§ 270:66 — Removal of Moorings; 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 mooring, mooring component, or boat attached to it, or any combination thereof, which:
(a) Is in violation of RSA 270:63; or
(b) Is in violation of RSA 270:64; or
(c) Does not bear the decal required under RSA 270:62; or
(d) Constitutes a hazard to public safety because of the manner in which it is constructed or maintained; or
(e) Bears a permit which was obtained by falsification in the permit application process; or
(f) Is ordered removed pursuant to RSA 270:69; or
(g) Is in violation of RSA 270:61, IV or V.
II. The director or his agents shall remove or cause the removal of a mooring and any boat attached to it when the removal of the mooring, mooring component, or boat is authorized under paragraph I. The person who controls the mooring shall have the right to request a hearing before the commissioner of the department of safety pursuant to RSA 270:69.
III. The owner of record of the boat or mooring, if known, shall be notified, by the director or his agents, of the removal, by certified mail with return receipt requested, within 5 days of removal. The owner may file an application for appeal within 10 days after receipt of notification of removal of the boat or mooring. A hearing shall be held within 30 days of filing the application for appeal.
IV. Any boat or mooring which is removed pursuant to paragraph I shall be stored in a safe place and the owner shall be notified. Before he may reclaim a boat which has been removed pursuant to paragraph I, the owner shall reimburse the person who removes the boat for any costs incurred in transporting and storing the boat.

Legislative History

1987, 324:1. 1989, 284:5, eff. May 29, 1989; 368:1, eff. June 5, 1989. 2019, 80:1, eff. Aug. 17, 2019.