PART Env-Ws
385 PROTECTION OF SURFACE WATER SOURCES
USED FOR DRINKING WATER SUPPLIES - RESERVED
Source.
#6521, eff
PART Env-Ws 386
RULES FOR PROTECTING THE PURITY OF REGULATED WATERSHEDS
Statutory
Authority: RSA 485:23 and RSA 485:24
Env-Ws
386.01 Purpose. The purpose of this part is to recognize the importance
of those surface water supplies that are used as sources of public water supply
and to provide methods for reasonable watershed management so as to maintain
high levels of water quality.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws
386.02 Applicability to Regulated
Watersheds. This part shall apply only to the
particular watershed identified in the introductory paragraph(s) of each
section. The rules in Env-Ws 386.01
through Env-Ws 386.05 shall apply to Env-Ws 386.10 through Env-Ws 386.69.
Source. #6521, eff 6-4-97 (See Revision Note at chapter
heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss
by #8500, eff 11-30-05; ss by #8969, eff 8-24-07
Env-Ws
386.03 Restriction of Activities
Beyond The Setback From Streams and Shorelines.
(a) The rules in Env-Ws 386.10 through Env-Ws
386.69
shall also apply to restrict activity beyond the shoreline setback if the
department determines that such activity would endanger water quality.
(b) The department shall consider the following
factors when determining whether an activity beyond the shoreline setback would
endanger water quality:
(1) Type
of contaminant;
(2)
Amount of contaminant generated by the activity;
(3)
Persistence of the contaminant;
(4)
Distance and topography between the contaminant locus and the water
supply intake; and
(5)
Application of best management practices (BMPs) or best available
treatment (BAT).
(c) If the department determines that, due to the
type, amount, and persistence of the contaminant and the topography and distance
between the activity that generates the contaminant and the water supply
intake, the contaminant cannot be reduced to a safe level through the
application of BMPs or BAT, the department shall issue a written notice
advising the water supplier and the person undertaking the activity that the
activity must be restricted to a specified distance from the water supply
intake, with or without BMPs or BAT, so that the activity will not pose a
threat to the water taken in by the water system.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff
11-30-05
Env-Ws 386.04 Waivers.
(a)
Any person may request a waiver of a prohibition in any given watershed.
(b) Each request for a waiver shall:
(1) Be
submitted to the department in writing;
(2) Be
signed by the applicant and by the owner of the affected property, if different
from the applicant; and
(3) Contain
the information specified in (d), below.
(c) The signatures of the applicant and the affected land
owner(s), if any, shall constitute a certification that the information
provided is true, complete, and not misleading.
(d) Each request for a waiver shall include the
following information:
(1) A
description of the affected property, including town, street address, and tax
map and lot number;
(2) A
specific reference to the section and paragraph within the section for which a waiver
is being sought;
(3) A
full explanation of why a waiver is necessary and demonstration of hardship
caused if the rule is adhered to;
(4) A
full explanation of the alternatives that will be implemented if the waiver is
granted, with backup supporting data; and
(5) A
full explanation of how the granting of the waiver is consistent with the
intent of RSA 485:23 and RSA 485:24 and would have a just result.
(e) Upon receipt of a waiver request, the
department shall inform the municipality in which the property is located and the affected
water supplier in accordance with RSA 541-A:39.
(f) The department shall grant a request for
waiver upon finding that:
(1) The
proposal shall be at least equivalent to the specific requirement contained in
the rule;
(2) If
the proposal was not equivalent to the requirement contained in the rule, it
shall be adequate to ensure that the intent of RSA 485:24 and RSA 485:25 is
met; or
(3)
Denial of the waiver request would result in loss of all economically beneficial
or productive use of an existing property.
(g) The
department shall attach conditions to the approval of a waiver if such
conditions are necessary to ensure that the intent of RSA 485:23 and RSA 485:24
is met to the greatest extent possible.
(h) A written decision on a waiver request shall
be sent to the applicant, the property owner, if other than the applicant, the
municipality in which the property is located, and the affected water supplier. If the request is denied, the decision shall
state the reason(s) for the denial.
(i) If a waiver is
granted, it shall be transferable with the affected property until the stated
expiration date of the waiver, if any.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.05 Notice to Municipalities.
(a) Whenever the department proposes to adopt, amend,
readopt with amendment, or repeal any provision of Env-Ws 386 that affects a
particular watershed, the department shall provide written notice to the
governing body of each municipality in which any part of the watershed is
located. If any part of a watershed is
within an unincorporated place, the department shall send notice to the county
commissioners.
(b) The department shall send the written notice
within 7 calendar days of filing the rulemaking notice as required by RSA
541-A:6, I.
Source. #8969,
eff 8-24-07
Env-Ws 386.06 through
Env-Ws 386.09 - RESERVED
Source.
#6521, eff
Env-Ws
386.10 Protection of the Purity of
(a) The purpose of this section is to protect the
purity of the water of
(b) This section shall apply within the
(1)
(2)
(c) Any person violating this section shall, in accordance
with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a
felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the
health officers and the boards of health of the towns of Andover and Salisbury
and their duly authorized agents, and the board of water commissioners of the Andover
Precinct and its duly authorized agents, may act as agents of the department for the
enforcement of this section in cooperation with the department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not apply to employees of the board of water
commissioners engaged in the performance of necessary duties for the protection
and control of said lake.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the
(1) A
person shall not build, continue or maintain a privy, pig-pen, stable, or other
buildings or structure in which horses, cattle, swine or other animals or fowls
are kept within 75 feet of Bradley Lake or within 75 feet of any inlet or
tributary thereto;
(2) A
person shall not permit urine, sink water, or water that has been used for
washing or cleansing materials, persons or food, to run into said lake, or into
any inlet thereof, or into any cesspool, septic tank or other excavation or
onto the surface of any ground within 75 feet of said lake, meaning the high
water mark;
(3) A
person shall not deposit or throw a dead animal, or fish, or parts thereof,
kitchen waste, garbage or refuse of any kind, nor manure of either human or
animal origin, into said lake, nor shall they leave or permit such materials to
remain within 75 feet thereof;
(4) A
person shall not permit the activities or conditions described in (1), (2) and
(3) above within the watershed area tributary to Bradley Lake even though
beyond the minimum limit of 75 feet, if the purity of the water thereby shall
be deemed by the department to be endangered in accordance with the criteria in
Env-Ws 386.03;
(5) A
person shall not permit sawdust to be thrown or allowed to fall into said lake
or into any inlet thereto;
(6) A
person shall not permit any domestic animals to enter said lake;
(7) A person
shall not swim or bathe, nor shall a person fish in the waters of said lake
south of a line drawn from a point on the easterly shore approximately 1700
feet north of the present water supply intake to the point on the westerly
shore located by describing an angle of 90o from the true north
direction; and
(8) A
person shall not use seaplanes on said lake.
(h) The Andover Precinct shall post a summary of
the prohibitions contained in (g) above at all public access locations where
persons might reasonably be expected to access
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.11 - RESERVED
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; rpld by #8500, eff 11-30-05
Env-Ws
386.12 Protection of the Purity of
Source.
#6521, eff
Env-Ws
386.13 Protection of the Purity of
Albany Brook and Its Watershed.
(a) The purpose of this section is to protect the
purity of the
water of Albany Brook which is the principal drinking water supply for Bartlett
Village Precinct.
(b) This section shall apply within the Albany
Brook watershed above the dam which is located at approximate latitude 44o03'37",
longitude 71o17'36", in the towns of:
(1)
(2)
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officers and the boards of health of the towns of Bartlett
and Albany and their duly authorized agents, and the board of water
commissioners of the Bartlett Village Precinct and its duly authorized agents, may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not
apply to employees of the board of water commissioners engaged in the
performance of necessary duties for the protection and control of said brook.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Albany Brook watershed
described in (b), above, shall be as follows:
(1) A
person shall not build, continue or maintain a privy, pig-pen, stable, or other
building or structures in which horses, cattle, swine or other animals or fowls
are kept, within 75 feet of Albany Brook, meaning the high water mark, or
within 75 feet of any stream tributary to said brook;
(2) A
person shall not allow sink water, urine, or water that has been used for
washing or cleansing either materials, persons, or food, to run into said
brook, or into any stream tributary thereto, or into any excavation or cesspool
in the ground or on the surface of any ground within 75 feet of said brook,
meaning high water mark, or within 75 feet of any stream tributary thereto;
(3) A
person shall not throw or deposit any dead animal, fish or parts thereof, or
any food or any article perishable or decayable, or any dung either human or
animal, kitchen waste, swill, or garbage into said brook, or leave or permit
any such wastes to remain within 75 feet thereof meaning the high water mark,
or into any brook, or into any stream tributary thereto, or within 75 feet of
such stream or tributary;
(4) A
person shall not deposit or allow to fall any sawdust, shavings, apple pomace,
or waste from mills or factories into said stream, or upon their banks so near
as to be reachable by the high water level, or into any stream tributary
thereto;
(5) A
person shall not bathe in said brook;
(6) A
person shall not fish in said brook;
(7) A
person shall not allow any of the structures or conditions described in (1),
(2), (3), and (4) above, beyond the minimum limit of 75 feet, if the purity of
the water thereby shall be deemed by the department in accordance with Env-Ws
386.03 to be endangered; and
(8) A
person shall not throw, deposit or allow to remain upon the ice of the waters of
said brook or any stream tributary thereto, any matter, waste, or materials
such as are described in (2), (3), and (4) above.
(h) The
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.14 Protection
of the Purity of the
(a)
The purpose of this section is to protect the purity of the water of the
(b) This section shall apply within the
(1) City of
(2) Town of
(3) Town of
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty
of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officers and the boards of health of the city of Berlin and
the towns of Kilkenney and Randolph and their duly authorized agents, and the
board of water commissioners of the city of Berlin and its duly authorized
agents, may
act as
agents of the department for the enforcement of this section in cooperation
with the department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by written
consent of the department
in accordance with Env-Ws 386.04. The
provisions of
this section shall not apply to employees of the board of water commissioners
engaged in the performance of necessary duties for the protection and control
of the
Godfrey Dam impoundment.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Godfrey Dam watershed
described in (b), above, shall be as follows:
(1) A
person shall not build, continue, or maintain a privy, pig-pen, stable, or
other building or structures in which horses, cattle, swine or other animals or
fowls are kept, within 75 feet of the high water mark, or within 75 feet of any
bay, cove, or inlet thereto, or within 75 feet of any stream tributary to said impoundment;
(2) A
person shall not allow sink water, urine, or water that has been used for washing
or cleansing either materials, persons, or food, to run into said reservoir,
or into any bay, cove, or inlet thereof, or into any stream tributary thereto,
or into any excavation or cesspool in the ground or on the surface of any
ground within 75 feet of said reservoir, meaning the high water mark, or
of any bay, cove, or inlet, or within 75 feet of any stream tributary thereto;
(3) A
person shall not throw or deposit any dead animal, or fish, or parts thereof,
or food, or any article perishable or decayable, or any dung either human or
animal, kitchen waste, swill, or garbage into said reservoir, or leave or permit any such
wastes to remain within 75 feet of the high water mark, or into any bay, cove,
or inlet of said reservoir, or into any stream tributary thereto, or within 75
feet of such bay, cove, or inlet, stream or tributary;
(4) A
person shall not deposit or allow sawdust, shavings, apple pomace, or waste
from mills or factories to fall into said reservoir, or upon their banks so near
as to be reachable by the high water level, or into any stream tributary
thereto;
(5) A
person shall not bathe in said reservoir;
(6) A
person shall not allow structures or conditions described in (1), (2), (3) and
(4) above, beyond the minimum limit of 75 feet, if the purity thereby of the
water shall be deemed by the department in accordance with Env-Ws 386.03 to be endangered;
(7) A
person shall not throw, deposit or allow to remain upon the ice of the waters
of said reservoir,
or of any bay, cove, or inlet thereof, or of any stream tributary thereto, any
waste or materials such as described in (2), (3) and (4) above; and
(8) A
person shall not use seaplanes on said reservoir.
(h) The city of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.15
Protection of the Purity of the
Source.
#6521, eff
Env-Ws
386.16 Protection of the Purity of
Source.
#6521, eff
Env-Ws
386.17 Protection of the Purity of
Source.
#6521, eff
Env-Ws
386.18 Protection of the Purity of
(a) The purpose of this section is to protect the purity of the water
of
(b) This section shall apply within the
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officer, the board of health, and the board of water
commissioners of the town of Canaan and their duly authorized agents may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by written consent of the department
in accordance with Env-Ws 386.04. The
provisions of
this section shall not apply to
employees of the board of water commissioners engaged in the performance of
necessary duties for the protection and control of said lake.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the
(1) A
person shall not build, continue or maintain a building or structure of any
kind in which animals or fowl are kept, within 75 feet of Canaan Street Lake or
within 75 feet of any inlet or tributary thereto;
(2) A
person shall not permit wastes, or waters that have been used for washing or
cleansing either materials, persons, or food, to run into said lake, or into
any inlet or tributary thereto;
(3) A person
shall not throw or deposit any dead animal, fish, or parts thereof, or any food
or article perishable or decayable, or any dung either human or animal, into
said lake, or permit any above wastes to remain within 75 feet of any inlet or
tributary thereto, or on the ground surface within 75 feet of any inlet
tributary thereto;
(4) A
person shall not throw any sawdust or allow any sawdust to fall into said lake,
or into any inlet or tributary thereto;
(5) A person
shall not trespass, boat, bathe, swim, fish or carry on any activity whatever
whether of recreational, occupational or other nature, in the waters or on the
ice of Canaan Street Lake, south of a line about 1,200 feet northwest of the
lake’s southern most part, beginning at a point on the westerly shore at the
center line of the road which exists adjacent to the present property line
between the
properties identified on tax
map I-D as lots 38B and 39D, and extending across said lake to the stone
jetty on the easterly shore on the property identified on tax map I-D as lot 56-1.
The 2 extremities of such a line shall be properly marked by the local water
works authority so that they can be readily identified and observed by the
general public; and
(6) A
person shall not throw, deposit or allow to remain upon the ice of the waters
of said lake,
or upon that of any inlet or stream tributary thereto, any matter, waste, or
materials such as are described in (2), (3) and (4) above.
(h) The town of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws
386.19 Protection of the Purity of
Whitewater Brook, Rice Reservoir and Dole Reservoir and Their Watersheds.
(a) The purpose of this section is to protect the purity of the water
of Whitewater Brook and reservoir, Rice Reservoir and watershed and Dole
Reservoir and watershed, which are principal drinking water supplies for the
city of
(b) This section shall apply within:
(1) The Whitewater Brook
watershed above the Whitewater dam which is located at approximate latitude 43º25'24",
longitude 72º18'42", in the city of Claremont and towns of
Cornish and Croydon;
(2) The Rice Reservoir watershed
above the Rice dam which is located at approximate latitude 43º25'08",
longitude 72º19'42", in the city of Claremont; and
(3) The Dole Reservoir watershed
above the Dole dam which is located at approximate latitude 43º23'21",
longitude 72º19'56", in the city of
(c) Any person violating this section shall, in accordance with
RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a
felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the
health officers and the boards of health of the city of Claremont and the towns
of Cornish and Croydon and their duly authorized agents, and the board of water
commissioners of the city of Claremont and its duly authorized agents, may act as
agents of the department for the enforcement of this section in cooperation
with the department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not
apply to employees of the board of water commissioners engaged in the
performance of necessary duties for the protection and control of said brook
and reservoirs.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Whitewater Brook, Rice
Reservoir and Dole Reservoir watersheds described in (b), above shall be as
follows:
(1) A
person shall not build, continue or maintain a structure of any kind in which
animals or fowl are kept, within 75 feet of any inlet or tributary thereto;
(2) A
person shall not allow wastes or waters that have been used for washing or
cleansing either material, person or food to run into said brook and reservoirs or
any inlet or tributary thereof;
(3) A
person shall not throw or deposit any dead animal, fish or parts thereof, or food
or any article perishable or decayable or any excreta, either human or animal,
into said brook and reservoirs, or leave or permit above wastes to remain on the
surface of the ground within 75 feet thereof or into any inlet or tributary
thereto or on the ground surface within 75 feet of any inlet or tributary;
(4) A person shall not throw any
sawdust or allow any sawdust to fall into said brook and reservoirs or any
inlet or tributary thereto;
(5) A person shall not trespass,
boat, bathe, swim, fish or carry on any activity whatever whether of
recreational, occupational, or other nature, in the waters or on the ice of
Whitewater Brook Reservoir and Intake Reservoir located on Whitewater Brook;
and
(6) A person shall not throw,
deposit or allow to remain upon the ice of the waters of said brook and
reservoirs or upon that of any inlet or stream tributary thereto, any matter,
waste or materials such as are described in (2), (3), and (4) above.
(h) The city of Claremont shall post a summary of
the prohibitions contained in (g) above at all public access locations where
persons might reasonably be expected to access Whitewater, Rice or Dole reservoirs or their
watersheds or tributaries. This posted
summary may also contain any prohibitions enacted by local ordinance.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.20 Protection of the Purity of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05
Env-Ws
386.21 Protection of the Purity of
Penacook Pond and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Penacook Pond which is a principal drinking water supply for the city of
(b) This section shall apply within the Penacook
Pond watershed above the outlet dam which is at approximately latitude 43º14'36",
longitude 71º34'41", in the city of
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officer, the board of health, and the board of water
commissioners of the city of Concord and their duly authorized agents may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not
apply to employees of the city of
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Penacook Pond watershed
described in (b), above shall be as follows:
(1) A person
shall not build, continue or maintain any cesspool, privy, or other place for
the reception, deposit or storage of human excrement, any urinal or
water-closet not discharging into a sewer, any pig-pen, stable, or other
building or structure in which horses, cattle, swine, other animals, or fowls
are kept, within 200 feet of the high water mark of Penacook Pond, meaning to
include that part of the same sometimes called Forge Pond, or stream, or
tributary to said lake, bays, coves, or inlets except upon the approval of the department in
accordance with Env-Ws 386.04;
(2) A
person shall not locate, construct, build or maintain any stable, building or
other place as above enumerated, within 200 feet of the high water mark of
Penacook Pond, or within 200 feet of any open water flowing as aforesaid
into said pond unless suitable or adequate provisions is made to prevent manure
or other polluting matter from flowing or being washed into said pond or such
open water;
(3) A
person shall not run sink drainage, urine, or water that has been used for
washing or cleansing either persons or materials into said pond, or into any
bay, cove, or inlet thereof, or into any stream tributary thereto, or into any
excavation or cesspool in the ground or on the surface of any ground within 200
feet of any stream tributary thereto;
(4) A
person shall not throw or deposit any dead animal, or fish or parts thereof or
food, or any article perishable or decayable or any excrement, either human or
animal, kitchen waste, swill, or garbage, into said pond or leave or permit any
of the above wastes to remain, within 200 feet of the high water mark thereof,
or into any bay, cove, or inlet of said lake, or into any stream tributary
thereto, or within 200 feet of such bay, inlet or stream;
(5) A
person shall not allow any human excrement to be kept in, or deposited or
discharged into any cesspool, privy or other receptacle situated within 200
feet of the high water mark of said pond, or within 200 feet of any open waters
which flow directly or ultimately into said pond;
(6) A
person shall not throw sawdust, or allow sawdust to fall into said pond or into
any stream tributary thereto;
(7) A
person shall not bathe or swim in said pond, nor shall any person build,
continue or maintain any swimming pool, or other contrivance of any nature for
public or private bathing whose waters do not discharge into a sewer or
cesspool constructed as approved or required by the board of health of the city
of Concord, within 200 feet of the high water mark of said pond;
(8) A
person shall not throw, or allow to remain upon the ice of the water of said
pond, or upon that of any bay, cove, or inlet thereof, or of any stream
tributary thereto, any matter, waste or materials described in (3), (4), (5)
and 6 above;
(9) A
person shall not drive, guide or speed any cattle, horses, or other animals
used for teaming, driving, or speeding, upon the ice of said pond;
(10) A
person shall not construct or maintain a system of sewers or other works for
the collection, conveyance, disposal, or purification of sewage or drainage, or
any other putrescible matter whatsoever, except in accordance with plans first
approved in writing by the department pursuant to RSA 485-A, at any place within the
drainage area of said pond. A person
shall not construct or maintain any private or separate sewer having an outlet
upon or into the ground within 200 feet of the high water mark of any reservoir,
lake, pond, stream, ditch, watercourse or other open waters, the water of which
flows or drains into said pond;
(11) A
person shall not locate or construct a public or private hospital, or other
place intended for the reception or treatment of the sick, at any place within
the drainage area of said pond, until the location or construction thereof has
been approved in writing by the department in accordance with Env-Ws 386.04;
(12) A
person shall not permit any sewage, garbage, manure, or putrescent matter,
whatsoever, in any place or locality from which the seepage, drainage, or runoff may
endanger the purity of the water of the said pond or its tributaries; and
(13) A
person shall not permit the condition or practice of whatever kind that may
endanger the purity of the waters of said pond or its tributaries.
(h) The city of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.22
Protection of the Purity of
Source.
#6521, eff
Env-Ws 386.23 Protection of the Purity of
Source.
#6521, eff
Env-Ws 386.24 Protection of the Purity of
Source.
#6521, eff
Env-Ws 386.25 Protection of the Purity of Dearborn Brook
and Its Watershed. - RESERVED
Source.
#6521, eff
Env-Ws
386.26 Protection of the Purity of
Source.
#6521, eff
Env-Ws
386.27 Protection of the Purity of
Whittle Brook and Goffstown Reservoir and Their Watershed.
(a) The purpose of this section is to protect the purity of the water
of Whittle Brook and Goffstown Reservoir which is a principal drinking water
supply for the Goffstown Village Precinct.
(b) This section shall apply within the Whittle
Brook watershed above the dam which is located at approximate latitude 42º59'47",
longitude 71º35'44", in the town of
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officer and the board of health of the town of Goffstown and
their duly authorized agents, and the board of water commissioners of the
Goffstown Village Precinct and its duly authorized agents, may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not
apply to employees of the board of water commissioners engaged in the
performance of necessary duties for the protection and control of said brook
and reservoir.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Whittle Brook and Goffstown
Reservoir watershed described in (b), above, shall be as follows:
(1) A
person shall not build, continue or maintain any privy, pig-pen, stable, or
other building or structures in which horses, cattle, swine or other animals or
fowls are kept, within 75 feet of the high water mark, or within 75 feet of any
bay, cove, or inlet thereto, or within 75 feet of any stream tributary to said brook or reservoir,
bays, coves or inlets;
(2) A
person shall not run sink water, urine, or water that has been used for washing
or cleansing either materials, persons, or food, into said brook or reservoir,
or into any bay, cove, or inlet thereof, or into any stream tributary thereto,
or into any excavation or cesspool in the ground or on the surface of any
ground within 75 feet of said brook or reservoir meaning the high water
mark, or of any bay, cove, or inlet, or within 75 feet of any stream's
tributary thereto;
(3) A
person shall not throw or deposit any dead animal, or fish, or parts thereof,
or food, or any article perishable or decayable, or any dung either human or
animal, kitchen waste, swill, or garbage into said brook or reservoir, or leave or permit
any of the above wastes to remain within 75 feet of the high water mark, or
into any bay, cove, or inlet of said brook or reservoir, or into any stream
tributary thereto, or within 75 feet of such bay, cove, or inlet, stream or
tributary;
(4) A
person shall not deposit or allow to fall into said brook or reservoir, or upon their banks
so near as to be reachable by the high water level, or into any stream
tributary thereto, any sawdust, shavings, apple pomace, or waste from mills or
factories;
(5) A
person shall not be permitted to bathe in said brook or reservoir;
(6) A
person shall not be permitted to fish on said brook or reservoir;
(7) A
person shall not allow any of the structures or conditions described in (2),
(3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the
water shall thereby be deemed by the department in accordance with Env-Ws 386.03
to be endangered;
(8) A
person shall not allow any matter, waste, or materials such as are described in
(2), (3), and (4) above to be thrown, deposited, or allowed to remain upon the
ice of the waters of said brook or reservoir, or upon that of any bay, cove, or inlet
thereof, or of any stream tributary thereto; and
(9) A
person shall not use a seaplane on said brook or reservoir.
(h) The Goffstown Village Precinct shall post a
summary of the prohibitions contained in (g) above at all public access locations
where persons might reasonably be expected to access Whittle brook or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws
386.28 Protection of the Purity of
Icy Gulch and Its Watershed. - RESERVED
Source.
#6521, eff
Env-Ws 386.29
Protection of the Purity of Perkins Brook Watershed. - RESERVED
Source.
#6521, eff
Env-Ws
386.30 Protection of the Purity of
Tobey Reservoir and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of the Tobey Reservoir which is the principal drinking water supply for the
town of
(b) This section shall apply within the Tobey
Reservoir watershed above the dam located at approximate latitude 42º48'08",
longitude 71º50'13", in the towns of:
(1) New
(2)
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officers and the boards of health of the towns of New Ipswich
and Temple and their duly authorized agents, and the board of water
commissioners of the town of Greenville and its duly authorized agents, may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by written consent of the department
in accordance with Env-Ws 386.04. The provisions
of this
section shall not apply to employees of the board of water commissioners
engaged in the performance of necessary duties for the protection and control
of said reservoir
nor shall said restrictions apply to employees of New Hampshire’s fish and game
department engaged in the removal of stock fish from the reservoir under
conditions approved by that agency.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Tobey Reservoir watershed described
in (b), above, shall be as follows:
(1) A
person shall not build, continue or maintain any structure of any kind in which
animals or fowls are kept, within 75 feet of Tobey Reservoir or within 75 feet of
any inlet or tributary thereto except in such cases as the local board of
health may allow, upon the approval of the department in accordance with Env-Ws 386.04,
and under such rules as it may require;
(2) A
person shall not discharge sewage waste water as defined in RSA 485-A, treated
or otherwise into said reservoir or any inlet or tributary thereto;
(3) A
person shall not throw or deposit dead animals, fish, or parts thereof, food,
or any article perishable or decayable, any excreta either human or animal,
into said reservoir, or leave or permit any such wastes to remain on the
surface of the ground within 75 feet thereof, or into any inlet or tributary
thereto, or on the ground surface within 75 feet of such bay, cove, inlet,
stream or tributary;
(4) A
person shall not bathe or swim in said reservoir or any inlet or tributary
thereto;
(5) A
person shall not use boats propelled by means of inboard or outboard motors on
the waters of said reservoir;
(6) A
person shall be prohibited from all activity whether of recreational,
occupational or other nature, in or on the waters of said reservoir and its
tributaries;
(7) A
person shall not throw, deposit or allow to remain upon the ice of the waters
of said reservoir or upon the ice of any inlet or stream tributary thereto, any
sewage or waste as defined in (2) above; and
(8) A
person shall not use a seaplane on any portion of the said reservoir.
(h)
The town of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.31 Protection of the Purity of Juggernaut
Pond and Its Watershed. - RESERVED
Source.
#6521, eff
Env-Ws
386.32 Protection of the Purity of
Camp Brook Including the Upper and
(a) The purpose of this section is to protect the
purity of the water of Camp Brook, the Upper and Lower Hanover Reservoir and
Hanover Center Reservoir which is the principal drinking water supply for the
town of
(b) This section shall apply within:
(1) The Camp Brook watershed
above the dam which is located at approximate latitude 43º43'11",
longitude 72º14'57", in the town of Hanover and
(2) The
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officer and the board of health of the town of Hanover and
their duly authorized agents may act as agents of the department for the enforcement of this section in
cooperation with the department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not
apply to employees of the board of water commissioners engaged in the
performance of necessary duties for the protection and control of said brook and
reservoirs.
(g) In addition to any prohibitions adopted by local
ordinance, the prohibitions that apply in the Camp Brook, Upper and Lower
Hanover Reservoirs, and Hanover Center Reservoir watersheds described in (b),
above, shall be as follows:
(1) A
person shall not build, continue or maintain any building or structure of any
kind in which animals or fowls are kept, within 75 feet of Camp Brook, the
Upper and
Lower Hanover Reservoirs and the Hanover Center Reservoir in the town of
Hanover or within 75 feet of any inlet thereto, or within 75 feet of any stream
tributary to said brook and reservoirs;
(2) A
person shall not be permitted to run any sewage, wastes or waters that has been
used for washing or cleansing either materials, persons, or food, into said
reservoirs and brook or any inlet or tributary thereto;
(3) A
person shall not throw, or deposit any dead animal or fish or parts thereof, or
food or any article perishable or decayable or any excreta, either human or
animal, into said reservoirs and brook, or leave or permit any such wastes to
remain on the surface of ground within 75 feet of any inlet or tributary
thereto;
(4) A
person shall not throw any sawdust or allow any sawdust to fall, into said
reservoirs and brook or into any inlet or tributary thereto;
(5) A
person shall not boat, bathe, swim, fish or carry on any activity of a
recreational, occupational, or other nature, in the waters or on the ice of
Camp Brook, the Upper and Lower Hanover Reservoirs, and the Hanover Center Reservoir, or
tributaries thereto; and
(6) A
person shall not throw, deposit, or allow to remain upon the ice of the waters
of said reservoirs and brook or upon that of any inlet or tributary thereto
upstream of the water works intake, any matter, waste, or materials such as are
described in (2), (3), and (4) above.
(h) The Hanover water company shall post a
summary of the prohibitions contained in (g) above at all public access locations
where persons might reasonably be expected to access Camp Brook, the Upper
and Lower Hanover Reservoirs and the Hanover Center Reservoir or their
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.33 Protection of the Purity of
Source.
#6521, eff
Env-Ws
386.34 Protection of the Purity of
(a) The purpose of this section is to protect the purity of the water
of
(b) This section shall apply within the Loon Lake
watershed above the dam which is located at approximate latitude 43º09"07",
longitude 71o56'39", in the town of Hillsborough.
(c) Any person violating this section shall, in accordance
with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a
felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officer, the board of health, and the board of water
commissioners of the town of Hillsborough and their duly authorized agents may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written
consent of the department
in accordance with Env-Ws 386.04. The
provisions of
this section shall not apply to employees of the board of water
commissioners engaged in the performance of necessary duties for the protection
and control of said lake.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the
(1) A
person shall not build, continue, or maintain any privy, pig-pen, stable, or
other building or structure in which horses, cattle, swine or other animals or
fowls are kept, within 75 feet of Loon Lake, meaning the high water mark, or within
75 feet of any bay, cove, or inlet thereto, or within 75 feet of any stream
tributary to said lake, bays, coves or inlets;
(2) A
person shall not run any sink water, urine, or water that has been used for
washing or cleansing either materials, persons, or food, into said lake, or
into any bay, cove, or inlet thereof, or into any stream tributary thereto, or
into any excavation or cesspool in the ground or on the surface of any ground
within 75 feet of said lake 's high water mark, or of any bay, cove, or inlet, or within
75 feet of any stream tributary thereto;
(3) A
person shall not throw or deposit any dead animal, fish, or parts thereof, or
food, or any article perishable or decayable, dung either human or animal,
kitchen waste, swill, or garbage into said lake, or leave or permit any such
wastes to remain within 75 feet of the high water mark, or into any bay, cove,
or inlet of said lake, or into any stream tributary thereto, or within 75 feet of
such bay, cove, or inlet, stream or tributary;
(4) A
person shall not bathe in Loon Lake within 1/4 mile of the point where water is
taken for public supply, or elsewhere in said lake, provided notice to that effect is
issued by the board of water commissioners or the board of health;
(5) A
person shall not deposit any sewage on the surface of the ground, allow any
cesspool or privy vault to overflow, and shall not permit to exist any of the
things, materials or conditions mentioned in the foregoing rule, nor anything
else that might endanger the purity of said water supply, whatever may be their
distance from said lake, in such locality or manner as in the opinion of the
board of health or of the board of water commissioners, would be liable to
contaminate the water of the said lake, in accordance with Env-Ws 386.03; and
(6) A
person shall not use a seaplane on
(h) The town of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff
11-30-05
Env-Ws 386.35 Protection
of the Purity of Bear Pond and Its Watershed.
(a) The purpose of this section is to protect the purity of the water of
Bear Pond which is the principal drinking water supply for the Contoocook
Village Precinct in the town of
(b) This section shall apply within the Bear Pond
watershed above the dam which is located at approximate latitude 43º13'52",
longitude 71º48'02", in the town of
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA 485:24,
the health officer and the board of health of the town of Warner and their duly
authorized agents, and the board of water commissioners of the Contoocook
Village Precinct and its duly authorized agents, may act as agents of the department for the enforcement
of this section in cooperation with the department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department, in accordance with Env-Ws 386.04. The provisions of this section shall not apply to employees of
the board of water commissioners engaged in the performance of necessary duties
for the protection and control of said pond.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Bear Pond watershed
described in (b), above, shall be as follows:
(1) A
person shall not build, continue or maintain any building or structure of any kind
in which animals or fowl are kept, within 75 feet of Bear Pond or within 75
feet of any inlet or tributary thereto;
(2) A
person shall not permit any wastes or waters that has been used for washing or
cleansing either materials, persons, food, to run into said pond, or into any
inlet or tributary thereof;
(3) A
person shall not throw into or deposit in said pond any dead animal, fish or
parts thereof, food, or any article perishable or decayable, or any excreta
either human or animal, or leave or permit any such wastes to remain on the
surface of the ground within 75 feet thereof or into any inlet or tributary;
(4) A
person shall not throw any sawdust, or allow any sawdust to fall, into said pond or into any
inlet or tributary thereto;
(5) A person shall not trespass,
bathe, boat, fish, or conduct any activity whatever whether of a recreational,
occupational or other nature in or on the water of Bear Pond and its
tributaries;
(6) A person shall not throw,
deposit, or allow to remain upon the ice of the waters of said pond, or upon
that of any inlet thereof, or of any stream tributary thereto, any matter,
waste, or materials such as are described in (2), (3) and (4) above; and
(7) A person shall not use a
seaplane on Bear Pond.
(h) The Contoocook Village Precinct shall post a
summary of the prohibitions contained in (g) above at all public access
locations where persons might reasonably be expected to access Bear Pond or its
tributaries. This posted summary may
also contain any prohibitions enacted by local ordinance.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws
386.36 Protection of the Purity of
Woodward Pond, Roaring Brook, Babbidge Reservoir and Their Watershed.
(a) The purpose of this section is to protect the purity of the water
of Woodward Pond, Roaring Brook, and Babbidge Reservoir which is the principal
drinking water supply for the city of
(b) This section shall apply within the Woodward
Pond, Roaring Brook, and Babbidge Reservoir watershed above the dam that is
located at approximate latitude 42o56'02", longitude 72o13'15",
in the towns of:
(1) Harrisville;
(2)
(3) Nelson; and
(4) Roxbury.
(c) Any person violating this section shall, in
accordance
with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a
felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the
health officers and the boards of health of the towns of Harrisville,
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department, in accordance with Env-Ws 386.04. The provisions of this section shall not
apply to employees of the city of
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Woodward Pond, Roaring
Brook, and Babbidge Reservoir watershed described in (b), above, shall be as
follows:
(1) A person shall not build, continue
or maintain any buildings or structures of any kind in which humans reside or
in which animals or fowl are kept, within 75 feet, of the high water mark of
Woodward Pond, Roaring Brook, Babbidge Reservoir, or within 75 feet of any
stream tributary thereto;
(2) A person shall not permit
any wastes or water that has been used for either washing or cleansing of
materials, persons, or food to run into said pond, brook, or reservoir or into
any inlet or tributary thereto;
(3) A person shall not throw or
deposit any dead animal, fish or parts thereof, food or any article perishable
or decayable, or any excreta either human or animal, into said pond, brook, or
reservoir, or leave or permit any such wastes to remain on the surface of the
ground where there is any likelihood of wash or contamination therefrom
reaching said pond, brook or reservoir or any inlet or tributary thereto;
(4) A person shall not throw any
sawdust, or allow any sawdust to fall, into said pond, brook, or reservoir or
into any inlet or tributary thereto;
(5) A person shall not boat,
bathe, swim, trap, fish, hunt, camp, park trailers or carry on any activity of
a recreational or other nature, including but not limited to lumber operations in
or near the waters of said pond, brook, or reservoir and, above the reservoir
dams and the streams tributary thereto; and
(6) A person shall not throw,
deposit or allow to remain upon the ice of the waters of said pond, brook, or
reservoir, or upon that of any inlet thereof, or of any stream tributary
thereto, any matter, waste, or materials such as are described in (2), (3) and
(4) above.
(h) The city of Keene shall post a summary of the
prohibitions contained in (g) above at all public access locations where
persons might reasonably be expected to access Woodward Pond, Roaring Brook,
Babbidge Reservoir and their tributaries.
This posted summary may also contain any prohibitions enacted by local
ordinance.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws
386.37 Protection of the Purity of
(a) The purpose of this section is to protect the
purity of the water of
(b) This section shall apply as specified in (g) and (h), below.
(c) Any person violating this section shall, in accordance with RSA
485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if
any other person.
(d) In accordance with the provisions of RSA
485:24, the health officer, the board of health, and the board of water
commissioners of the city of Laconia and their duly authorized agents as agents
of the department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department, in accordance with Env-Ws 386.04. The provisions of this section shall not
apply to employees of the board of water commissioners engaged in the
performance of necessary duties for the protection and control of said lake or
bay.
(g) A person shall not discharge any sewage,
industrial waste or other wastes, as defined in RSA 485-A into the waters, upon
the ice, or upon the shores of Lake Winnipesaukee and Paugus Bay except by
written permission of the department pursuant to RSA 485-A and then only in
accordance with such terms and conditions as may be prescribed by the
department.
(h) The
prohibitions specified in (i) below shall apply within the area of Paugus Bay
starting at
a point on the eastern shore of Paugus Bay, where the northern point of the property
identified on tax map 349, street/block 220, lot 1 abuts the southerly end of
the property identified
on tax map 346, street/block 220, lot 1, specifically where the granite
post resides in Paugus Bay; thence running in a westerly direction toward a
bound on the westerly side of Paugus Bay at a point where the State of New
Hampshire railroad bridge meets the shore identified on tax map 345,
street/block 195, lot 39; thence running northerly along the shore to a point on the westerly side of Paugus Bay known
as Cass' Point,
identified on tax map 328, street/block 6, lot 22, specifically, where the 4-foot x 8-foot sign,
installed by the Laconia water works, reads:
"RESTRICTED AREA - WATER SUPPLY", thence running in an
easterly direction in an imaginary line across Paugus Bay to a point where the
southerly end of the property identified on tax map 324, street/block 220, lot
3 abuts the northern point of the property identified on tax map 324,
street/block 220, lot 2, marked by a rebar in the water; then running in a
southerly direction along the shore of Paugus Bay to the point of beginning.
(i) A person shall not:
(1) Wash
boats, bathe, swim, water ski, or have any body contact within the area
described in (h) above;
(2)
Construct any docking facilities for boats or buildings along the shore
in the area described in (h) above, except with a specific permit of the
(3) Fish
from a bob house located upon the ice of
(j) The area described in (h) above shall be used
for navigational purposes only.
(k) The city of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws
386.38 Protection of the Purity of
Garland Brook and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of Garland Brook which is the principal drinking water supply for the town of
(b) This section shall apply within the Garland
Brook watershed above the dam which is located at approximate latitude 44º28'6
", longitude 71º27'47", in the towns of:
(1)
(2) Kilkenney; and
(3)
(c) Any person violating this section shall, in accordance
with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a
felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officers of the towns of Jefferson, Kilkenney, and Lancaster
and their duly authorized agents, and the board of water commissioners of the
town of Lancaster and its duly authorized agents, may act as agents of the
department for the enforcement of this section in cooperation with the
department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department, in accordance with Env-Ws 386.04. The provisions of this section shall not apply
to employees of the board of water commissioners engaged in the performance of
necessary duties for the protection and control of said stream.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Garland Brook watershed
described in (b), above, shall be as follows:
(1) A
person shall not build, continue or maintain any privy, pig-pen, stable, or
other building or structures in which horses, cattle, swine or other animals or
fowls are kept, within 75 feet of the high water mark, or within 75 feet of any
bay, cove, or inlet thereto, or within 75 feet of any stream tributary to said brook;
(2) A
person shall not run any sink water, urine, or water that has been used for
washing or cleansing either materials, persons, or food, into said brook, or
into any bay, cove, or inlet thereof, or into any stream tributary thereto, or
into any excavation or cesspool in the ground or on the surface of any ground
within 75 feet of said brook meaning high water mark, or of any bay, cove, or inlet, or
within 75 feet of any stream tributary thereto;
(3) A
person shall not throw or deposit any dead animal, fish, parts thereof, food,
or any article perishable or decayable, or any excreta, either human or animal,
kitchen waste, swill, or garbage into said brook, or leave or permit any such
wastes to remain within 75 feet of the high water mark, or into any bay, cove,
or inlet of said brook, or into any stream tributary thereto, or within 75 feet
of such bay, cove, inlet, stream or tributary;
(4) A
person shall not deposit any sawdust, shavings, apple pomace, or waste from
mills or factories, or allow any such wastes to fall into said brook or
upon their banks so near as to be reachable by the high water level, or into
any stream tributary thereto;
(5) A
person shall not bathe in said brook;
(6) A
person shall not fish on said brook;
(7) A
person shall not permit any of the structures or conditions described in (1), (2),
(3) and (4) above beyond the minimum limit of 75 feet, if the purity of the
water thereby shall be deemed by the department in accordance with Env-Ws 386.03
to be endangered;
(8) A
person shall not throw, deposit or allow to remain upon the ice of the waters
of said brook,
or upon that of any bay, cove, or inlet thereof, or of any stream tributary
thereto, any matter, waste, or materials such as are described in (2), (3), and
(4) above; and
(9) A
person shall not use any seaplanes on the Garland Brook watershed.
(h) The town of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.39 Protection of the Purity of
Source.
#6521, eff
Env-Ws 386.40 through
Env-Ws 386.42 RESERVED
Source.
#6521, eff
Env-Ws 386.43 Protection of the Purity of Loon Pond and
Loon Reservoir and Its Watershed. - RESERVED
Source.
#6521, eff
Env-Ws
386.44 Protection of the Purity of
the East Branch of the
Source.
#6521, eff
Env-Ws
386.45 Protection of the Purity of
the Water of the North Branch of the
(a) The purpose of this section is to protect the
purity of the
water of the North Branch of the
(b) This section shall apply within the North
Branch of the
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) Land within the North Branch of the
(e) In addition to any prohibitions adopted by
local ordinance, the prohibitions and restrictions for the North Branch of
the
(1) A
person shall not place, leave or cause to be placed or left, in or within 200
feet of the North Branch of the Gale River or adjacent wetlands, any substance
or fluid that may cause the water thereof to become impure or unfit for
domestic supply;
(2) A
person shall not deposit any human or animal waste on the water, ice or land
adjacent to the North Branch of the
(3) A
person shall not swim, wade or engage in similar water contact activities as
defined in RSA 485:22 above the intake of the North Branch of the
(4) A
person shall not leave any garbage, refuse or trash of any kind brought from
home, camp or place of business on town-owned property within the area
described in (b), above;
(5) A person
shall not break bottles or deposit any refuse or wastes of any description into
the North Branch of the
(6) A
person shall only kindle or maintain charcoal fires or portable propane grills
within 75 feet of the
(7) A
person shall keep dogs and other pets on a leash while adjacent to the
shoreline, shall not leave pets unattended, and shall not permit pets in the
water within the area described in (b), above;
(8) A
person shall not ride horseback along the shoreline within the area described
in (b), above;
(9)
Within the area described in (b), above, a person shall park motor
vehicles only in designate parking areas; and
(10) A
person shall not use highway motor vehicles on the waters or ice of the North
Branch of the
(f) A complete set of the North Branch of the
Gale River or adjacent wetland rules shall be available and on file at the
Littleton Water and Light Department office in Littleton or the town of
Bethlehem board of selectmen.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws
386.46 Protection of the Purity of
the Water of the South Branch of the
(a) The purpose of this section is to protect the
purity of the
water of the South Branch of the
(b) This section shall apply within the South
Branch of the
(c) Any person violating this section shall, in
accordance with RSA 485:26 be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) Land within the South Branch of the
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.47 Protection of The Purity of The Water of
(a)
The purpose of this section is to protect the purity
of the water of
(1)
(2)
(3)
(4) Goffstown;
(5) Hooksett; and
(6)
(b)
This section shall apply within the Lake Massabesic watershed which lies
above the Massabesic dam, located at approximate latitude 42º57’48”,
longitude 71o23'43", in the following municipalities:
(1)
(2)
(3)
(4) Hooksett; and
(5)
(c)
The following terms as used in this section shall be defined as follows:
(1) “Board of water commissioners” means the
governing body of the
(2) “Direct tributary” means that portion of any
stream shown on the most current version of the U.S. Geological Survey 7 1/2'
topographic maps that does not flow into or through a pond, lake, reservoir, or
impoundment of 5 acres or more before reaching Lake Massabesic;
(3) “Motor vehicle” means “motor vehicle” as
defined in RSA 259:60;
(4) “Off highway recreational vehicle (OHRV)” means “off
highway recreational vehicle”, as defined in RSA 215-A:1, VI.; and
(5) “Person” means an individual, corporation,
company, association, society, firm, partnership, joint stock company, or other legal entity.
(d)
Any person violating this section shall, in accordance with RSA 485:26,
be guilty of a misdemeanor if a natural person, or guilty of a felony if any
other person.
(e) In accordance with
the provisions of RSA 485:24, the health officers and the boards of health of the city of Manchester
and the towns of Auburn, Candia, Chester, and Hooksett and their duly
authorized agents, and the board of water commissioners and its duly
authorized agents, may act as agents of the department for the
enforcement of this section in cooperation with the department.
(f)
Under the provisions of RSA 485:24, II, the board of water commissioners and its representatives may enter at
reasonable times any land or property within the Lake Massabesic watershed for
the purpose of investigating watershed sanitation and other sources of
potential water contamination.
(g)
Where any provision of this section is in conflict with local
ordinances, the more stringent provision shall apply.
(h)
Waivers and exemptions to this section shall apply as follows:
(1) Any person may request from the department a
waiver from the provisions of this section in accordance with Env-Ws 386.04;
and
(2) Employees of the board of water commissioners
engaged in the performance of necessary duties for the protection and control
of
(i)
The Manchester Water Works shall post a summary of the information
contained in (d), above and the prohibitions and restrictions contained in (l),
(m), (o) through (q), (s), and (t), below in locations where persons might
reasonably be expected to access Manchester Water Works’ property, or
Lake Massabesic or its tributaries. The
posted summary may also contain any other prohibitions contained in this
section and any prohibitions or restrictions enacted by local ordinance.
(j) Within 200 feet of
(k) Within 200 feet of
(1) A person shall not build any privy, toilet,
sink drain, or subsurface septic disposal system or allow any discharges
therefrom, except as provided by (k)(2) below;
(2) Existing properly functioning septic systems
may remain in place; and
(3) If failure of an existing septic system
occurs, the owner shall repair or replace said system in accordance with Env-Ws
1003.10.
(l)
With the exception of operating an outboard motor, on or within 200 feet
of the waters or ice of
(1) Deposit any dead animal or parts thereof,
food or any article perishable or decayable, kitchen waste, swill, garbage, or
human waste;
(2) Deposit any hazardous waste, as defined in
Env-Wm 110.01(b)(56), such as solid, semi-solid, liquid or contained gaseous
waste, or any combination of wastes which possess a threat to human health or
the environment;
(3) Deposit solid waste such as refuse,
appliances, auto parts, tires, tree stumps, or similar waste; or
(4) Deposit manure, fertilizer, or chemical waste
such as gasoline, paint, or similar waste.
(m) On or within the
water or ice of
(1) A person shall not bathe, wade, swim, water
ski or perform any similar water contact activity;
(2) A person shall not use a sunfish, sailfish, sail
board, ski craft as defined in RSA 270:73, V, or other craft which in the
judgment of the board of water commissioners or its representatives makes
extensive bodily contact with the water unavoidable;
(3) A person shall not discharge from or off a vessel,
cruiser, boat, houseboat, wharf or from a structure of any kind or any tank or
receptacle thereon or therein contained, any excrement, urine, or waste;
(4) All boats or structures of any kind that are
equipped with toilet, lavatory, or other sewage or waste producing fixtures
shall be provided with water-tight tanks or receptacles for the reception and
temporary storage of such wastes;
(5) The aforementioned tanks or receptacles shall
be maintained as required in RSA 487:2 and the contents thereof shall be
disposed of in a municipal sewage system or to any adequate sewage disposal
system on shore;
(6) A person shall not tie, beach, or ground an
occupied vessel, cruiser, boat, houseboat, or structure of any kind to the
water or ice, or tie to the shore for an overnight period or any part of an
overnight period, except as permitted by Manchester Water Works pursuant to
(t)(4) or (t)(5), below;
(7) An unoccupied vessel, cruiser, boat,
houseboat, or structure of any kind may be anchored or grounded to said waters
or ice only by permission of the board of water commissioners pursuant to
(t)(4) or (t)(5), below or land owner, lessee, or person otherwise in control
of such location;
(8) A person shall not cut or take ice therefrom
except by permission and under the direction of the board of water
commissioners as provided for in RSA 485:54; and
(9) A person shall not use any aircraft.
(n) In the
(1) A person shall conduct all pesticide
applications, as defined in RSA 430, in strict accordance with the rules of the
(2) A person shall conduct all forestry or timber
harvesting activities in strict accordance with state of New Hampshire laws
including RSA 227-J and in consultation with the Manchester Water Works
forester, and
(3) A person shall handle any agricultural
compost, chemical fertilizer, or manure, as defined in RSA 431:33, in
accordance with best management practices published by the
(o) In or on
Manchester Water Works’ property or the waters or ice of
(1) A person shall not operate an all terrain
vehicle or other OHRV other than a snow traveling vehicle as defined in RSA
215-A:1, and then only in non-restricted areas at the operator’s own risk; and
(2) A person shall not break bottles or throw
trash of any description.
(p) The following
areas shall be closed to all human activity:
(1) The Back or West Pond of Lake Massabesic
north and west of the following described line: beginning at Fire Point, then due west to the
Hillsborough-Rockingham county line, then southerly by the said line, crossing
Birch Island to the mainland as marked by floats and signs; and
(2) The outlet of
(q) On Manchester
Water Works’ property the following prohibitions and restrictions shall apply:
(1) A person shall not enter upon or remain between
the hours of
(2) A person shall not place in or adjacent to
Manchester Water Works’ waste containers any garbage, refuse, or trash of any
kind brought from home, camp, or place of business;
(3) A person shall only use self-contained
charcoal type fires, as opposed to open flame fires and then only in the
designated public picnic area adjacent to the Route 28 Bypass;
(4) Any vehicle obstructing an emergency access
gate shall be subject to towing at owner’s expense;
(5) A person shall not enter restricted areas
that have been posted “NO TRESPASSING”; and
(6) A person shall obey in matters governed by
this section, all lawful requests made by representatives of the board of water
commissioners.
(r)
Within 300 feet of the waters or ice of
(1) Store liquid petroleum products, except for
normal residential use and heating fuels for on-premise use;
(2) Store road salt or de-icing chemicals, except
for incidental residential use;
(3) Service, wash, or repair boats or motor
vehicles, except for emergency repairs;
(4) Operate a junk yard as defined in RSA
236:112, I or a machinery junk yard as defined in RSA 236:112, III;
(5) Render impervious more than 10 percent of any
lot or 2500 square feet on any one lot, whichever is greater; or
(6) Allow or cause to be discharged to the
surface or to groundwater any stormwater that has not been treated by permanent
methods for protecting water quality described in the rules adopted to
implement RSA 485-A:17.
(s)
In or on property owned by Manchester Water Works or the water or ice of
(1) A person shall not tent or camp or use
overnight trailers, campers, or houseboats;
(2) The following provisions shall apply to dogs
and other pets:
a. A person shall control by leash all such
pets;
b. A person shall not leave such pets
unattended;
c. A person shall not permit such pets in the
water or on the beach; and
d. Pet owners shall be required to pick up and
properly dispose of their pets’ waste.
(3) A person shall not remove or damage or deface
any structure, sign, plant, tree, or natural feature; and
(4) A person shall not feed ducks, geese,
seagulls, or other waterfowl.
(t)
In or on the water or ice of
(1) A person shall not operate a motor vehicle
other than a snow traveling vehicle;
(2) A person shall not race power boats or snow
traveling vehicles;
(3) A person shall not operate any power boat or
snow traveling vehicle at a rate of speed in excess of 35 miles per hour;
(4) A person shall not place moorings without a
mooring permit issued by the Manchester Water Works;
(5) A person shall not place a dock in
(6) The following provisions shall apply to
boats:
a. A person shall not allow a boat to remain
moored after November 30th of each year; and
b. Manchester Water Works may remove any boat
moored after November 30th of each year at the owner’s expense.
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #7508, eff 6-21-01; amd by #7590, EMERGENCY RULE, eff 11-8-01, EXPIRED:
5-7-02; ss by #8500, eff 11-30-05
Env-Ws
386.48 Protection of the Purity of
the
Source.
(See Revision Note at chapter heading for Env-Ws 300) #6521, eff
Env-Ws
386.49 Protection of the Purity of
the Water of
(a) The purpose of this section is to protect the
purity of the water of
(b) This rule shall apply within the
(1)
(2)
(3)
Holderness;
(4) Meredith;
and
(5) New
(c) Any person violating this section shall, in
accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or
guilty of a felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officers and the boards of health of the towns of Ashland,
Center Harbor, Holderness, Meredith, and New Hampton and their duly authorized
agents, and the board of selectmen of the town of Meredith and its duly
authorized agents, may act as agents of the department for the enforcement of this
section in cooperation with the department.
(e) Where any provision of this section is in
conflict with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department, in accordance with Env-Ws 386.04. The provisions of this section shall not apply to
employees of the town of
(g) Grandfathering of existing land uses shall be
subject to the following:
(1)
Existing uses as of
(2) If a
change in use, including but not limited to a change from seasonal to year
round use of property or structures, higher intensity of use of campsites, or
the addition of domestic farm animals,
occurs or expansion of an existing use is proposed, the rule requirements
shall be met;
(3)
Discontinuance of a grandfathered use for 2 consecutive years shall
result in termination of any and all grandfathered rights; and
(4) The
intent of these rules, to improve and maintain protection of
(h) In addition to any prohibitions adopted by
local ordinance, the prohibitions and restrictions that apply in the
(1) A
person shall not build or maintain any pigpen, stable, or other building or
structure in which horses, cattle swine or other animals or fowl are kept
within 200 feet of Lake Waukewan or adjacent wetlands;
(2) A
person shall not build or maintain any privy, toilet, sink drain or subsurface
septic disposal system or discharges therefrom, within 125 feet of
(3) A
person shall not deposit any dead animals, or parts thereof, food or any
perishable articles that will decay and no kitchen waste, swill, garbage, human
or animal waste into or upon said water or ice, or placed in, upon or within
200 feet of the waters or ice of Lake Waukewan or adjacent wetlands;
(4) A
person shall prepare and follow an animal waste management plan to be approved by
the Belknap County Conservation District if any one property within 200
feet of Lake Waukewan or adjacent wetlands has more than 5 adult livestock, 10
immature livestock, or 50 poultry;
(5) A
person shall not place any hazardous waste, as defined in RSA 147-A, such as
solid, semi-solid, liquid or contained gaseous waste, or any combination of
wastes which pose a threat to human health or the environment in or within 200
feet of the water or ice of
(6) A
person shall not place any solid waste, as defined in RSA 149-M, in, upon, or
within 200 feet of the water or ice of
(7) A
person shall not place any chemical waste, such as, but not limited to
gasoline, paint, fertilizer or similar waste in, upon, or within 200 feet of
the water or ice of
(8) A
person shall conduct all pesticide applications, as defined in RSA 430, made on
land areas which contribute surface water runoff either directly to Lake
Waukewan or indirectly by running into adjacent wetlands, in strict accordance
with the rules of the New Hampshire pesticide control board;
(9) A
person shall not apply fertilizer, manure, or compost on land areas which
contribute surface water runoff either directly or ultimately to Lake Waukewan
or adjacent wetlands, other than in strict conformance with Manual of Best Management
Practices for Agriculture in New Hampshire, reprinted May 2001, or any
subsequent best management practices identified and published by the
commissioner of agriculture, markets, and food pursuant to RSA 431:34;
(10) A
person shall perform all forestry or timber harvesting activities conducted
within the Lake Waukewan watershed in strict compliance with state of New
Hampshire rules adopted under RSA 227-J;
(11) A
person shall not wade, swim, water ski or perform any similar water contact
activities, within 400 feet of the intake of the Meredith water department;
(12) A person
shall not discharge from a vessel, cruiser, boat, houseboat, wharf or a
structure of any kind, whether on or in the water or on the ice, or any tank or
receptacle thereon or therein contained, any excrement, urine or any waste, nor
shall any such waste be left in, on, or within 200 feet of the waters or ice of
Lake Waukewan or adjacent wetlands. All
boats or structures of any kind used on the water or on the ice that are
equipped with toilet, lavatory or other waste fixtures shall be provided with water-tight
tanks for the temporary storage of such wastes.
The aforementioned tanks shall be maintained as required by RSA 487 and
the contents thereof shall be disposed of into a municipal sewerage system or
any approved sewage disposal system on shore;
(13) A
person shall not moor, anchor or otherwise secure any occupied vessel, cruiser,
boat or houseboat of any kind on or to the water or ice, or tied to the shore
of Lake Waukewan or adjacent wetlands for an overnight period or any part of an
overnight period;
(14) A
person, firm or corporation shall not cut and take ice from
(15) A person
shall operate off-highway recreational vehicles on the water or ice of Lake
Waukewan or adjacent wetlands or upon any land of the Towns within the
watershed in strict compliance with the laws of the state of New Hampshire, as
defined in RSA 215-A. The use of any
land belonging to any of the towns within the watershed or any frozen or
non-frozen surface of Lake Waukewan or adjacent wetlands by the owner or
operator of any OHRV shall be done at their own risk;
(16) A
person shall not use highway motor vehicles on the waters or ice of
(17)
Nothing in these rules shall be construed to prevent access to
(18) A
person shall not place any garbage, refuse or trash of
any kind brought from home, camp or place of business in or near public waste
containers. Refuse resulting from picnicking
on or adjacent to the
(19) A
person shall not break bottles or deposit refuse or wastes of any description
into
(20) A
person shall only kindle charcoal fires or portable propane grills or
maintained such within 75 feet of the
(21) A
person shall keep dogs and other pets on a leash while adjacent to the
shoreline, shall not leave pets unattended, and shall not permit pets in the
water within the area described in (b), above;
(22) A
person shall not ride horse-back along the shoreline within the area described
in (b), above; and
(23) A
person shall not tent, camp or use of recreational vehicles overnight, or use
trailers and campers within 125 feet of
(i) The town of
Source.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300);
ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8500, eff 11-30-05
Env-Ws 386.50 Protection of the Purity of Pennichuck
Brook and Its Watershed.
(a) The purpose of this section is to protect the purity of the water
of the Pennichuck Brook pond system, which is the principal drinking water
supply source for the city of
(b) This section shall apply within the
Pennichuck Brook watershed above the Supply Pond dam which is located at
approximate latitude 42º47'30", longitude 71º28'29", in:
(1) The
town of
(2) The
town of
(3) The
town of
(4) The
town of
(5) The city of
(c) Any person violating this section shall, in accordance
with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a
felony if any other person.
(d) In accordance with the provisions of RSA
485:24, the health officers and the boards of health of the city of Nashua and
the towns of Amherst, Hollis, Merrimack, and Milford and their duly authorized
agents may
act as agents of the department for the enforcement of this section in
cooperation with the department.
(e) Where any provision of this section is in conflict
with local ordinances, the more stringent provision shall apply.
(f) Any deviations from this section shall be by
written consent of the department in accordance with Env-Ws 386.04. The provisions of this section shall not apply to
employees of Pennichuck
Water Works engaged in the performance of necessary duties for the
protection and control of said stream and ponds.
(g) In addition to any prohibitions adopted by
local ordinance, the prohibitions that apply in the Pennichuck Brook watershed
described in (b), above, shall be as follows:
(1) A
person shall not build, continue or maintain any privy, pig-pen, stable or
other building or structure in which horses, cattle, swine or other animals or
fowls are kept within 75 feet of any of the above-named waters, meaning the
high water mark, or within 75 feet of any bay, cove, or inlet thereof, or
within 75 feet of any stream tributary to said ponds, brook, bays, coves or
inlets;
(2) A
person shall not allow any, sink-water, urine, or water that has been used for
washing or cleansing materials, persons or food, to run into said ponds or
brooks or into any bay, cove or inlet
thereof, or into any stream tributary thereto or into any excavation or
cesspool in the ground or onto the surface of any ground within 75 feet of said
pond’s or brook’s high water mark, or of any bay, cove, or inlet, or within 75
feet of any stream tributary thereto;