CHAPTER
Env-Wt 1000
REGISTRATION OF LEGALLY EXISTING DOCKING STRUCTURES IN NON-TIDAL WATERS
Statutory Authority:
RSA 482-A:11, XI
PART Env-Wt 1001 PURPOSE;
APPLICABILITY
Env-Wt 1001.01 Purpose. The purpose of this chapter is to establish
the requirements and process for registering and renewing registrations for
legally existing docking structures in non-tidal waters in
order to exempt the repair and replacement of such structures from the
permitting requirements of RSA 482-A:3.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt 1001.02 Applicability. This chapter shall apply to the registration
of legally existing docking structures, the renewal of registrations issued for
such structures; and the display of registration numbers as provided in RSA
482-A:12.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
PART Env-Wt 1002 DEFINITIONS
Env-Wt 1002.01 “Owner” means the owner of the structures to
be registered.
Source. #13210, INTERIM, eff 6-15-21;
ss by #13314, eff 12-21-21
PART Env-Wt 1003 REGISTRATION
REQUIREMENTS
Env-Wt 1003.01 Fee and Registration Information Required. To register a docking structure under this
chapter, the owner shall submit the following to the department:
(a) The nonrefundable
registration fee of $200 as required by RSA 482-A:3, I(d); and
(b) Form
NHDES-W-06-096, “Non-Tidal Docking Structures Registration Form”, November 2021,
that contains the following information:
(1) The name
and address of the owner;
(2) An email
address and phone number of the owner, if any;
(3) The
municipality, water body, tax map, lot number, and block number, if any, where
the docking structure is located;
(4) A statement
that the docking structure to be repaired or replaced is not the subject of any
municipal or state compliance action or pending civil action; and
(5) A statement that the owner’s
signature(s) shall constitute certification that:
a. The information submitted is true, complete,
and not misleading;
b. The signer understands that the submission of
false, incomplete, or misleading information is grounds for denying the
registration request or revoking any registration that is issued based on the information;
c. The signer is
subject to the penalties established in New Hampshire law for making unsworn
false statements; and
d.
The
signer has a legal right to attach and access the docking structure to and over
the abutting shoreline.
(c) In addition to the information required in
(b) above, the owner may also provide the following information on the form:
(1) The street address for the location of the
docking structure;
(2) The name and contact information for an
agent, if any; and
(3) The approximate location of the docking
structures in latitude and longitude as decimal degrees to 5 decimal places (D.ddddd).
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt
1003.02 Registration Fee and
Documents Required. The following
documents and evidence shall be considered evidence that the docking
structure(s) meets the qualifying criteria in RSA 482‑A:3, IV‑a,(b)(1):
(a)
The permit number issued under RSA 482-A or its predecessor statutes and
a copy of the approved plan authorizing the construction of the docking
structures being registered;
(b) Professionally
prepared plans showing that the docking structures existed in the same size,
location, and configuration since January 1, 2000;
(c) Any combination
of documents, including but not limited to dated photographs, tax cards, deeds,
aerial images, or invoices, that clearly demonstrate that the docking structure
has existed in its current size, location, and configuration since January 1,
2000; or
(d) The registration
number issued to the previous owner of the docking structures if the registration
has been invalidated by the transfer of the property.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt 1003.03 Specifications for Plans and Photographs
of Current Conditions; Information, Details, and Quality.
(a) In addition to
the documents and evidence required in Env-Wt
1003.02, the owner shall demonstrate existing conditions by submitting plans
that:
(1) Show all
docking structures currently within the owner’s docking facility;
(2) State the
scale, if any, used on the plan;
(3) If the
plans are to be submitted electronically, are in portable document format
(pdf), created in a manner that preserves the scale used on the plan, if any;
(4) Either label
all dimensions of all docking structures along with the shoreline length and setbacks
to property lines or are drawn to a scale of 1 inch equals
10 feet, 1 inch equals 20 feet, or 1 inch equals 30 feet;
(5) Identify
the location of the normal high water line as defined
in Env-Wt 103.49, or the ordinary high water mark as
defined in Env-Wt 103.50, as applicable;
(6) Identify
the locations of the property lines at the shoreline;
(7) Show the
type, location, and dimensions of all structural supports including but not
limited to cribs and piles;
(8) Show that
the docking structure is seasonal or permanent;
(9) If the
docking structure is a breakwater, submit plans that demonstrate the:
a. The size,
location, and configuration of the footprint of the breakwater at both the limits
of the toe of slope and the limits as measured at the natural mean high water line; or
b. The water
line which results from the exercise of any private or public owned flowage
rights that exist where a waterbody has been raised by damming; and
(10) If the
docking structure is a boathouse, no portion of which has been made suitable
for use as a dwelling over water as defined in RSA 482-A:26, submit plans that document
the:
a. The size,
location, and configuration of the footprint of all dock surfaces;
b. The
footprint at the limits of the boathouse walls, and the footprint of the roof
of the boathouse; and
c. Profile and
ridgeline height of the boathouse.
(b) For all docking
structures, the owner shall submit dated photographs that:
(1) Document
the current size, location, and configuration of the docking structure being
registered; and
(2) Show all
existing structures to be registered are constructed or installed as shown on
plans submitted in accordance with (a) above.
Source. #13210, INTERIM, eff 6-15-21;
ss by #13314, eff 12-21-21
PART Env-Wt 1004 PROCESSING
OF REGISTRATION
Env-Wt 1004.01 Review of Registration Requests.
(a) Within 10
business days of the receipt of the request to register a docking structure,
the department shall determine whether:
(1) The
information submitted meets the requirements of Env-Wt
1003.01; and
(2) The
information submitted demonstrates that the docking structures satisfy the
criteria in Env-Wt 1003.02 and Env-Wt 1003.03.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt
1004.02 Notification of Department
Determination.
(a)
Within 10 business days of the receipt of a request to register a
docking structure, the department shall:
(1) Determine
that the owner has satisfied all of the requirements
of Env-Wt 1004.01 and notify the owner in writing of
the following:
a. The
registration has been accepted;
b. The registration number assigned to the
structure(s);
c. The method
of displaying the registration numbers on the lakeward end of the registered structures; and
d. The expiration date of the registration; or
(2) Determine
that the owner has not satisfied the requirements of Env-Wt
1004.01, and notify the owner in writing of the following:
a.. The
registration has been rejected; and
b.. The
reason(s) that the registration has been rejected.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt 1004.03 Failure to Timely Process Registration Submittal.
(a) If the department
does not respond within the time period specified in
Env-Wt 1004.02, the owner may submit a written
request to the department requesting a response.
(b) If the department
fails to respond to the request in (a) above within an additional 5 business days, then the following shall apply:
(1) The owner
shall be deemed to have submitted a complete and qualifying registration; and
(2) The owner
may proceed with the repair or replacement of the legally existing docking structures
as presented in the registration filing.
(c) A valid
registration issued pursuant to Env-Wt 1004.02 or
granted pursuant to Env-Wt 1004.03 shall not relieve
the owner of any obligation to comply with all requirements applicable to the
project, including but not limited to requirements established in or under RSA
482-A and RSA 485-A relative to water quality.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt 1004.04 Display of Registration Numbers on Docking
Structures.
(a) The owner shall ensure that the registration number is
located on the vertical face of the pier projecting furthest into the surface
water in a such a manner that each registration number:
(1) Is at least 3 inches high;
(2) Is prominently displayed in a color that
contrasts with the surface of the docking structure;
(3) Faces outward towards navigable waters; and
(4) Will not be obscured by any watercraft,
ladder, or other object secured to the docking structure.
(b) During
maintenance of the registered structures, the registration number may be
temporarily relocated to a prominent location immediately adjacent to the
structure’s location and displayed in a manner that meets the requirements in
(a) above, until such time as the maintenance is completed.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt 1004.05 Period of Validity and Modifications.
(a) Pursuant to RSA
482-A:3, IV-a(c), registrations shall:
(1) Be
effective on the date they are issued by the department; and
(2) Be valid:
a. For a period
of 5 years from the date of issuance; or
b. Until
ownership of the property changes, whichever occurs first;
(c) Modification of
any portion of a registered docking structure completed in accordance with a
permit issued pursuant to RSA 482-A:3 shall not invalidate the registration as
it applies to those portions of the registered structures that remain as shown on
the registered plans on file with the department;
(d) Modification of any
portion of a registered docking structure, or construction of new structures,
completed without a permit required pursuant to RSA 482-A:3, shall invalidate
the registration; and
(e) The repair and replacement
of docking structures shall be exempt from permitting requirements of RSA
482-A:3, as long as the registration is valid.
Source. #13210, INTERIM, eff 6-15-21;
ss by #13314, eff 12-21-21
PART Env-Wt 1005 REGISTRATION
RENEWALS
Env-Wt 1005.01 Registration Renewal Information and
Timing.
(a) To renew a
registration for docking structures, the owner shall submit to the department a
signed registration renewal form NHDES-W-06-097, “Non-Tidal Docking Structures
Registration Renewal Form”, November 2021, that includes the following:
(1) The
information required in Env-Wt 1003.01(b);
(2) The
previous registration number that is the subject of the renewal;
(3) If the docking structures have been modified in
accordance with a permit issued pursuant to RSA 482-A:3, the permit number; and
(4) A signed
certification statement in accordance with Env-Wt
1003.01(b)(5).
(b) In addition
to the information required in (a) above, the owner may also provide the
following information on the form:
(1) The street address for the
location of the docking structure;
(2) The name and contact
information for an agent, if any; and
(3) The approximate location of the docking
structures in latitude and longitude as decimal degrees to 5 decimal places (D.ddddd).
(c) The registration
renewal information shall be submitted to the department at least 15 days prior
to the expiration of the registration.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt 1005.02 Filing Fee and Documents Required. The following shall be submitted with the
registration renewal form:
(a) The nonrefundable
registration fee of $200 as required by RSA 482-A:3, I(d);
(b) Photographs that
meet the requirements of Env-Wt 1003.03(b),
demonstrating that:
(1) The docking structures comply with the
previously registered plan(s) on file with the department; or
(2) If the docking structures have been
modified pursuant to a permit issued in accordance with RSA 482-A:3, then
information demonstrating that the docking structures comply with the
previously registered plan and the permitted modifications; and
(c) For newly constructed or modified structures,
revised plans that meet the requirements of Env-Wt
1003.03(a).
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
Env-Wt 1005.03 Processing
of Registration Renewal Requests.
Renewal requests shall be processed in accordance with Env-Wt 1004.
Source. #13210, INTERIM, eff 6-15-21; ss by #13314,
eff 12-21-21
appendix: State Statutes implemented
|
Rule(s) |
State Statutes
Implemented |
|
Env-Wt
1000 |
RSA 482-A:3, I(d), RSA
482-A:3, IV-a(b)-(e), RSA 482-A:12 |