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#1 |
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I had a hypothetical question. What is to stop a sailboat (or any boat, for that matter) from dropping anchor somewhere on the lake and spending the night? What is the difference between a boat illegally anchoring for the night, and simply a vessel at anchor? Must everyone in the boat be unconscious?
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#2 |
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Chapter 4: The Legal Requirements of Boating
Obstructing Navigation Vessel operators should always be considerate of other vessel operators even when stopping to anchor or moor. Keep in mind that it is illegal to: * Operate any vessel in such a way that it will interfere unnecessarily with the safe navigation of other vessels on the waterway. * Place an obstruction in the water that is dangerous to others’ navigation. * Anchor a vessel in the traveled portion of a river or channel that will prevent or interfere with any other vessel passing through the same area. * Moor or attach a vessel to a buoy (other than a mooring buoy), beacon, light, or any other navigational aid placed on public waters by proper authorities. * Move, displace, tamper with, damage, or destroy any navigational aid. * Obstruct a pier, wharf, boat ramp, or access to any facility. * Cut loose any vessel that is moored or at anchor without the permission of the owner. * Anchor overnight on any inland body of water. I think this is because there is a chance the anchor could drag and you could wake up somewhere you wouldn't want to be.
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#3 |
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I think the answer is that it is difficult to enforce. But if you are found anchored after midnight, it's kinda suspicious that you might be spending the night... It's probably another thing that's just up to the discretion of the officer who finds you whether you are "anchoring overnight" or "taking a late-evening nap."
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#4 |
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The actual law as written says you may not anchor a "houseboat" overnight. It says nothing about other boats. So according to the way the law is written, I believe a boat that does not meet the definition of a houseboat *can* legally anchor overnight.
Here is the law pertaining to overnight anchoring: http://www.gencourt.state.nh.us/rsa/...-A/270-A-3.htm Here is the definition of a houseboat: http://www.gencourt.state.nh.us/rsa/...-A/270-A-1.htm Ken |
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#6 |
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Can you sleep overnight on a boat (houseboat, whatever) that is on your legal mooring?
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#7 |
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You can not anchor overnight.
Here is a thread on the subject http://www.winnipesaukee.com/forums/...ead.php?t=4724 As you can read the law is not all that clear. What IS clear is the way the Marine Patrol enforces it. They will not let you anchor overnight. |
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#8 |
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That's a good question Steve.I would guess that a mooring is not considered an anchor so based on GWC's link I would say no.But then again,there are numerous boats that fit the houseboat definition (sleeping quarters and toilets) that are on moorings.However,I did not that you could sleep overnite on a mooring.Confused now?I know I am.SKIP?
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#9 | |
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There is a specific law that prohibits overnight anchoring/mooring of HOUSEBOATS on all inland waters, unless specific exceptions are met. The State is fully aware of this gap in the law, but the last time it was attempted to ammend the law to change the verbiage from HOUSEBOAT to ALL VESSELS, the act failed after coming out of the Senate. The only question is how does the term HOUSEBOAT apply to your particular vessel? It has a very broad definition. Anyway, if you get caught anchoring overnight you will most likely recieve a summons. So if you take the risk be prepared to defend yourself in Court, and decide if the loss of time & money was worth it, or would you have been better off just making other arrangements and not pushing the limits. By the way, I have had a lot of folks tell me that if your boat has cushions and a porta potti, or even a handy bucket aboard, this is all the NHMP nneds to apply the "temporary sleeping and toilet" facility standard. But then what about all the pontoon boats & bow riders that daily cruise Squam, Conway & other lakes in New Hampshire where houseboats by definition are banned altogether? Many of these craft have porta pottis and cushions that easily convert to sleepers! Unfortunately it is the misapplication of statutes like this, and the unwilligness of the State to make the necessary corrections, that cause too many to have a disrespect for those that have to enforce these poorly written laws. Quite frankly I wish the State would clarify the Statute and make it apply to all watercraft. Simple & clear as that. Our lakes and rivers are just to fragile to allow unbridled overnight "camping" on the water....and we clearly do not have enough folks available to police the minority that would defile the environment to satisfy their needs. I just plain don't understand why a sincere effort hasn't been made in the last 15 years to fix this discrepancy! ![]() |
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#10 | |
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At least her interpretation. To legally sleep in a boat on a body of water in the State oh NH, it has to be tied up to a dock or at a legal mooring that you have permission to use. So, yes you can. If the boat is floating free even with a "watch" that is illegal. If the boat is underway cruising back and forth all night, and there are people asleep in the cabin, that's illegal. A boat load of fisherman with one passed out in his seat is illegal (I was really a pest!). Sneaking onto somebody else's mooring or dock is illegal. Probably just trespass, I didnt push it. Hiding in a mooring field is also a no-no. Hiding in an area with a lot of registerred individual moorings is not good. FYI - A vessel legally moored in a charted mooring field or on a registerred individual mooring does not have to display an anchor light so we should all be careful cruising near shore. Good luck! |
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#11 |
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Are there any laws saying you can't sleep in your boat at a rented slip located within a Marina?
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No, provided that the marina allows it (some expressly forbid it, others (like Silver Sands) have boats that rarely ever leave the docks and serve as weekend homes for people)).
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#13 | |
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As long as a capable, certifed and awake individual is minding the helm while the craft is underway (whether powered or adrift) no offense has occured and there is absolutely no restrictions to others aboard being asleep. Skip |
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#14 |
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As a practical hiding spot, one could probably hide a short boat inside the tunnel to Pickerel Cove and not get caught.
Another good spot would be one of the empty slips at Irwin Marine in Laconia. Their sign out front says 'slips available.' Plus, they have a very nice bathroom with lots of hot water and a huge, old, marble sink. Another good spot: tied to the dock of a 2million dollar mcmansion. Lots of time,, those big homes have nobody home. Blending into a mooring field sounds doable, too. As long as your boat blends, it's just one more boat out the...re. ![]()
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#15 |
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Done all the time on the ocean and coves along the coast. Cruising, is the term!
The law came in to play on inland lakes, I was told long ago, because certain legislators (long time ago) lived on some waterfront and did not like boats anchored out front of their own property! Their lobbying and use of language got the initial laws passed. |
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#16 | |
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#17 |
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Originally Posted in an earlier thread back in 2003.
I was anchored in the cove on Timber Island South. A friend and I decided to do a little sunset skinny dipping when low and behold a P-boat appeared. I've been dipping all my life on this lake and this is the first encounter with the law. We had to make ourselves decent and fear of a ticket for indecent exposure crossed our minds. The officer is not knowledgeable of maritime law. Or did the State of NH prevail? The officer wrote me a ticket because my bow light (red/green) was not on! I had my stern light on and I argued that it is all you need if you are anchoring. He stated that all I need was the red/green light and it must be on if I want to anchor overnight! Since he said I can anchor overnight and I have a witness we decided to call his bluff. With just the bow light on we anchored overnight. No one bothered us. I decided to contest this in court and send in a not guilty plea. It's been 4 months and I am still waiting for the court date! Since I have not heard from them, I'm assuming it is perfectly legal to anchor overnight on the lake. My boat is a day cruiser with no sink, refrigerator or porta potti.
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#18 |
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From a logical point of view.
If you are anchoring overnight, and you have some kind of toilet facility, then you are a houseboat and you are breaking the law. As people have pointed out the sleeping accommodations part of the requirement can be almost anything. And one can assume you will not be standing up awake all night. If you DON'T have some kind of toilet facilities, then where are you going to the bathroom? The only logical conclusion is in the lake, and that is also illegal. Either way you can't legally anchor overnight. |
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#19 | |
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Now a new question that your answer brought up. I have always assumed that the owner of the land that provides access to a mooring in front of it must apply for the mooring in their name. Is that owner then allowed to rent that mooring or even allow access to another person to use that mooring exclusively. My problem is I have a neighbor that (I assume) rents their mooring out to another person. That person sleeps overnight on the boat and in the morning his wife brushes her teeth and spits out the toothpaste into the lake. Don't know what else gets "spit out" but they have a dog on board as well. I know I should be asking the mooring dept this but thought I'd ask the experts of the forum. |
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#20 | |
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#21 |
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I don't agree.Maybe I'm missing something but I don't see where a mooring is ok.See how fun this ambiguity is?
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#22 | |
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As big as the lake is, proper disposal of by-products of soap, detergent, shampoo, boat cleanser, and other normally-drained substances shouldn't be into this lake. IMO. |
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#23 |
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[QUOTE=Steveo;76164]That person sleeps overnight on the boat and in the morning his wife brushes her teeth and spits out the toothpaste into the lake. Don't know what else gets "spit out" but they have a dog on board as well.[QUOTE]
If you are bervous about folks "spitting toothpaste" into the lake - then you don't want to know what else goes into the lake! I cannot believe you'd be that concerned about toothpaste. When you swim - do you ever intentionally or not take in a mouthful of water? Do you swallow or spit it out? Have you ever seen little kids (or big ones for that matter) playing in the shallow waters - stop for a breif moment - get that look on their face like a nervous dog - and then immediately go back to playing? Do you ave any clue what they are doing? Where do you think all the boaters who anchor at the various sandbars and drink the 12 packs of beer recycle that beer during the late afternoon? Toothpaste?? Not a concern for me and should not be one for you! |
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#24 | |
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Had I been aware of this clearly huge hole in the statute I would have asked the MP guys this weekend that gave me a courtesy inspection. I may have to write to the MP and ask them just for the heck of it, or better yet if anyone from the MP happens to read this forum, some sort of opinion on the matter would be interesting to read. Afterall it's not a matter of whether or not we read and understand the law correctly, it's if the MP would bust you for it and for what violation they would site. |
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#25 | |
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2. This forum has really gotten to be a slam fest against people more than the information source it was meant to be. I asked a question about renting a mooring to someone other than the original mooring applicant and I get slamed for worrying about toothpaste - I don't get it - thanks for the help |
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#26 |
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One year ago we were going over this same question on the forum. I sent an email to the Marine Patrol asking for clarification. Here is the response I received.
"6/17/2007 Mr. Xxxxxxx, You are accurate that the statute applies to the houseboats. Please keep in mind that the definition of houseboat can easily be applied when someone is sleeping on a boat. Obviously it would have sleeping facilities and certainly they would have some type of toilet facility if sleeping on board. This situation would classify their boat as a houseboat. Therefor, any boat anchored with people sleeping is in violation. Any boat found at anchor stargazing, playing cards, etc., are not cited. This has been the department's practice and has been accepted by the courts at time of trial. Safe Boating! Tim Dunleavy Lieutenant NH Marine Patrol" So the Marine Patrol is very clear that "any boat anchored with people sleeping is in violation". My point is simple. If you are in a houseboat you are breaking the law. If you are not in a house boat, then where are you going to the bathroom? |
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#28 | |
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Just saying that I would argue the point that you would require some sort of relief facilities if anchoring overnight. |
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#29 | |
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He needs to communicate this to his troop. I have anchored and slept on the boat a number of times since the Timber island episode. No problems.
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#30 | |
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#31 | |
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[quote]My problem is...his wife brushes her teeth and spits out the toothpaste into the lake. Don't know what else gets "spit out" but they have a dog on board as well.[quote] Thus my reply (not a slam) which was to question your apparent concern for something as simple as toothpaste when in fact we all know way more potent "stuff" goes into this lake. The fact that you used the incident indicated to me that your concern was the spitting of toothpaste, not of the renting of the mooring. Sorry if I misread. ![]() I think the forum is a very informative place....and folks tend to repsond to the whole question. And as Nana used to say - "can't take the heat - stay outta the kitchen." ![]() |
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#32 |
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Steveo,
I believe NH has a "Zero Tolerance" for gray water discharge on land or in the water so technically that person is probably breaking a law there. Even though there are much greater 'discharge' violations taking place at every beach it is still kind of rude. I know if I saw somebody doing that I would say "Eew yuck!" If you're really squeamish, dont drink city water in Laconia! ![]() As for the mooring itself, I am pretty sure only the land owner can file the application but can authorise anyone else to use it. A tenant usually has the same rights as a landowner but the clerk might ask to see the lease. I wouldnt want to bet a large sum on how that might turn out, either way. Especially for a seasonal or short-term rental. As for the "slamming" that sometimes goes on, It can get a bit "rough and tumble" on the internet. Due the anonymity sometimes people feel less accountable for their words. I have a fairly thick skin myself and try to interpret how folks post with the benefit of the doubt. Most folks here will apologise or back-peddle a bit if you suggest they seem a bit over the edge. Hang in there! |
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#33 |
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I just took a look at my Mooring Permit, at the bottom is says...
Pursuant to RSA 270:63, this permit may not be transfered to any other person or location by gift, sale, lease or rent, and may be revoked with just cause, as specified in Saf-C 408.09. To get the stickers every year you must send them a copy of the registration of the boat that will be using the mooring. Plus $25 per mooring. I don't know if spitting toothpaste into the lake is legal or not (where is Skip when we need him). My question is... if her spit goes in the lake... what is she doing with her urine? |
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#34 | |
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Anyway, a couple of quick points: As BI has pointed out, you cannot lease or sell your mooring permit to a third party. You can allow a guest to stay on your mooring...but if it's an overnight junket on a houseboat YOU MUST notify the Department of Environmental Services. This is the Agency that you would take your complaint to in reference to the activity noted above. Don't you just love New Hampshire law? And frankly, what difference does it make if you spend 8 to 10 hours on the water at night, or do so during the day? Where do we think all the daytrippers without heads are doing their stuff? I have a lot of respect for the LT, but did get a good chuckle out of his e-mail. Some of you good folks are starting to catch on to how convoluted the law making process is in this State. The strange twists and turns that HB847 took are but a good example. Let's talk frankly about the overnight anchor/mooring law. This law was implemented several decades ago when the Lake was much less congested and times a little simpler. It had a specific purpose, to prevent people from launching and living on the inland waters in toilet/bed equipped houseboats unregulated, a problem that was slowly creeping across the country. The law specifically targeted legally defined "houseboats". In the early 90s it was clearly recognized by the State that the verbiage did not include all watercraft, but a specific and narrowly defined class. It 1993 the Senate, recognizing the loophole, attempted to ammend the law to include all watercraft. After leaving the Senate the bill was ITL'd, and the subject quietly dropped. Fast forward a decade or so, and now you have a much more crowded lake with much larger boats, easier to spend the night on. But here's the rub. No one dares bring the issue forward again for two reasons. The initial publicity could cause a multitude of problems when media coverage reveals to the masses that the law only covers a specific type of craft. Additionally, what happens if the ammendment fails again, this time with a much larger potential audience of overnight water campers playing close attention? No one wants that headache, so it is easier to play word games and puposely cause confusion over the issue. The sad part of all this? The belief by some that if someone in a boatload of fishermen falls asleep, the operator can be cited for "overnight anchoring". The absurd that you can't boat at night with one or more of your passengers taking a snooze. What bothers me about this particular faulty statute is that the State persists in creating a myth in the belief that most people will act like sheep, and blindly not question the regulation. And the saddest part is that they are right, in this particular instance. In closing, I have said it before and will repeat it again, I think that the law should be simply ammended to include all watercraft. The fact that the folks in position to make this happen won't is a sad statement on how convoluted politics have become in my State. Off the soapbox, it's time to brush my teeth and go to bed....I promise not to spit into my neighbor's yard! ![]() |
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This could be another case of conflicting boating laws.
I looked up as many RSA's pertaining to mooring that I could find. If I read most of them correctly you CAN moor a "houseboat" in NH IF you own the property that you are moored in front of, have permission or are renting it. Here's what I was able to find! RSA 270-A:1 Quote:
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Last edited by Airwaves; 07-15-2008 at 09:35 PM. Reason: Adding Bold |
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#36 | |
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YUCK...... We have done a DNA test over here in the bay. What they've found is our feathered friends are better off in the oven. For completely green and environmental reasons, of course. ![]() Sometimes, people are just silly. |
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...last week I dropped a pair of sunglasses into the lake. Plastic sunglasses...
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This makes no sense, at least the way the MP states it, "any boat anchored with people sleeping is in violation". This is in direct conflict with the wording of the law, or why else would there be the need to amend the law to include the verbage of "all vessels"?
If I were to take my bowrider out and spend the night on it and was cited I would definitely fight it and seems like there is no way I could loose. I don't have a bathroom onboard and have no "sleeping facilities" other than the floor or a fold down back to back seat which the manufacturer labels as a "lounge" not a "bed". Far as I'm concerned the state really needs to clarify this. |
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Why all the angst? We know that the Marine Patrol turns off its phones at 2 am!
Just "Party-Hearty" until 2 am, then sleep it off until the lake wakes up the next morning. ![]() |
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I,ve read you can't sleep overnight at anchor or tie up to sleep at dock without landowner permission does anybody know of a marina that allows overnight
tie ups? |
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Pretty much all the large marinas will rent you a slip for the season and allow you to overnight in it.
But if you want to rent a slip for one or two nights, that will be more difficult. During busy years, there were very few empty slips. This year things are very slow and there are plenty of empty slip. Call around, you may get someone to rent you one. But be aware that some marinas have rules against short term rentals. Google West Alton Marina, Mountain View YC, Glendale YC, Gilford YC, Spinnaker Cove YC, Fay's Boat Yard, Meredith Marina, Irwin Marine, Quayside YC. On the ocean so called transient slips are more popular. Mainly because people travel from marina to marina and often anchor out overnight. While you're away, some marinas will rent your slip to transients. |
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#42 |
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And have not been approach by an MPO since I got permission in 2003. See prior post. I have a day cruiser that do not fit the definition of a houseboat. As for toilet facilities I use the rest rooms at the Glendale docks most of the time. It is clean, big and open 24 hours. So are the rest rooms across the street form Alton public docks. The rest rooms under the Weirs train station is a bit unsanitary but doable. I don't anchor in front of a property owner, and always anchor in a cove or bay.
You will always see me brushing my pearly whites at the public restrooms around the lake. ![]()
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#43 | |
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#44 |
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#45 | |
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I'm not convinced you are correct but I hope you continue to get away with it. Good luck! |
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#46 |
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All the NH laws about anchoring overnight came from personal opinions of legislators who lived on waterfront. They did not like seeing boaters off their frontage. Such selfish "law makers"!
One can observe such peaceful anchoring up and down the coast in coves and inlets! Frontage on tidal waters is to the mean high water mark. I just observed that along Rye NH coast at a friend's two week rental. Owners in area attempted to control where people placed their beach chairs! In NH, the State owns the Lake and body of water, not the land owner. |
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#47 |
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Several nights in the past heat wave. Funny, I haven't seen the MP last week. Did they gat laid off?
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