Bill Text - SB119 (2018)

(New Title) relative to the length of docks on a water body and boat slips.


Revision: March 30, 2017, 1:34 p.m.

SB 119 - AS AMENDED BY THE SENATE

 

03/30/2017   1099s

03/30/2017   1219s

 

2017 SESSION

17-0817

08/01

 

SENATE BILL 119

 

AN ACT relative to the length of docks on a water body, water body size.

 

SPONSORS: Sen. Sanborn, Dist 9; Sen. Avard, Dist 12; Sen. French, Dist 7; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Reagan, Dist 17; Rep. Vadney, Belk. 2

 

COMMITTEE: Energy and Natural Resources

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill exempts certain temporary seasonal docks and boat lifts from permitting requirements of the department of environmental services.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/30/2017   1099s

03/30/2017   1219s 17-0817

08/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the length of docks on a water body, water body size.

 

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

 

1  New Paragraphs; Temporary Docks, and Boat Lifts.  Amend RSA 482-A:3 by inserting after paragraph IV-a the following new paragraphs:

IV-b.  An extension to any existing or grandfathered dock shall be exempt from permitting, provided that a notification is sent to the department by the owner of the property that includes the name and address of the property owner, the municipality, the waterbody, and tax map and lot number on which the proposed dock will be seasonally extended.  To qualify for an exemption under this paragraph, a temporary seasonal dock extension shall be:

(a)  Constructed to be an extension of an existing permitted or grandfathered dock;

(b)  Constructed to be removed during the non-boating season;

(c)  Removed from the lake bed for a minimum of 5 months a year;

(d)  On bodies of water of over 1,000 acres, no more than 50 feet in length including the existing dock, or 300 square feet, such that at the end of the dock the water level shall be 4 feet of water or less as measured at normal full lake level; nor more than 40 feet total in length, including the existing dock or 240 square feet on bodies of water under 1,000 acres; and

(e)  Located at least 20 feet from an abutting property line or the imaginary extension of the property line over the water, unless previously grandfathered or permitted.

IV-c.  Temporary seasonal boat lifts installed in any lake or pond shall be exempt from the permitting requirements of this section, provided that a notification is sent to the department by the owner of the property that includes the name and address of the property owner, the municipality, the waterbody, and tax map and lot number on which the proposed lift will be located.  No more than 1 boat lift shall be located on any property under this paragraph.  To qualify for an exemption under this paragraph, a temporary seasonal boat lift shall:

(a)  Only be installed adjacent to an existing permitted or grandfathered dock in a legally existing boat slip, such that no additional boat slip or dock is created;

(b)  Be located at least 20 feet from the abutting property line or imaginary extension of the property line over the water under this section;

(c)  Be removed during the non-boating season; and

(d)  Be removed from the lake bed for a minimum of 5 months each year.

2  Boat Slip; Lake Size.  Amend RSA 482-A:2, VIII (a) and (b) to read as follows:

(a)  On water bodies over [10,000] 1,000 acres, [means] a volume of water 25 feet long, 8 feet wide, and 3 feet deep as measured at normal high water and located adjacent to a structure to which a watercraft may be secured.

(b)  On water bodies of [10,000] 1,000 acres or less, a volume of water 20 feet long, 6 feet wide, and 3 feet deep as measured at normal high water mark and located adjacent to a structure to which a watercraft may be secured.

3  Effective Date.  This act shall take effect upon its passage.