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Old 11-15-2016, 04:43 PM   #13
HellRaZoR004
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Quote:
Originally Posted by shore things View Post
What may result in a determination that the action was legal is not that it may have been done by a state agency, it is that there are special provisions for beaver dam removal in the laws governing Fish and Game.

210:9 Protection of Beaver.
I. No person shall destroy or disturb or interfere in any manner with the dams or houses of beaver, without first obtaining a special permit from the executive director.
II. Notwithstanding paragraph I or any other provision of law or rule of the executive director or the department of environmental services, a landowner, the landowner's agent, or any town or municipal or state official or employee, may destroy beaver, remove beaver dams, or install beaver pipes or beaver fences on property under their control to protect property, public highways, or bridges from damage or submersion. Dam removal shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur. Removal shall be done in a gradual manner that does not allow a sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream.
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