SB133 (2005) Detail

Relative to mooring permits.


SB 133-FN – AS INTRODUCED

2005 SESSION

05-1022

01/03

SENATE BILL 133-FN

AN ACT relative to mooring permits.

SPONSORS: Sen. Flanders, Dist 7; Rep. L. Elliott, Hills 1; Rep. Carew, Hills 1; Rep. Essex, Hills 1

COMMITTEE: Environment and Wildlife

ANALYSIS

This bill allows groups of 25 or more residents or property owners of a town or towns in which a particular body of water is located to petition the commissioner of safety to require mooring permits on the body of water, after which the commissioner shall hold a public hearing on the petitions. The bill also gives the commissioner of safety authority to adopt rules establishing procedures for the public hearing process.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-1022

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to mooring permits.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Mooring of Boats on Public Waters; Petitions to Require Permits; Hearings. Amend RSA 270 by inserting after section 61 the following new section:

270:61-a Petitions to Require Permits; Hearings.

I. The commissioner of safety shall adopt rules pursuant to RSA 541-A establishing procedures for the public hearing process contained in this section. For purposes of adopting the initial set of rules required by this section the commissioner shall be authorized to adopt emergency rules as provided in RSA 541-A:18.

II. Any group of 25 or more residents or property owners of a town or towns in which a particular body of water is located may petition the commissioner safety to require mooring permits on the body of water pursuant to provisions of this subdivision and rules adopted thereunder.

III. The commissioner of safety shall hold a public hearing to determine whether to grant a petition submitted pursuant to paragraph II. In determining whether to grant the petition, the commissioner shall take into consideration the following factors:

(a) The impact of moorings on the environment, the shoreline, and wildlife.

(b) The surface area of the body of water being considered.

(c) The use or uses which have been established on the body of water.

(d) The depth of the water.

(e) The amount of water-borne traffic.

(f) The necessity of ensuring access to and use of the body of water for all individuals and the right of those individuals to appropriate use of the public waters.

(g) Whether a determination is necessary to ensure the safety of persons and property.

IV. The commissioner of safety shall schedule the public hearing at a date and time which provides interested individuals with sufficient notice and an opportunity to be heard, and at a location at or near the body of water under consideration. If mooring permits are required on a body of water as a result of a hearing pursuant to this paragraph, the effective date of such requirement shall be no sooner than October 1 of the year in which the order is issued.

V. Any person aggrieved by a decision of the commissioner of safety pursuant to this section may appeal to the commissioner for a review of the record and may appeal from such decision pursuant to RSA 541.

VI. Any mooring requirement on a body of water imposed pursuant to this section shall have the full force and effect of law.

VII. The commissioner of safety shall post any body of water on which mooring permits are required pursuant to this section.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

05-1022

1/24/05

SB 133-FN - FISCAL NOTE

AN ACT relative to mooring permits.

FISCAL IMPACT:

The Department of Safety states this bill will increase state revenue and expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on county and local expenditures or revenues.

METHODOLOGY:

The Department states this legislation intends to allow groups of 25 or more residents or property owners of a town or towns in which a body of water is located to petition the Commissioner of Safety to require mooring permits on the body of water. The Department cannot predict how many groups will petition for moorings, whether the Commissioner will grant the petitions, and how many mooring permits at $25 will be required along with any related costs associated with the new mooring permits. Therefore, the Department cannot estimate the fiscal impact to the state.

Links

SB133 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB133 Revision: 9192 Date: Jan. 21, 2010, midnight

Docket