N.H. Code Admin. R. Env-Wr 303.03
Appeal of Classification
Effective May 24, 2024#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 5-24-24Dam-Related Programs
- (a) If the owner disagrees with the department’s decision to reclassify a dam’s hazard classification, the owner may request that the department reconsider the decision.
(b) To request reconsideration, the owner shall submit a written request by first-class mail to the department or via email to: damsafety@des.nh.gov, that includes the following:
- (1) The name, mailing address, email address, and daytime telephone number of the owner;
(2) The state dam inventory number assigned by the department, if known, and if not known, the location of the dam by:
- a. Tax map and lot number of the property on which the dam is located;
- b. A description of the specific location of the dam; and
- c. Name of the stream, river, or other water body on which the dam is located, if applicable;
- (3) The results of an independent dam breach analysis conducted using the parameters found in Env-Wr 303.02(b) and Env-Wr 502.04; and
- (4) An assessment of all structures potentially impacted by a dam failure, including maximum calculated depth of flooding at critical structures or groups of structures.
(c) If the department determines that the information requested in (b) is insufficient to grant the requested reconsideration, the department shall:
- (1) Deny the request in writing and provide the reasons for the denial; or
- (2) Request that the owner resubmit the request and provide additional information for consideration.
- (d) The department shall notify the owner of its decision in writing within 60 days of receiving a complete submittal.
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