Revision: March 18, 2024, 1:50 p.m.
Rep. Darby, Hills. 11
March 13, 2024
2024-1107h
06/08
Amendment to HB 1301
Amend the bill by inserting after section 1 the following and renumbering the original sections 2 and 3 to read as 3 and 4, respectively:
2 New Section; Wake Surfing Restrictions; Petition and Hearing. Amend RSA 270-D by inserting after section 3 the following new section:
270-D:3-a Wake Surfing Restrictions; Petition and Hearings.
I. The commissioner of the department of safety shall adopt rules pursuant to RSA 541-A establishing scheduling and procedures for the public hearing process contained in this section.
II. Any group of 25 or more residents or property owners of a town in which a lake, pond, or river is located may petition the commissioner to prohibit or restrict wake surfing on the lake, pond, or river, or a portion thereof.
III. The commissioner 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 wake surfing on the environment, the shoreline, and wildlife.
(b) The surface area of the lake, pond, or river, or portion thereof, being considered.
(c) The use or uses which have been established on the lake, pond, or river, or portion thereof.
(d) The depth of the water.
(e) The amount of water-borne traffic.
(f) The necessity of ensuring access to and use of the lake, pond, or river 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. For this paragraph, "abutter " means any person who owns property immediately adjacent and contiguous to the area on which the change of use or restriction of use will take place. "Abutter" shall not include the owner of a parcel of land located more than 1/4 mile from the limits of the proposed change or restriction. Persons petitioning the commissioner requesting such a restriction shall notify, by certified mail, all abutters in New Hampshire with deeded waterfront property or deeded water access rights of the time and location of the public hearing as well as the proposed change or restriction. In addition, the time and location of the public hearing shall be printed in a newspaper of general circulation in the cities or towns with abutting properties at least 24 hours, excluding Sundays and legal holidays, prior to such hearings. The department shall post the petition on its official website at least 2 weeks prior to a public hearing scheduled by the department of safety.
V. The commissioner shall render a decision within 30 business days after the hearing. If wake surfing on a body of water is prohibited or restricted, the effective date of such prohibition shall be no sooner than October 1 of the year in which the order is issued. Hearings under this section shall be held in the vicinity of the body of water under consideration during the months of June, July, August, and September following the date of the petition.
VI. Any person aggrieved by a decision of the commissioner 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.
VII. Any prohibition or restriction of wake surfing on a lake, pond, or river, or portion thereof, imposed pursuant to this section shall have the full force and effect as if enacted as law.
VIII. The commissioner shall post any lake, pond, or river, or portion thereof, from which wake surfing is prohibited or restricted pursuant to this section.