N.H. Code Admin. R. Env-Wr 404.01
Approval
Effective May 24, 2024#1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90 New. #5080, eff 2-22-91; rpld by #6462-B, eff 2-21-97 New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24Dam-Related Programs
(a) Subject to (b) and (c), below, the department shall approve an application to construct or reconstruct a dam if:
- (1) The requirements of Env-Wr 402 and Env-Wr 403 have been met; and
- (2) Issuance of the permit is consistent with RSA 482:1 and any other applicable provisions of RSA 482.
- (b) If the proposed dam is a new dam on a great pond, the application shall not be approved until the owner has been granted authority by the legislature to construct or reconstruct the dam in accordance with RSA 482:7.
- (c) If the dam is proposed under RSA 482:17, the application shall not be approved until the department has determined after holding a non-adjudicative hearing in accordance with the applicable provisions of Env-C 200 that it is in the public benefit to grant the permit pursuant to RSA 482:31.
Source. #1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90 New. #5080, eff 2-22-91; rpld by #6462-B, eff 2-21-97 New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24