1 New Paragraph; Wake Surfing Restrictions. Amend RSA 270-D:3 by inserting after paragraph VII the following new paragraph:

VIII. No person shall operate a motorboat while engaged in wake surfing on a lake, pond, or river, or area thereof, on which wake surfing is prohibited or restricted as a result of a hearing pursuant to RSA 270-D:3-a.

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 shall adopt rules pursuant to RSA 541-A establishing 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. Persons petitioning the commissioner requesting such a restriction shall notify, by certified mail, all abutters with deeded waterfront property or deeded water access rights of the proposed change or restriction and 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. For this section, "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.

IV. 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.

V. The commissioner shall hear all petitions as soon as possible after they are submitted. The commissioner shall give priority to hearing first the petitions submitted on behalf of lakes, ponds, or rivers which are generally considered to have problems with wake surfing as evidenced by the number of complaints submitted. A decision shall be rendered within 30 days after the hearing. If wake surfing on a body of water is closed in its entirety as a result of a hearing pursuant to this section, the effective date of such prohibition shall be no sooner than October 1, of the year in which the order is issued.

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.

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

1 New Paragraph; Wake Surfing Restrictions. Amend RSA 270-D:3 by inserting after paragraph VII the following new paragraph:

VIII. No person shall operate a motorboat while engaged in wake surfing on a lake, pond, or river, or area thereof, on which wake surfing is prohibited or restricted as a result of a hearing pursuant to RSA 270-D:3-a.

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 shall adopt rules pursuant to RSA 541-A establishing 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. Persons petitioning the commissioner requesting such a restriction shall notify, by certified mail, all abutters with deeded waterfront property or deeded water access rights of the proposed change or restriction and 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. For this section, "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.

IV. 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.

V. The commissioner shall hear all petitions as soon as possible after they are submitted. The commissioner shall give priority to hearing first the petitions submitted on behalf of lakes, ponds, or rivers which are generally considered to have problems with wake surfing as evidenced by the number of complaints submitted. A decision shall be rendered within 30 days after the hearing. If wake surfing on a body of water is closed in its entirety as a result of a hearing pursuant to this section, the effective date of such prohibition shall be no sooner than October 1, of the year in which the order is issued.

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.

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