New Hampshire Revised Statutes 482:63 – Findings of Disrepair
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Terms Used In New Hampshire Revised Statutes 482:63
- 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
- Dam in disrepair: means a dam which is a menace to public safety and is incapable of safely impounding flood waters to its crest, or is incapable of maintaining a reasonably constant level of waters impounded, or is one which does not contain adequate gates and sluiceways to provide for the holding or controlled discharge of waters impounded. See New Hampshire Revised Statutes 482:2
- Department: means the department of environmental services. See New Hampshire Revised Statutes 482:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
Pursuant to notice given by the department, it shall hold a public hearing and find, upon evidence furnished by its employees or others, whether said dam is in disrepair. If the department finds such dam in disrepair, it shall request the dam owner to make the requisite repairs or reconstruction within a period to be fixed by such request.