“Grandfathered structure” means a docking structure that:

1. (a) Was in place before permit jurisdiction, as defined in Env-Wt 103, took effect;
2. (b) Has either remained unaltered in location, size, and configuration or is a replacement structure as defined in Env-Wt 104;
3. (c) Has not been abandoned as defined in Env-Wt 102;
4. (d) Is consistent with the public’s right to reasonable use of public waters, as established in New Hampshire case law; and
5. (e) Is not built on land created by the unauthorized filling of public waters.

Source. (See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.14)