New Hampshire Revised Statutes 482:19 – Notice Required for Hydro-energy Generation Projects
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I. Every applicant to the Federal Energy Regulatory Commission for the permits and licenses, or modifications of permits or licenses, necessary for the development, construction, or reconstruction of a hydro-energy project shall place, on or prior to the date of such application, a notice of his intent in at least 2 local newspapers in the area where the proposed work is to be done and shall notify the following by certified mail, return receipt requested, that he intends to undertake a hydroenergy project:
(a) The owners of the dam site of the proposed project.
(b) The local governing body, planning board, and conservation commission of each municipality in which the project is sited.
II. The notice required in paragraph I shall include a brief description of the project for which the permit, license, or modification of the permit or license is to be sought, as well as a statement by the developer explaining the purpose of the project and his reasons for the development of a hydroelectric generation project.
III. The department shall deny any applicant violating this section any permit necessary for study and subsequent construction of the proposed project. The department shall notify the Federal Energy Regulatory Commission of any denial under this section.
(a) The owners of the dam site of the proposed project.
Terms Used In New Hampshire Revised Statutes 482:19
- Dam: means any artificial barrier, including appurtenant works, which impounds or diverts water and which has a height of 6 feet or more, or is located at the outlet of a great pond. See New Hampshire Revised Statutes 482:2
- Department: means the department of environmental services. See New Hampshire Revised Statutes 482:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- Reconstruction: means :
(a) A change in the height, length, or discharge capacity of the structure;
(b) Restoring a breached dam or one in ruins;
(c) Modification of flashboards which either increases their height or increases the headwater elevation at which the flashboards will fail; or
(d) A change in the structural configuration of a dam. See New Hampshire Revised Statutes 482:2
(b) The local governing body, planning board, and conservation commission of each municipality in which the project is sited.
II. The notice required in paragraph I shall include a brief description of the project for which the permit, license, or modification of the permit or license is to be sought, as well as a statement by the developer explaining the purpose of the project and his reasons for the development of a hydroelectric generation project.
III. The department shall deny any applicant violating this section any permit necessary for study and subsequent construction of the proposed project. The department shall notify the Federal Energy Regulatory Commission of any denial under this section.