Revision: March 30, 2012, midnight
SB 388 – AS AMENDED BY THE SENATE
03/28/12 1402s
03/28/12 1453s
2012 SESSION
08/03
SENATE BILL 388
AN ACT relative to the use of land along Silver Lake that is below the public trust boundary.
SPONSORS: Sen. Forsythe, Dist 4; Sen. Sanborn, Dist 7; Sen. Bradley, Dist 3; Rep. Fields, Belk 2; Rep. Swinford, Belk 5; Rep. Comtois, Belk 5; Rep. Malone, Belk 5
COMMITTEE: Energy and Natural Resources
This bill:
I. Permits certain landowners of properties along Silver Lake that are below the public trust boundary to use such property for certain purposes.
II. Prohibits construction of new structures on public trust land.
III. Requires the department of environmental services to reassess the high water mark of Silver Lake, and report its determination to the senate energy and natural resources committee and the house resources, recreation and development committee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/28/12 1402s
03/28/12 1453s
12-2993
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the use of land along Silver Lake that is below the public trust boundary.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Silver Lake; Definition. In this act, “Silver Lake” means the body of water located in the towns of Belmont and Tilton bounded on the north and south by the Winnipesaukee River.
2 Use of Land Below the Public Trust Boundary. To the extent that deeds related to certain properties along Silver Lake purport to convey interests in land that may be located below the public trust boundary, the state hereby grants to any owner of such property along Silver Lake, and any successor in interest, the right to use such property to the boundaries as set forth in any pre-existing deeds for any purpose that does not negatively impact public trust uses subject to the restrictions of this section. No new structures shall be constructed on public trust land other than water-related structures. Existing structures may be repaired and replaced in-kind. Nothing in this section shall impact any right of the state to flow water in or near Silver Lake. Nothing in this section shall relieve a property owner of the need to obtain any required state, local, or federal permit or other authorization.
3 Report. The department of environmental services shall reassess the current high water mark for Silver Lake as set by the department, taking into consideration existing structures that are below such high water mark and evidence given to the senate energy and natural resources committee. The department of environmental services shall report its determination to the senate energy and natural resources committee and the house resources, recreation and development committee by November 1, 2012.
4 Effective Date. This act shall take effect 60 days after its passage.