1. (a) In order to qualify as a dam removal under this chapter, the structure shall be removed:

   1. (1) To at least the depth of the natural streambed elevation; and
   2. (2) Subject to (b) through (d), below, to the width of the free-flowing ordinary high-water mark of the river or stream in the area of the footprint of the dam from bank to bank.

2. (b) The person seeking to remove a dam pursuant to this chapter may request the department to approve a narrower opening by submitting the request in writing with the following:

   1. (1) The width of the free-flowing ordinary high-water mark of the river or stream in the area of the footprint of the dam from bank to bank, in feet;

   2. (2) The width of the proposed opening, in feet, at:

      1. a. The natural streambed elevation;
      2. b. The ordinary high-water mark line and elevation; and
      3. c. The widest point of the opening, if other than the natural streambed elevation or ordinary high-water mark;
   3. (3) The shape of the proposed opening; and
   4. (4) An explanation of how the narrower opening will meet the criteria specified in (d), below.
3. (c) In addition to the information provided in (b)(1)-(4) above, a hydrologic and hydraulic analyses completed pursuant to Env-Wr 403.05 and Env-Wr 403.06 shall be provided, upon request by the department, in order to demonstrate that the remaining portions of the dam, if any, no longer qualify as a jurisdictional dam in accordance with RSA 482:2, II.

4. (d) The department shall approve the request for a narrower opening if the department determines that:

   1. (1) The structure will no longer be considered a dam as defined in RSA 482:2, II;
   2. (2) The remains of the dam between the ordinary high-water marks on both sides of the river will not create a safety hazard to the public when using the river;
   3. (3) The natural flow of sediment and nutrients will not be impeded; and
   4. (4) The passage of fish and other aquatic species will not be impeded.

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. #8414, eff 8-20-05; ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24