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Old 06-10-2010, 01:57 PM   #1
ishoot308
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Just a few clarifications for the readers of this thread.

The proposal on the table is an Administrative Rule being proposed by the Department of Safety, specifically the New Hampshire Marine Patrol. It is not a bill or law bering proposed or introduced in the Legislature.

Administrative Rules have the effect of law if they are adopted.

Currently there are no rules or standards governing swim rafts. The Administrative Rule that covered swim rafts, Saf-C 404.09, was rescinded on April 25 of 2006, leaving no rules in place since then. As a sidenote, the current swim raft proposal mirrors in many respects the current Administrative Rule (Saf-C 404.08) that governs swim lines.

The process for adopting an Administrative Rule is lengthy and can be quite complicated. Depending on it's path it can or cannot include action by the State Legislature.

If you click HERE you can go to a page that gives you further explanations and a nifty flow chart (.pdf file) of how a rule is formulated.

The time is now to contact the Department of Safety, using the links already provided by other posters, to let your opinions, suggestions and ideas be considered by the Department of Safety. You are also free to contact your local State Legislator if you have concerns.

hope this helps clear this up a bit....

Skip
Skip;

I'm confused now... I just put out a swim raft last year and contacted Marine Patrol for the current regulations. I was told by them about the 150' rule and to stay within my waterfront boundaries. They also asked if i was on a channnel or highly navigable waterway and if I was I could not put out a raft. Were they just making this up??

Dan
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Old 06-10-2010, 02:06 PM   #2
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Arrow Obstructing of channels, etc

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Originally Posted by ishoot308 View Post
Skip;

I'm confused now... I just put out a swim raft last year and contacted Marine Patrol for the current regulations. I was told by them about the 150' rule and to stay within my waterfront boundaries. They also asked if i was on a channnel or highly navigable waterway and if I was I could not put out a raft. Were they just making this up??

Dan
On the latter question ... I'd say no. I believe there's an RSA that prohibits any obstructing of channels and waterways and so would include swimrafts by default.
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Old 06-10-2010, 02:12 PM   #3
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On the latter question ... I'd say no. I believe there's an RSA that prohibits any obstructing of channels and waterways and so would include swimrafts by default.
And by keeping it within your boundaries would prevent any dispute issues raised by neighbors.

Any closer than 150' and a boat needs to come of plane so it keeps your swimmers from the danger of boats on plane.

It sounds to me that all the things they requested are just the sense things to do to keep you and everyone around you happy, thus they are not chasing down calls for these types of issues.
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Old 06-10-2010, 02:35 PM   #4
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Post General Navigation Obstruction RSA

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Skip;

I'm confused now... I just put out a swim raft last year and contacted Marine Patrol for the current regulations. I was told by them about the 150' rule and to stay within my waterfront boundaries. They also asked if i was on a channnel or highly navigable waterway and if I was I could not put out a raft. Were they just making this up??

Dan
Hi Dan,

There is a general RSA (270:26) that covers obstructions to navigation. However, there are no specific regulations governing swim rafts since the Administrative Rule lapsed four years ago.

Unfortunately the lapsing of Administrative Rules with no fall back regulation is an all too common occurence within the State.

Not being privy to the call I will assume that they have taken the stance that any raft further than 150 feet from the shore, or not in line with your property boundaries or in a channel will be removed utilizing this RSA.

HERE is the general RSA on Navigation obstructions.
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Old 06-10-2010, 02:56 PM   #5
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Hi Dan,

There is a general RSA (270:26) that covers obstructions to navigation. However, there are no specific regulations governing swim rafts since the Administrative Rule lapsed four years ago.

Unfortunately the lapsing of Administrative Rules with no fall back regulation is an all too common occurence within the State.

Not being privy to the call I will assume that they have taken the stance that any raft further than 150 feet from the shore, or not in line with your property boundaries or in a channel will be removed utilizing this RSA.

HERE is the general RSA on Navigation obstructions.
Thanks for the clarification Skip! I thought for sure the 150' was an official rule directly relating to swim rafts.

Dan
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