1. (a) The owner may request approval from the department to modify the dam so it no longer meets the definition of a dam in accordance with RSA 482:2, II.

2. (b) To request approval for modification, the owner shall submit the following information in writing to the department:

   1. (1) The name, mailing address, email address, and daytime telephone number of the owner;

   2. (2) The date of the department’s order or request to repair, reconstruct, or remove the dam, if any, and if none, the:

      1. a. Tax map and lot number of the property on which the dam is located;
      2. b. A description of the specific location of the dam;
      3. c. Name of the stream, river, or other water body on which the dam is located, if applicable;
      4. d. Reason(s) for the proposed modification; and
      5. e. Hazard classification of the dam;
   3. (3) A detailed explanation of the specific work that will be performed, including anticipated inflows and outflows during the work and the effect of such flows on upstream and downstream property and any potential public safety concerns;
   4. (4) The name(s), mailing address(es), email address(es), and daytime telephone number(s) of the person(s) proposed to perform the work; and
   5. (5) A proposed schedule for the work, which shall include time for the notice and hearing required by RSA 482:13, as applicable.

3. (c) The department shall approve the modification if the department determines that:

   1. (1) The proposed modification will cause the structure to no longer meet the definition of a dam; and
   2. (2) The work will be performed in a manner that will not cause flows that would result in property damage or threaten public safety upstream or downstream of the dam.

4. (d) If the department determines that after the review of the proposed modification the structure will still meet the definition of a dam, the department shall require the submission of an application to reconstruct a dam and approval of the modification of the dam shall be given provided that:

   1. (1) The work will be performed in a manner that will not cause property damage or threaten public safety upstream or downstream of the dam;
   2. (2) The threat posed to life or property after completion of the work is no more than it would have been if the work required by the department pursuant to Env-Wr 302.03 had been completed, if applicable; and
   3. (3) The requirements of Env-Wr 303.10 relative to discharge capacity will be met as a result of the proposed work.

Source. #1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84; amd by #4534, eff 11-30-88; ss by #5080, eff 2-22-91; ss by #6462-B, eff 2-21-97; ss by #8285, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8414, eff 8-20-05; ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24