- (a) Subject to (b), below, the owner of a breakwater that causes significant adverse effects on abutting property owners or on public use of the water, such as by creating or contributing to the formation of sand bars or other navigation hazards, shall modify the breakwater so as to eliminate such adverse effects.
(b) The owner of the breakwater shall remove the breakwater if:
- (1) Modification is not practicable; or
- (2) The modification is ineffective in eliminating the adverse effects.
- (c) No modification or removal shall be performed without first obtaining a permit for the modification or removal under RSA 482-A.
- (d) The removal of a breakwater shall be classified as a minor project.
- (e) The modification of a breakwater shall be classified as a major project.
Source. #12805, eff 12-15-19; ss by #13776, eff 10-13-23