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No wake ruling reversed after questions raised about process

Staff Report


Monday, November 8, 2010
CONCORD — The state Department of Safety has reversed its earlier decision establishing the largest no wake zone on Lake Winnipesaukee and has ordered the process reopened.

The Department of Safety ruled that the legal requirement may not have been met and has ordered the people calling for a no wake zone at Lake Winnipesaukee's "Barber Pole" to show proof of residency. The department also ruled that proper legal notice was given via publication in the only statewide newspaper in New Hampshire.

The decision was made after a petition by residents of the area and Safe Boaters of New Hampshire questioned whether proper notification was given since most of the property owners in the area were unaware of the petition until after a ruling had been made, and whether the original petitioners met the legal requirements to file such a petition.

Safe Boaters of New Hampshire believes that in the era of dwindling newspaper circulation and greater reliance on the Internet and other forms of communication, the methods of legal notification accepted in the past are no longer adequate.

Safe Boaters of New Hampshire has filed a bill that would address the notification process when a petition to change or restrict the use of New Hampshire's public waterways is being considered. The bill requires the petitioners to notify the abutters of the area being targeted by certified mail and requires the Department of Safety to post the notification of the petition on the department's official website at least two weeks before the hearing.

Regardless of the outcome of the "Barber Pole" no wake zone issue Safe Boaters of New Hampshire firmly believes everyone affected should have an opportunity to know about the proposed changes before decisions being made.