New Hampshire Revised Statutes 482:5 – Non-permitted Existing Dams
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Terms Used In New Hampshire Revised Statutes 482:5
- 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
- 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
Upon written notice from the department, the owner of a non-permitted existing dam shall submit an application for a permit for said dam to the department along with a fee based on the classification of the dam under N.H. Rev. Stat. § 482:9. The application shall provide such information as the department may require to determine whether or not the dam is a menace to the public safety. Following a review of the permit application, the department may issue a permit to the owner with necessary conditions for the repair or reconstruction of the dam which the department deems necessary for the public safety. Such repair work shall be undertaken within a time period fixed by the department.