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Old 01-13-2011, 12:33 PM   #3
HarborSide CHBay
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Thank you for a reply.

I have spoken to DES prior to last year when I noticed the bottom of the lake around the problem acquather was "silver." Upon closer look, it was a smelt that had been through the blades. DES was really, really good. Even though they have never heard of the problem, they were good. They directed me to the NH Dept. of Safety re: "safety" and "public access" avenues.

NH Dept. of Safety was the most disappointing.

There are NO DANGER - THIN ICE signs either.

I even received a formal letter in late Spring, early Summer "backdated to my complaint date, indicating that the statute only applied to "public access." My hope is, after various lake issues in the past year or so regarding "state lake front property measurement points" that there would be some consistency with regard to the statute for acquatherms.

Here is the State statute.

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND
MOTORS; COMMON CARRIERS BY WATER
Use of Aqua-Therm
Section 270:33

270:33 Heating, Agitating or Other Devices in Public Waters, Safety Hazard. –No person shall put, place, operate
or cause to be put, placed or operated in the waters of this state any so-called heating, agitating or other device which
inhibits or prevents the natural freezing of water, or forming of ice, and impedes either the ingress or egress to or from ice
by means of any public access thereto.
If the heating, agitating or other device is placed anywhere else, nearby signs shall
likewise be placed to warn of possible danger. Said signs shall read DANGER, THIN ICE and shall be of sufficient size
to be readable at a distance of not less than 150 feet, and shall be visible from all directions and shall be equipped with
reflectors and color-coded in a pattern unique for this purpose only. The department of safety is hereby authorized to
establish said unique design and coloring and any homemade copies shall follow this design and coloring. The provisions
of this section shall be enforced by any law enforcement agency under the direction of the department of safety pursuant
to RSA 106-A:14 and the department of fish and game pursuant to RSA 206:26.
Source. 1973, 321:1, eff. Nov. 1, 1973.

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I'm going to try to post some pictures in a bit, as I have never done it on this forum.
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