US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Section 482:1 – Purpose.

    482:1 Purpose. – The general court declares that there is a statewide need for conservation and control of water in streams, rivers, lakes and ponds by the repair of dams now in disrepair, the construction of new dams, the construction of hydro-energy production facilities as defined in RSA 481:2, IV, and stream clearance and […]

Section 482:10 – Supervision.

    482:10 Supervision. – The department may designate some competent inspector to inspect the construction or reconstruction of any dam for which approved plans and specifications and a permit for construction have been required under RSA 482:9 and such inspector shall report to the department any failure to comply with said plans and specifications. Source. […]

Section 482:11 – Orders.

    482:11 Orders. – I. The department may order the owner or contractor, while constructing or reconstructing any such dam, to remedy any defects caused by failure to comply with the requirements of the plans and specifications or to do anything necessary to make said construction comply with said plans and specifications, and on failure […]

Section 482:11-a – Duty of Owner.

    482:11-a Duty of Owner. – The owner of a dam shall maintain and repair the dam so that it shall not become a dam in disrepair. The owner shall develop an emergency action plan for any dam, the failure of which may threaten life or property. Source. 1997, 178:3, eff. Aug. 16, 1997.

Section 482:12 – Inspecting Dams, Repairs, Emergency Action Plans.

    482:12 Inspecting Dams, Repairs, Emergency Action Plans. – I. It shall be the duty of the department from time to time to cause all dams in the state which, by reason of their condition, height or location, may be a menace to the public safety to be inspected by competent engineers. A dam that […]

Section 482:12-a – Emergency Actions.

    482:12-a Emergency Actions. – If during any flood warning issued by the National Weather Service, the condition of any hazardous dam becomes so dangerous to the safety of life or property in the opinion of the department as not to permit sufficient time for issuance of an order in the manner provided by RSA […]

Section 482:12-b – Rights of Entry and Access.

    482:12-b Rights of Entry and Access. – During a flood warning issued by the National Weather Service, the department shall have the right to enter on any property, public or private, for the purpose of investigating the condition, construction, or operation of any hazardous dam or associated equipment, facility, or property to take emergency […]

Section 482:13 – Public Informational Meeting Required.

    482:13 Public Informational Meeting Required. – I. No owner shall breach any dam, lower any water body for the repair of any dam, or cause any significant lowering of the water level in a pond or lake without first notifying the local governing body in the cities or towns where said dam or water […]

Section 482:14 – Appeals.

    482:14 Appeals. – All orders issued by the department under the provisions of this subdivision shall be subject to appeal pursuant to RSA 21-O:14 but shall remain in force until modified or set aside on appeal. Source. 1989, 339:1. 1996, 228:59, eff. July 1, 1996.

Section 482:16 – Expenses.

    482:16 Expenses. – The expense of examining plans or specifications and of inspecting the construction or reconstruction of a dam as authorized in this subdivision, including the salaries of the regular employees of the department for the time actually devoted to work necessary to such examination or inspection, shall be paid to the department […]

Section 482:17 – Right Granted.

    482:17 Right Granted. – Any person or corporation authorized by its charter or articles of agreement to do so may erect and maintain on his or its land, or on land of another, with the owner’s consent, a dam upon or across any stream or may increase by flashboards or permanently the height of […]

Section 482:18 – Conflicting Claims.

    482:18 Conflicting Claims. – The provisions of this subdivision shall in no way affect any mill of other persons lawfully existing on the same stream or any mill site or mill privilege of other persons on which a milldam has been lawfully erected and used or the right of any owner of such mill, […]

Section 482:19 – Notice Required for Hydro-energy Generation Projects.

    482:19 Notice Required for Hydro-energy Generation Projects. – I. Every applicant to the Federal Energy Regulatory Commission for the permits and licenses, or modifications of permits or licenses, necessary for the development, construction, or reconstruction of a hydro-energy project shall place, on or prior to the date of such application, a notice of his […]

Section 482:2 – Definitions.

    482:2 Definitions. – Words and phrases used in this chapter shall mean and be construed as follows, except where a different meaning is clearly intended from the context: I. " Classification of a dam " means the potential hazard classification placed on a dam by the department based on the potential threat to life […]

Section 482:20 – Termination of Rights.

    482:20 Termination of Rights. – All rights, powers, privileges and franchises conferred upon any corporation, enabling it to construct and maintain milldams upon the streams of this state and to flow lands or do any other act necessary to the development of hydroelectric energy, shall terminate and be forfeited at the end of 6 […]

Section 482:21 – Forfeiture.

    482:21 Forfeiture. – Upon the written complaint of any citizen filed with the attorney general, setting forth that any corporation has failed to commence the actual work of constructing its dam or plant during the time limited by RSA 482:20 or has failed to prosecute the same with reasonable diligence until such dam or […]

Section 482:22 – Highways.

    482:22 Highways. – The provisions of this subdivision shall not affect the right of any town in any highway or bridge which the town may be liable to keep in repair, nor authorize any unreasonable interference with the use of any stream as a public highway. Source. 1989, 339:1, eff. Jan. 1, 1990.

Section 482:23 – Responsibility for Repairs.

    482:23 Responsibility for Repairs. – The necessary repairs on a mill, milldam or flume owned by joint tenants, or tenants in common, or owned in severalty when the privilege of the water is owned jointly or in common, shall be made by the owners in proportion to their respective interests in such structures. Source. […]

Section 482:24 – Petition for Order; Two Towns.

    482:24 Petition for Order; Two Towns. – I. When in the opinion of the owner of any part or share of a mill, milldam or flume it is necessary that it be rebuilt or repaired, and the other part owners neglect to rebuild or repair the same, he may apply, by petition in writing, […]