SB 0046

AN ACT relative to the applicability of mooring permit requirements.

SPONSORS: Sen. Johnson, Dist 3; Sen. Russman, Dist 19; Rep. Bradley, Carr 8; Rep. Dickinson, Carr 2

This bill applies the mooring permit laws to all state-owned public waters of 500 acres or more, except Massabesic Lake. This bill also establishes a hearings process allowing residents or property owners to petition the commissioner of safety to require mooring permits on other bodies of water.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the applicability of mooring permit requirements.

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

1 Navigation; Mooring of Boats on Public Waters; Mooring Permit Required, Limitations; Applicability. Amend RSA 270:61, I to read as follows:

I. Any person erecting, installing, maintaining, or exercising control over a mooring on [~~Lake Winnipesaukee; Lake Winnisquam; Squam Lakes; Newfound Lake; Ossipee Lake; and Lake Sunapee~~] state-owned public waters, as defined by 271:20, of 500 acres or more shall obtain a mooring permit from the division as provided in this subdivision.

2 Navigation; Mooring of Boats on Public Waters; Mooring Areas, Designation; Determination and Assignment. Amend RSA 270:68, I to read as follows:

I. The division shall[~~, after consultation with the office of state planning,~~] determine the need and suitable locations, size, and configuration for mooring areas. The director shall designate appropriate mooring areas and assign mooring sites within such designated areas to individuals not having legal access over land to such mooring area but who meet all other requirements of this subdivision and can demonstrate a need for a site in such area. All designated mooring areas shall be consistent with any existing master plans, zoning ordinances, wetlands conservation district ordinances, and capital improvements programs of the adjacent municipality.

3 New Section; Navigation; Mooring of Boats on Public Waters; Hearings to Require Permits. Amend RSA 270 by inserting after section 72-a the following new section:

I. The commissioner of the department of safety shall adopt rules pursuant to RSA 541-A establishing procedures for the public hearing process contained in this section. For the 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 body of water of less than 500 acres is located may petition the commissioner of the department of safety to require mooring permits on the body of water.

III. The commissioner of the department 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:

(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 the department of safety shall hear all petitions in the vicinity of the body of water under consideration and shall schedule the hearing at a date and time which provides interested individuals with sufficient notice and an opportunity to be heard. 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 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 as if enacted as law.

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

I. Massabesic Lake is hereby exempted from the mooring permit requirements RSA 270:61, I, as amended by this act.

II. The mooring permit requirements RSA 270:61, I, as amended by this act, shall apply to the following public waters beginning January 1, 2001:

III. The mooring permit requirements RSA 270:61, I, as amended by this act, shall apply to the following public waters beginning January 1, 2002:

IV. The mooring permit requirements RSA 270:61, I, as amended by this act, shall apply to the following public waters beginning January 1, 2003:

AN ACT relative to the applicability of mooring permit requirements.

The Department of Safety stated this bill will increase state general fund revenue and expenditures by an indeterminable amount in FY 2000 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.

The Department indicated this bill will cause the mooring permit laws to apply to an additional 39 bodies of water over the six lakes effective January 1, 2000, an additional 53 bodies of water effective January 1, 2001, and an additional 902 bodies of water effective January 1, 2002. The Department cannot estimate how many moorings will exist requiring permits, and therefor cannot estimate the related potential revenues from those permits nor the expense to issue the permits.