Ice-damaged docks

[Onshore]

We (DES) were out last Friday morning trying to get an idea of how widespread the ice damage on Winnipesaukee was this year. We only had time to view a small portion of the lake but it was enough to indicate that the damage is considerable. (Let me pause briefly here to also state that we saw 3 separate lengths of piling floating just in the area bounded by Spindle Pt, the Weirs, and Pendleton Shores. Please be careful and keep a sharp lookout if boating during the upcoming holiday weekend.) We are investigating some options to allow us to streamline permitting for those who will need repair permits. I will post here if we can in fact provide some relief. Until then please note the following:

- If you already have a valid permit to repair and maintain docking structures please remember to post a copy of the permit on site during the work and adhere to all of the conditions listed on that permit.

- If you need to make repairs that will not require work in the water such as work involving the deck surface, stringers, and possibly the piling caps depending on how high the underlying pilings rise, then, provided the repairs do not change the size, location and configuration of the structure you do not need a permit from the NH DES. We strongly advise that you check with the municipality about the need for a local permit before starting work. Also we strongly recomend that you take photos of the docking facility before starting work just in case folks in the neighborhood had never noticed that there had been a dock there before.

- For those individuals that will need to get a permit, you can obtain a permit for "in-kind" repairs by using the Wetlands Bureau Permit by Notification Form. You cannot use the Shoreland PBN for dock repairs. You can download the Wetland forms from the DES Wetlands webpage http://des.nh.gov/organization/divis...ries/forms.htm.

Sincerely
D. Forst
Shoreland Section Supervisor
NH DES Land Resource Management Programs

[DickR]

Shore Things, when you said:
"- For those individuals that will need to get a permit, you can obtain a permit for "in-kind" repairs by using the Wetlands Bureau Permit by Notification Form. You cannot use the Shoreland PBN for dock repairs. You can download the Wetland forms from the DES Wetlands webpage http://des.nh.gov/organization/divis...ries/forms.htm."

questions come to mind. While I have no need for repairs myself, others wonder why a permit is required to repair what already existed, whether grandfathered or originally permitted with DES/town approval. Perhaps you can explain DES reasoning as to why repairs to something previously permitted or at least legally existed require a permit at all. Is "repair" abused to the point where the result went beyond what was there before? Just curious.

[winterh]

Any idea how long an "in kind" permit takes?

[Onshore]

Dick R - the answer to your question takes a little more thought than I can muster after 6 hours of meetings about rulemaking. I will come back to your question, I just need a couple of hours to recover.

Winterh - If the local Conservation Commission signs the permit by notification form before it comes to us then we can process them in 11 days or less. If the local Conservation Commission does not sign off on the form before we get it, we are required by law to hold off on processing the PBN for 21 days to allow them time to comment.

[Onshore]

Coming back to the question of why a permit is necessary for repairs to legal structures...
The most simple answer to the question is because one of the laws regulating surface waters, RSA 482-A, says "No person shall excavate, remove, fill, dredge or construct any structures in or on any bank, flat, marsh, or swamp in and adjacent to any waters of the state without a permit from the department." Technically the act of repairing the supporting structures in the water in construction.

The legal requirement aside we have noted that docking structures tend to grow and transform over time. we tend to become aware of these changes in one of two ways: either when someone files a complaint because the expansion starts to intruded on someone else's use of the area or when we receive a request for repairs. Requiring a repair permit does provide a method of keeping track of what has been constructed within the public waters/lands.

Finally, DES is undertaking a rewrite of the Wetlands Program Rules. We are looking for alternative ways to approach just about everything we do. As part of this process we will be holding a public listening session in Laconia at the end of July. I am not in charge of the scheduling so I do not know what plans for other sessions there may be. I will post links to this and other events as the information becomes available.