skip navigationOfficial State of NH Site
space
DOS Logo DOS Banner
space
space

 
Compendium
Watercraft Decisions 2010

HEARING SUBJECT
RSA
GRANTED
DENIED
REVIEW/APPEAL
OPERATING RESTRICTIONS 270:12 3 1 2
RAFTING OF BOATS 270:42 0 0 0
OPERATION OF SKI CRAFT 270:74 0 0 0
ASSISTED LAKE PROTECTION 270:01; 270:11,I(B) 0 0 0
CONGREGATE MOORINGS 270:67; 270:68 1 0 0
MOORINGS PERMITS 270:61-a 1 2 0
TOTAL HEARINGS CONDUCTED = 10   5 3 2

Beaver Lake, Derry, NH – Pursuant to RSA 270:12, and Administrative Rule Saf-C 409, a petition was received requesting amended language to an existing rule (Saf-C 402.04). Michael P. King conducted a public hearing on September 20, 2010 at the Derry Municipal Building. Commissioner Barthelmes approved the petition on December 18, 2010. The amending language reads "No person shall operate at a speed exceeding 10 miles per hour on Beaver Lake in Derry. However, this restriction shall not apply between the hours of 1 p.m. and 7 p.m. daily, and further provided that during unrestricted hours, no boat shall exceed 30 miles per hour at any time on this body of water" in accordance with RSA 270:12; and Administrative Rule Saf-C 409.

Lower Dog Cove, Squam Lake, Center Harbor, NH – Pursuant to RSA 270:12, and Administrative Rule Saf-C 409, a petition was received requesting the establishment of a No Wake Zone. M. P. King conducted a public hearing on September 17, 2010 at the Center Harbor Town Hall. Commissioner Barthelmes approved the petition on November 3, 2010.

Barber's Pole, Lake Winnipesaukee, Tuftonboro, NH – A hearing was conducted on October 1, 2010 in Tuftonboro, New Hampshire regarding a Motion to Reopen pursuant to RSA 541:3; RSA 270:12; and Administrative Rule, Saf-C 409. Testimony essentially focuses upon the relief sought within each Appellant's petition. The Appellants arguments, discloses a common thread focusing upon three issues (1) the State failing to provide adequate notice of the July 21, 2010 public hearing; (2) a portion of received public commentary relied on for fact-finding stemming from the July 21, 2010 hearing is biased and untruthful; and (3) the original petitioners did not meet the threshold of names under the law.

FINDINGS:
(#1) That there was adequate legal notice of the July 21, 2010 public hearing;
(#2) That the public commentary was properly considered at the hearing; and,
(#3) That the Offer of Proof referencing Saf-C 409.01,(a) arguing that the rule does not require a need for a co petitioner to establish residency or property ownership is not a correct interpretation of the administrative rule as the language requires the basis of each be pursuant to RSA 270:12. The validity of the petition and jurisdiction to have conducted the public commentary hearing is in jeopardy.
(#4) That the Petition to Reopen does supply supporting reference to a statute or administrative rule that I should consider to amend the published Order. The information the Appellants have presented offers sufficient argument to alter my original conclusion.

DECISION AND ORDER (synopsis)
The Original Petitioners are instructed to provide a minimum number of the twenty-five co petitioners listed within the original document submitted are each, either a resident, or a property owner of the town of Tuftonboro New Hampshire. There is no need to establish a hearing for the parties. Counsel for the Original Petitioners is notified that document submission shall be considered timely, if received within thirty days from the date of the Decision and Order. [View Response and Order October 18, 2010 Adobe Acrobat Reader Symbol]

Barber's Pole, Lake Winnipesaukee, Tuftonboro, NH – Pursuant to RSA 270:12, and Administrative Rule Saf-C 409, a petition was received dated May 10, 2010 requesting the establishment of a No Wake Zone. C. N. Duclos conducted a public hearing on July 16, 2010 at the Tuftonboro Towne House in Tuftonboro, NH. Commissioner Barthelmes approved the petition on July 30, 2010.

Green's Basin, Lake Winnipesaukee, Moultonborough, NH – Regarding a Motion to Reopen pursuant to RSA 541:3 was denied.

Green's Basin, Lake Winnipesaukee, Moultonborough, NH – Pursuant to RSA 270:12, and Administrative Rule Saf-C 409, a petition was received dated April 24, 2010 requesting the establishment of a No Wake Zone. C. N. Duclos conducted a public hearing on July 16, 2010 at the Moultonborough Selectmen's Office. Commissioner Barthelmes denied the petition on July 30, 2010.

Newfound Lake, Bristol, NH – Pursuant to RSA 270:67, RSA 270:68 and Administrative Rule Saf-C 408, a petition was received June 3, 2010 from the Town of Bristol, Board of Selectmen requesting an addition to an existing Congregate Mooring Field. C. N. Duclos conducted a public hearing on July 21, 2010 at the James Hayes Safety Building, Concord, NH. Commissioner Barthelmes recommend approval. On September 22, 2010, Governor and Council Meeting agenda item #219 authorized the permit application of the Town of Bristol requesting an increase of two moorings for a total of 21 moorings.

Mascoma Lake, Enfield and Lebanon, NH – Pursuant to RSA 270:61-a and Administrative Rule Saf-C 412, a petition was received March 6, 2010 from at least twenty-five (25) residents and/or property owners ("Petition" or "Petitioners") from the town of Enfield and city of Lebanon requesting that there be a hearing to regulate moorings pursuant to RSA 270:61-a. Michael King conducted a public hearing on May 28, 2010 at the Enfield Community Building in Enfield, NH. Commissioner Barthelmes denied the petition on July 29, 2010.

Newfound Lake, Bristol, NH – Pursuant to RSA 270:67, RSA 270:68 and Administrative Rule Saf-C 408, a petition was received December 4, 2009 from Eugene C. Brune d/b/a Lakeside Cottages requesting an addition to an existing Congregate Mooring Field. C. N. Duclos conducted a public hearing on February 17, 2010 at the James Hayes Safety Building, Concord, NH. Commissioner Barthelmes recommend approval. on March 10, 2010, Governor and Council Meeting agenda item #112 authorized the permit application of Eugene C. Brune d/b/a Lakeside Cottages located on Newfound Lake in Bristol, NH, for a congregate mooring field with a renewal of 4 moorings plus an addition 3, for a total of 7 moorings.

Big Island Pond, Hampstead, Derry, and Atkinson, NH – Pursuant to RSA 270:61-a and Administrative Rule Saf-C 412, a petition was received January 21, 2010 from at least twenty-five (25) residents and/or property owners ("Petition" or "Petitioners") from each of the towns of Hampstead, Derry and Atkinson requesting that there be a hearing to regulate moorings pursuant to RSA 270:61-a. C. N. Duclos conducted a public hearing on May 21, 2010 at the Hampstead Public Library, Hampstead, NH. Commissioner Barthelmes denied the petition on June 10, 2010.

Adobe Acrobat Reader Symbol Adobe Acrobat Reader format. You can download a free reader from Adobe.

   
  New Hampshire Department of Safety | 33 Hazen Drive | Concord, NH 03305
TDD Access: Relay NH 1-800-735-2964
space
nh NH.gov | Privacy Policy | Accessibility Policy