Bill Summary – FastDemocracy

HB 99 - AS INTRODUCED
                                              2021 SESSION
                                                                                              21-0108
                                                                                              11/08
HOUSE BILL              99
AN ACT             relative to seasonal platforms on public waters of the state.
SPONSORS:          Rep. J. MacDonald, Carr. 6; Rep. Marsh, Carr. 8; Rep. Crawford, Carr. 4; Sen.
                   Bradley, Dist 3; Rep. Deshaies, Carr. 6
COMMITTEE:         Resources, Recreation and Development
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                                                ANALYSIS
    This bill requires that any person seeking to anchor a floating dock, seasonal platform, inflatable
platform or float on public waters of the state adhere to requirements specified by the department of
safety, division of marine patrol.
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Explanation:      Matter added to current law appears in bold italics.
                  Matter removed from current law appears [in brackets and struckthrough.]
                  Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
                                            HB 99 - AS INTRODUCED
                                                                                              21-0108
                                                                                              11/08
                                           STATE OF NEW HAMPSHIRE
                                In the Year of Our Lord Two Thousand Twenty One
     AN ACT               relative to seasonal platforms on public waters of the state.
             Be it Enacted by the Senate and House of Representatives in General Court convened:
     1 New Subdivision; Anchored Seasonal Platforms. Amend RSA 270 by inserting after section
  72-a the following new subdivision:
                                         Anchored Seasonal Platforms
     270:72-b Definitions. In this subdivision:
         I. "Anchored seasonal platform" means a seasonal platform, inflatable platform, float, or
  device attached to such platform, inflatable platform, or float, that is attached by chains, cables,
  ropes, or related equipment to a fixed object or stationary point, or that is attached to an anchor or
  weight which is designed to rest on the bed or to be buried in the bed of a navigable body of water.
         II. "Director" means the director, division of state police, department of safety.
        III. "Division" means the division of state police, department of safety.
        IV.      "Shorefront property" means any property abutting public waters of the state.
 "Shorefront property" shall include:
               (a) A lot on the public waters that is divided by a road so that the lot is on the opposite
 side of the road from the public waters or divided by an exclusive right-of-way which has been
 acquired as a result of an eminent domain proceeding which resulted in the break or loss of property
 between the property owner's residence and shore frontage.
               (b) A lot of record with not less than 25 feet of frontage.
               (c) Shorefront property shall not mean a deeded right-of-way, nor shall it mean lots not
 contiguous to the shore with any other type of legal shorefront access. Property owned in common by
 associations and other groups shall be deemed owned by the group and shall not convey any rights to
 individual members of such group.
    270:72-c Anchored Seasonal Platform; Limitations.
        I. No person shall erect, install, maintain, or exercise control over an anchored seasonal
 platform on the public waters of the state who is not the legal owner of the adjacent shorefront
 property.
        II.    Any person erecting, installing, maintaining, or exercising control over an anchored
 seasonal platform on any public body of water shall attach his or her name and contact information
 to any such seasonal platform as provided in this subdivision.
        III.     Any person installing an anchored seasonal platform shall demonstrate to the
 satisfaction of the director that the placement of such anchored seasonal platform does not obstruct
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  any shorefront property's view of the body of water in which the anchored seasonal platform is to be
  installed.
      270:72-d Anchored Seasonal Platform Prohibited.
          I. No anchored seasonal platform shall be located:
                 (a)   In such a manner that it constitutes a hazard to the public safety because it
  interferes with or impedes, or could potentially interfere with or impede, navigation; or
                 (b)   In such proximity to moorings or to other anchored seasonal platforms as to
  constitute a hazard to public safety; or
                 (c)   In such a manner that it presents an unreasonable adverse effect on the
 environment, including but not limited to water quality, wildlife habitats, or natural areas; or
                (d) In such a manner that it unreasonably interferes with other recreational uses of the
 water and adjacent land; or
                (e) In such a manner that obstructs another property owner's view of the body of water
 in which it is located.
         II. The director shall develop rules to carry out the purposes of this subdivision pursuant to
 RSA 541-A and 270:72-g.
     270:72-e Removal of Anchored Seasonal Platforms; Powers of Director.
         I. The director or his agents shall remove or cause the removal of, or shall move or cause the
 moving of, any anchored seasonal platform, which:
                (a) Is in violation of RSA 270:72-d; or
                (b) Does not bear the owner's name and contact information as required under RSA
 270:72-c; or
                (c) Constitutes a hazard to public safety because of the manner in which it is constructed
 or maintained.
         II. The owner of record of anchored seasonal platform, if known, shall be notified, by the
 director or his agents, of the removal, by certified mail with return receipt requested, within 10 days
 of removal.
         III. Any anchored seasonal platform which is removed pursuant to paragraph I shall be
 stored in a safe place and the owner shall be notified. Before he or she may reclaim a platform
 which has been removed pursuant to paragraph I, the owner shall reimburse the person who
 removes the platform for any costs incurred in transporting and storing the platform.
     270:72-f Liability. Nothing in this subdivision shall relieve the owner or installer of an anchored
 seasonal platform from liability relating to water pollution, accidents, or other liabilities associated
 with ownership of an anchored seasonal platform.
     270:72-g Rulemaking.
         I. The director of the division shall adopt rules under RSA 541-A relative to:
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             (a)   The use, design, weight or size, construction, lighting, placement including safe
 spacing, and required maintenance of individual anchored seasonal platforms.
             (b) The enforcement of this subdivision.
     270:72-h Penalty. Any person violating the provisions of this subdivision shall be guilty of a
 violation for the first offense and guilty of a misdemeanor for any additional offenses.
     2 Effective Date. This act shall take effect January 1, 2022.