anchored seasonal platforms as to constitute a hazard to public safety; or
(c) In such a manner that it presents an unreasonable adverse effect on the environment, including but not limited to water quality, wildlife habitats, or natural areas; or
(d) In such a manner that it unreasonably interferes with other recreational uses of the water and adjacent land.
II. The director shall develop rules for the purposes of this subdivision pursuant to RSA 541-A and RSA 270:72-g.
Source. 2021, 181:1, eff. Jan. 1, 2022.
Section 270:72-e
270:72-e Removal of Anchored Seasonal Platforms; Powers of Director. –
I. The director or his or her agents shall remove or cause the removal of, or shall move or cause the moving of, any anchored seasonal platform, which:
(a) Is in violation of RSA 270:72-d; or
(b) Does not bear the legible owner's name and legible contact information as required under RSA 270:72-c; or
(c) Constitutes a hazard to public safety because of the manner in which it is constructed or maintained.
II. The owner of record of the anchored seasonal platform, if known, shall be notified by the director or his or her agents of the removal or relocation, by certified mail with return receipt requested, within 10 days of removal or relocation.
III. Any anchored seasonal platform which is removed pursuant to paragraph I or is found adrift shall be stored in a safe place and the owner shall be notified. The owner shall reimburse the state or agent of the state for any costs incurred including the cost of removal, relocation, transporting, storing, and disposal of the platform.
IV. If a seasonal platform is removed or found adrift and the owner cannot be determined, it shall be stored for a period of at least 4 weeks to allow the owner the opportunity to reclaim the platform. The owner is responsible for reimbursing the state for all costs identified in paragraph III above.
Source. 2021, 181:1, eff. Jan. 1, 2022.
Section 270:72-f
270:72-f Liability. –
Nothing in this subdivision shall relieve the owner or installer of an anchored seasonal platform from liability relating to water pollution, accidents, or other liabilities associated with ownership of an anchored seasonal platform.
Source. 2021, 181:1, eff. Jan. 1, 2022.
Section 270:72-g
270:72-g Rulemaking. –
I. The director of the division shall adopt rules under RSA 541-A relative to:
(a) The use, design, weight or size, construction, labeling, lighting, placement including safe spacing, and required maintenance of individual anchored seasonal platforms.
(b) The enforcement of this subdivision.
(c) Controls of seasonal platforms of any local, state, or federal government agency, such an agency's sub-contractors, or to any conservation groups engaged in the non-recreational execution of their duties including, but not limited to, work related to law enforcement, bridge and road work, pollution control, the protection of fish and wildlife, or environmental studies.
Source. 2021, 181:1, eff. Jan. 1, 2022.
Section 270:72-h
270:72-h Penalty. –
Any person violating the provisions of this subdivision shall be guilty of a violation for the first offense and guilty of a misdemeanor for any additional offenses.
Source. 2021, 181:1, eff. Jan. 1, 2022.
Ski Craft
Section 270:73
270:73 Definitions. –
In this subdivision:
I. "Bureau" means the department of safety, bureau of hearings, established pursuant to RSA 21-P:13.
II. "Department" means the department of safety.
III. "Operator" means a person who operates or who has charge of the navigation or use of a ski craft.
IV. "Private boat" means a boat as defined in RSA 270:2, V, including a ski craft.
V. "Ski craft" means any motorized watercraft or private boat which is less than 13 feet in length as manufactured, is capable of exceeding a speed of 20 miles per hour, and has the capacity to carry not more than the operator and one other person while in operation. The term includes a jet ski, surf ski, fun ski, or other similar device. "Ski craft" does not include any watercraft or boat with twin hulls and which is greater than 11 feet long, greater than 5 feet wide, and powered by an outboard motor.
VI. "Watercraft" means a motorized ski craft, capable of being used as a means of transportation on or in the water, except a seaplane.
Source. 1988, 283:1. 2007, 161:1, eff. Jan. 1, 2008.
Section 270:74
270:74 Operation of Ski Craft. –
I. No person shall operate a ski craft on any lake, pond, or river unless the person is 16 years of age or older.
II. No person shall operate a ski craft on any lake, pond, or river between the hours of sunset and sunrise.
III. No person shall operate a ski craft unless he is wearing a personal floatation device which is Coast Guard approved type 1, 2, or 3.
IV. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited by law.
V. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited as a result of a hearing pursuant to RSA 270:74-a.
VI. No person shall operate a ski craft on a lake, pond, or river, or area thereof, in violation of a restriction imposed pursuant to RSA 270:74-a.
VII. No person shall operate a ski craft within 150 feet of another ski craft or of a boat, raft, float, or swimmer unless the speed of the ski craft is reduced to headway speed. No person shall operate a ski craft in a cove, as designated by the commissioner, or within 300 feet of shore, except as provided in paragraph VIII or pursuant to RSA 270:74-a, V. For the purpose of this paragraph "cove" is defined as a bay or inlet which at its widest point does not exceed 1,000 linear feet.
VIII. A person may operate a ski craft from the shore to any area where the operation of ski craft is allowed, provided that the ski craft shall not be operated at a speed exceeding headway speed within 300 feet from shore or in a cove as defined in RSA 270:74, VII and provided that the ski craft shall be operated in a direct line between the shore and the area where operation is allowed.
IX. A person may operate a ski craft on the lakes, ponds, and rivers of the state except in areas which are prohibited by the department and those lakes, ponds, and rivers specifically prohibited by RSA 270:75-109 and other legislative acts.
X. A person who violates any of the provisions of this section shall be guilty of a violation.
Source. 1988, 283:1. 1989, 409:1, eff. June 5, 1989.
Section 270:74-a
270:74-a Hearings. –
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.
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.
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:
(a) The impact of ski craft on the environment, the shoreline and wildlife.
(b) The surface area of the lake, pond, or river being considered.
(c) The use or uses which have been established on the lake, pond, or river.
(d) The depth of the water.
(e) The amount of water-borne traffic.
(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.
(g) Whether a determination is necessary to ensure the safety of persons and property.
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.
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.
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.
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.
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.
Section 270:74-b
270:74-b Reckless Operation of Ski Craft; Modification of Muffler or Engine Prohibited. –
I. In addition to the provisions of RSA 270:29-a, no person shall operate a ski craft in a careless or negligent manner, or in a manner which unreasonably or unnecessarily endangers life, limb or property, including but not limited to, weaving through congested watercraft traffic and swerving at the last moment to avoid collision. Any person who violates this paragraph shall be guilty of a misdemeanor.
II. In addition to the provisions of RSA 270:40, no person shall modify or alter the muffler system or engine of ski craft so as to exceed the noise levels prescribed in RSA 270:37. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1989, 409:2, eff. June 5, 1989.
Section 270:74-c
270:74-c Personal Water Craft. –
I. In this section, "personal water craft" means a motor boat 16 feet or less in length that is propelled by jet pump, not propellers, where the operator and riders stand, kneel, straddle, or sit on, rather than inside, the craft.
II. No person shall operate a personal water craft at more than headway speed within 300 feet of any marsh land or flat in the Hampton/Seabrook estuary, within 300 feet of the Rye marsh areas to include Witch Creek, Seavey Creek, Berry's Brook, Parson's Creek, Awcomin Marsh, and Rye Harbor Marsh, or within the New Castle Goat Island Back Channel Mooring Field as defined in rules adopted by the Pease Development Authority Pda 500, or that area marked between Shapleigh Island and Goat Island to Red Nun #4 to the Wentworth Bridge, to include the areas around Pest, Leaches, and Clampit Islands, without regard to tide height, or the landing in Hampton Falls to Hampton. Such watercraft shall stay in marked channels. This paragraph shall not apply to water craft operated by police, fire, or other emergency services.
Source. 2019, 52:1, eff. June 5, 2019. 2022, 162:1, eff. June 7, 2022.
Restrictions on Boating
Section 270:75
270:75 State and Municipal Employees. –
I. The provisions of this subdivision shall not apply to the use of outboard motor or power boats by state employees when essential to the discharge of their official duties in an emergency or other extraordinary situation.
II. The provisions of this subdivision shall not apply to municipal employees engaged in emergency rescue operations.
Source. 1989, 339:2, eff. Jan. 1, 1990. 2015, 86:1, eff. Jan. 1, 2016.
Section 270:76
270:76 Lake Whittemore, Abbott Forest Pond in Stoddard, and Tolman Pond in Nelson. –
No person shall use or operate any motorboat or other boat equipped with an outboard motor on the waters of Lake Whittemore in the town of Bennington, Abbott Forest Pond in the town of Stoddard, or Tolman Pond in the town of Nelson. Whoever violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:77
270:77 Squam Lake, Conway Lake, Silver Lake in Madison, and Perkins Pond in Sunapee. –
No person shall at any time place in or upon, or use, or operate upon, Squam Lake, Conway Lake, Silver Lake in Madison, or Perkins Pond in Sunapee any houseboat. Whoever violates any provision of this section shall be guilty of a violation. Boards of health and health officers of towns abutting said lakes shall have power and authority to enforce the provisions of this section.
Source. 1989, 339:2, eff. Jan. 1, 1990. 2022, 108:1, eff. Jan. 1, 2023.
Section 270:78
270:78 Lucas Pond in Northwood. –
No person shall operate upon the waters of Lucas Pond in the town of Northwood any boat propelled by electric, naphtha, gasoline, steam or other mechanical power, including boats propelled by so-called outboard motors. Any person who operates a boat in violation of this section shall be guilty of a violation. Any fines collected under the provisions of this section shall be for the use of the town of Northwood.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:79
270:79 Otter Lake. –
No person shall use or operate any motorboat or other boat equipped with an outboard motor at greater than trolling speed, except in case of emergency or by special approval of the selectmen, on the waters of Otter Lake in the town of Greenfield. Whoever violates the provisions of this section shall be guilty of a violation. Any fines collected under this section shall be for the use of the town of Greenfield.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:80
270:80 Lee's Pond. –
No person shall use or operate any motorboat or other boat equipped with an outboard motor of more than 7.5 horsepower on the waters of Lee's Pond in the town of Moultonborough. Whoever violates any of the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:81
270:81 Big and Little Cherry Ponds in Jefferson. –
No person shall use or operate any motorboat or other boat equipped with an outboard motor on the waters of the Big Cherry Pond or Little Cherry Pond in the town of Jefferson. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:82
270:82 Willard Pond. –
No person shall use or operate any boat equipped with a petroleum-powered motor upon the waters of Willard Pond in Antrim. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:83
270:83 Chocorua Lake. –
No person shall use, operate, or have aboard or attached to any boat as defined in RSA 265-A:1, II a petroleum- or electric-powered inboard or outboard motor, or any other type of power motor, upon the waters of Chocorua Lake in Tamworth. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2. 1997, 205:1. 2006, 260:28, eff. Jan. 1, 2007.
Section 270:84
270:84 Mirror Lake. –
No person shall use or operate any motorboat or any boat equipped with an outboard motor upon the waters of Mirror Lake in the town of Woodstock. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:85
270:85 Berry Pond. –
No person shall use or operate any motorboat or other boat equipped with an outboard motor on the waters of Berry Pond in the town of Moultonborough. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:86
270:86 Jericho Pond. –
No person shall use or operate any boat equipped with a petroleum-powered motor on the waters of Jericho Pond in the city of Berlin. Use of electric-powered motors are authorized with a manufacturer's rated capacity not to exceed 3 horsepower, and no person shall exceed a headway speed of 5 miles per hour on Jericho Pond. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:87
270:87 Smith Meeting House Pond and Rollins Pond. –
No person shall operate any boat equipped with a petroleum-powered motor upon the waters of Smith Meeting House Pond and Rollins Pond in the town of Gilmanton. Whoever violates any of the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:88
270:88 Brindle Pond. –
No person shall operate any boat equipped with a petroleum-powered motor upon the waters of Brindle Pond in Barnstead. Any person violating any of the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:89
270:89 Cocheco River. –
No person shall use or operate any motorboat or any boat equipped with an outboard motor with a manufacturer's rated capacity in excess of 7.5 horsepower, nor shall any person exceed a headway speed of 10 miles per hour with any motorboat equipped with an outboard motor upon the waters of the Cocheco River within the city limits of Rochester. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:90
270:90 Merrymeeting River. –
No person shall use or operate a boat equipped with a petroleum-powered motor of in excess of 6 horsepower at a speed in excess of 6 miles per hour upon the waters of the Merrymeeting River between the state fish hatchery located at New Durham and the dam located in the town of Alton. Whoever violates any of the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:91
270:91 Mount William Pond. –
No person shall operate any boat or like watercraft powered by motor using petroleum or petroleum products upon the waters of Mount William Pond in the town of Weare. If any person shall violate a provision of this section, he shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:92
270:92 Lougee Pond. –
No person may use or operate any boat equipped with a petroleum-powered motor or any boat equipped with a motor of more than 5 horsepower upon the waters of Lougee Pond in the town of Barnstead. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:93
270:93 Big Pea Porridge Pond; Internal Combustion Engine. –
No person shall use or operate any powerboat equipped with an internal combustion engine on the open waters of Big Pea Porridge Pond in the towns of Madison and Conway. Whoever violates this section shall be guilty of a violation.
Source. 1989, 339:2. 1991, 33:1, eff. June 18, 1991.
Section 270:94
270:94 White Oak Pond. –
No person shall use or operate any motorboat or any boat equipped with an outboard motor in excess of 7.5 horsepower upon the waters of the White Oak Pond in the town of Holderness; provided, however, on August 30, 1977, the contiguous property owners of the pond, who own and operate outboard motors in excess of 7.5 horsepower on said pond, may continue to do so until their outboard motor is replaced, at which time said motor shall not exceed 7.5 horsepower. Whoever violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:95
270:95 Grafton Pond. –
No person shall use or operate any powerboat equipped with any type of power motor in excess of 6 horsepower upon Grafton Pond in the town of Grafton. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:96
270:96 Spectacle Pond. –
I. No person shall use or operate any powerboat equipped with any petroleum-powered motor upon the waters of Spectacle Pond in the towns of Groton and Hebron; provided, however, that the contiguous property owners of the pond who own and operate petroleum-powered motors not in excess of 7.5 horsepower on said pond may continue to do so for the duration of their ownership of the property and the boat upon application and demonstration of hardship to the department of safety as provided in paragraph II. The use of these permitted petroleum-powered motor boats shall be limited to travel to and from the public landing and the owner's property.
II. The department of safety may, upon application, issue hardship permits to persons with a disability as defined in RSA 275-C:1, II and to landowners whose property abuts Spectacle Pond and is not served by an access road.
III. The operator of the exempted boat shall present such a permit to anyone who requests to inspect it.
IV. The department of safety shall enforce the ban of petroleum-powered motorcraft on Spectacle Pond in the towns of Groton and Hebron. Whoever violates any provisions of this section shall be guilty of a violation.
Source. 1989, 339:2. 1990, 140:2, VIII. 2007, 72:1, eff. June 11, 2007.
Section 270:97
270:97 Iona Lake. –
No person shall use or operate any powerboat equipped with any type of power motor in excess of 10 horsepower upon Iona Lake in the town of Albany. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:98
270:98 Middle Pea Porridge Pond. –
No person shall use or operate any powerboat equipped with an internal combustion engine on the open waters of Middle Pea Porridge Pond in the town of Madison. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:99
270:99 Wakondah Pond. –
No person shall use or operate any powerboat equipped with an internal combustion engine on the open waters of Wakondah Pond in the town of Moultonborough. Use of electric-powered motors is authorized. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:100
270:100 School Pond. –
No person shall use or operate any powerboat equipped with an internal combustion engine on the open waters of School Pond in the town of Danbury. Use of electric-powered motors is authorized. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:101
270:101 Marchs Pond and Chalk Pond. –
I. No person shall use or operate any powerboat equipped with any type of power motor in excess of 5 horsepower upon Marchs Pond or Chalk Pond in the town of New Durham.
II. No person shall use or operate jet skis on Marchs Pond or Chalk Pond.
III. Notwithstanding the provisions of paragraph I, the Easter Seals camp may operate a motorized boat in excess of 5 horsepower on Marchs Pond.
IV. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:102
270:102 Pine River Pond. –
No person shall use or operate jet skis on Pine River Pond in the town of Wakefield. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:103
270:103 Hermit Lake. –
No person shall use or operate any powerboat equipped with any type of power motor in excess of 10 horsepower upon Hermit Lake in the town of Sanbornton. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:104
270:104 Clarksville Pond. –
No person shall operate any boat equipped with a petroleum-powered motor upon the waters of Clarksville Pond in the town of Clarksville. Any other type of power motor used on Clarksville Pond shall not develop more than trolling speed. Whoever violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:105
270:105 Spectacle Pond. –
No person shall use or operate any powerboat equipped with any type of power motor in excess of 10 horsepower upon Spectacle Pond in the towns of Enfield and Grafton. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:106
270:106 Long Pond. –
I. No person shall use or operate any powerboat equipped with any type of power motor in excess of 10 horsepower upon Long Pond in the town of Northwood.
II. Any person who violates this section shall be guilty of a violation.
III. The provisions of this section shall not take effect until 2 years after the date on which the state is granted deeded public access to Long Pond in the town of Northwood.
Source. 1989, 339:2. 1991, 317:1, eff. June 28, 1991.
Section 270:107
270:107 Little Diamond Pond. –
I. No person shall use or operate any boat equipped with a power motor in excess of 10 horsepower on Little Diamond Pond in the town of Stewartstown.
II. If the test conducted on Little Diamond Pond in the summer of 1988 indicates oil pollution as a result of petroleum-powered motors, all petroleum-powered motors shall be banned on such pond as of January 1, 1989, and only electric-powered motors shall be permitted on such pond.
III. The department of environmental services shall determine from the test results whether or not oil pollution has resulted from petroleum-powered motors. The department of environmental services shall notify the department of natural and cultural resources whether or not such pollution is found and the department of natural and cultural resources shall post the pond as appropriate.
IV. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990. 2017, 156:14, I, eff. July 1, 2017.
Section 270:108
270:108 Certain Coves on Squam Lake. –
No person shall waterski within Rattlesnake Cove or Inner and Outer Squaw Coves on Squam Lake. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:109
270:109 White Pond and Duncan Lake. –
No person shall operate any powerboat at a speed in excess of 6 miles per hour on White Pond or Duncan Lake in the town of Ossipee. Any person who violates this section shall be guilty of a violation.
Source. 1989, 339:2, eff. Jan. 1, 1990.
Section 270:110
270:110 Upper Kimball Pond. –
I. No person shall use or operate any powerboat equipped with any type of power motor in excess of 10 horsepower upon Upper Kimball Pond in the town of Chatham.
II. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1989, 84:1, eff. June 30, 1989.
Section 270:111
270:111 Waukeena Lake. –
No person shall use or operate any boat equipped with a petroleum-powered motor upon the waters of Waukeena Lake in the town of Danbury. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1989, 152:1, eff. July 16, 1989.
Section 270:112
270:112 Willand Pond. –
No person shall operate any vehicle or boat equipped with an internal combustion engine on the ice or open waters of Willand Pond in the cities of Somersworth and Dover. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1989, 223:1, eff. July 23, 1989.
Section 270:113
270:113 Canaan Street Lake. –
No person shall use or operate a ski craft, as defined in RSA 270:73, V, or a hovercraft, as defined in RSA 270:2, VIII, on Canaan Street Lake in the town of Canaan. Any person who violates this section shall be guilty of a violation.
Source. 1989, 333:1, eff. Aug. 1, 1989.
Section 270:114
270:114 Bradley Lake. –
No person shall use or operate any petroleum-powered boat equipped with any type of petroleum-powered motor in excess of 30 horsepower upon Bradley Lake in the town of Andover. Any person who violates this section shall be guilty of a violation.
Source. 1989, 328:1, eff. Aug. 1, 1989.
Section 270:115
270:115 Connecticut River. –
The department of safety, division of state police, shall post at all boat launching sites on the Connecticut River, within the jurisdiction of the state, a speed limit of headway speed within 150 feet of the shoreline. Any person who violates the posted speed limits shall be guilty of a violation.
Source. 1989, 359:1, eff. Aug. 1, 1989. 2011, 224:262, eff. July 1, 2011.
Section 270:116
270:116 Spofford Lake. –
No person shall use or operate any powerboat, motorboat, or boat equipped with any type of power motor at a rate of speed exceeding 40 miles per hour during daylight hours and 20 miles per hour during night hours on the waters of Spofford Lake in the town of Chesterfield. As used in this section, "daylight hours" means the hours between 1/2 hour before sunrise and 1/2 hour after sunset and "night hours" means the hours 1/2 hour after sunset and 1/2 hour before sunrise. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1989, 358:1, eff. Aug. 1, 1989.
Section 270:117
270:117 Christine Lake. –
No person shall use or operate any powerboat equipped with any type of power motor in excess of 10 horsepower on Christine Lake in the town of Stark. Any person who violates this section shall be guilty of a violation.
Source. 1989, 351:1, eff. Aug. 1, 1989.
Section 270:118
270:118 Indian Pond. –
I. No person shall use or operate any power boat with any type of powermotor in excess of 6 miles per hour upon Indian Pond in the town of Orford.
II. Any person who violates this section shall be guilty of a violation.
Source. 1989, 329:1, eff. Aug. 1, 1989.
Section 270:119
270:119 Wilson Lake. –
The use or operation of petroleum-powered boats is prohibited on Wilson Lake in the town of Salem. Any person violating this section shall be guilty of a violation.
Source. 1989, 373:1, eff. Aug. 4, 1989.
Section 270:120
270:120 Connecticut River. –
I. Notwithstanding any other law to the contrary, no person shall use or operate any motorboat or any boat equipped with an outboard motor in excess of headway speed of 6 miles per hour upon the waters of the Connecticut River between the Ledyard Bridge in Hanover and a line across the river a distance of 2,500 feet to the north of the Ledyard Bridge.
II. No person shall operate a motorboat or any boat equipped with an outboard motor in the area described in paragraph I while towing a person, whether or not that person is using waterskis, an aquaplane, or any other similar device.
III. The provisions of this section shall not apply to a motorboat or any boat equipped with an outboard motor that is used in the area described in paragraph I as follows:
(a) By state or town employees for patrolling the area;
(b) By any person in the case of an emergency rescue activity;
(c) By any person in connection with coaching of rowing; or
(d) By any person during boat personnel training and boating meets.
IV. Any person who violates this section shall be guilty of a violation.
Source. 1990, 93:1, eff. June 12, 1990.
Section 270:121
270:121 Piscataquog River. –
No person shall use or operate any powerboat in excess of 40 miles per hour 1/2 hour before sunrise to 1/2 hour after sunset or in excess of headway speed from dusk to dawn on the Piscataquog River in the town of Goffstown and the city of Manchester. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1990, 145:1, eff. June 18, 1990.
Section 270:122
270:122 Lake Katherine. –
No person shall use or operate a boat equipped with any type of petroleum-powered motor in excess of 5 horsepower on Lake Katherine in the town of Piermont. Whoever violates this section shall be guilty of a violation.
Source. 1990, 176:1, eff. June 26, 1990.
Section 270:123
270:123 Garland Pond. –
No person shall use or operate a boat or any other watercraft equipped with any type of power motor, except an electric motor not in excess of 5 horsepower, on Garland Pond in the town of Moultonborough. Any person who violates this section shall be guilty of a violation.
Source. 1990, 269:1, eff. April 28, 1990.
Section 270:124
270:124 Tewksbury Pond. –
No person shall use or operate any boat equipped with any type of petroleum-powered motor on Tewksbury Pond in the town of Grafton. Any person who violates this section shall be guilty of a violation.
Source. 1991, 137:1, eff. Jan. 1, 1992.
Section 270:125
270:125 Goose Pond. –
No person shall use or operate a boat or any other watercraft equipped with any type of power motor on Goose Pond in the city of Keene. Any person who violates this section shall be guilty of a violation.
Source. 1993, 94:1, eff. Jan. 1, 1994.
Section 270:126
270:126 Turee Pond. –
No person shall use or operate any powerboat equipped with any type of power motor in excess of 10 horsepower on Turee Pond in the town of Bow. Any person who violates this section shall be guilty of a violation.
Source. 1993, 94:1, eff. Jan. 1, 1994.
Section 270:127
270:127 Spoonwood Pond. –
No person shall operate any boat equipped with any motor, except an electric motor with 50 pounds or less of thrust and a power source of 24 volts or less, on Spoonwood Pond in the town of Nelson. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1994, 39:1, eff. June 27, 1994.
Section 270:128
270:128 Flint Pond. –
No person shall use or operate any boat equipped with a petroleum-powered motor on Flint Pond in the town of Hollis. Use of electric-powered motors with a manufacturer's rated capacity not in excess of 3 horsepower is authorized. No person shall exceed a headway speed of 5 miles per hour on Flint Pond. Any person who violates this section shall be guilty of a violation.
Source. 1995, 83:1, eff. July 15, 1995.
Section 270:129
270:129 Little Dan Hole Pond. –
No person shall use or operate any boat equipped with a petroleum-powered motor on Little Dan Hole Pond in the town of Ossipee. Use of electric-powered motors with a manufacturer's rated capacity not in excess of 5 horsepower is authorized. No person shall exceed a headway speed of 5 miles per hour on Little Dan Hole Pond. Any person who violates this section shall be guilty of a violation.
Source. 1997, 6:1, eff. Jan. 1, 1998.
Section 270:130
270:130 Ledge Pond. –
No person shall use, operate, or have aboard or attached to any watercraft or motorboat, a petroleum-powered inboard or outboard motor upon the waters of Ledge Pond in Sunapee. A person may operate a boat propelled solely by an electric-powered motor on Ledge Pond. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1998, 61:1, eff. May 12, 1998.
Section 270:131
270:131 Head's Pond. –
No person shall use or operate any watercraft, as defined in RSA 270:73, or powerboat equipped with a gas-powered internal combustion engine on the open waters of Head's Pond in the town of Hooksett. The use of electric-powered motors is authorized. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 2006, 161:1, eff. May 23, 2006.
Section 270:132
270:132 Silver Lake. –
The division of state police shall institute a no wake order encompassing all of Silver Lake whenever the department of environmental services gauging station on Silver Lake measures 467.0 feet or more above sea level. The order shall remain in effect until the measure falls below 467.0 feet.
Source. 2007, 179:6, eff. Jan. 1, 2008. 2011, 224:263, eff. July 1, 2011.
Commission to Study Wake Boats
Section 270:133
270:133 Repealed by 2019, 77:2, effective June 30, 2020. –