§ 482:51-a — Dams; Transfer to Municipality or Association

New Hampshire § 482:51-a

• Jurisdiction: New Hampshire
• Title L: WATER MANAGEMENT AND PROTECTION
• Ch. 482: DAMS, MILLS, AND FLOWAGE
• Subdivision: Acquisition by State of Certain Dams and Water Rights

Text

I. In this section "state-owned dam" means any dam owned exclusively by the department.
II. At least one year prior to removing any state-owned dam, the department shall offer to transfer ownership of the dam and associated property, including associated easements and water rights, to the municipality in which the dam and impoundment created by it are located. Upon notice by the department, the governing body shall cause the legislative body to answer the question of whether the legislative body wants to accept the transfer of ownership of the dam. At the same meeting, the legislative body shall consider the issuance of any long-term debt necessary to effectuate the transfer and address any deficiencies. If the legislative body votes to accept the transfer, but denies issuance of the debt, the department shall consider that to be a rejection of the offer. Upon rejection of the offer by the municipality, the department shall offer to transfer ownership of the dam and impoundment created by it to any association of landowners or any interested parties, registered as a public entity in good standing and capable of assessing local property taxes or issuing debt which have an interest in perpetuating the dam and its impoundment. Those interested parties shall have 90 days to consider whether to accept the transfer of ownership. After those 90 days have elapsed with no accepted offers for a transfer of ownership, the department may proceed with removal of the dam.
III. The procedure in paragraph II shall not apply if, upon receipt of information reasonably believed to be valid, the commissioner of environmental services believes the dam to be in imminent danger of failure and a threat to the lives and property downstream, or unless there is a compelling environmental interest in removal.
IV. When offering a transfer of a dam under paragraph II, the department shall provide to the offerees any existing documentation regarding the dam's condition, a good faith estimate of costs of necessary repairs, a list of ongoing maintenance, inspection, or licensing needed, and all other relevant information regarding the costs of taking ownership of the dam with associated property, easements, and water rights.

Legislative History

2024, 301:1, eff. July 1, 2024.