[From the U.S. Government Printing Office, www.gpo.gov]




                              Cochecho'River
                Harbor Management Plan

                                               June 1990


















                                                                 7:;:




                                                                A.)



                                              Prepared for.

                                     New Hampshire Port Authority
                                            555 Market Street
                                    Portsmouth, New Hampshire 03801



          TC                                  Prepared by:
          225        1 EP, Inc.                    and               Cambridge Systematics, Inc.
          -C63
          C63      9 Bow Street                                      American Twine Office Park
          1990     .0. Box 1136                                            222 Third Street
                    ew Hampshire 03802-1136                        Cambridge, Massachusetts 02142
                   603) 433-5800                                            (617) 354-0167
                                                                  k-q@ ftAn- .14 17









                                           Acknowledgements




            The New Hampshire Coastal Program provided a grant for the preparation of this
            management plan which was financed, in part, by the Coastal Zone Management
            Act of 1972, as amended, administered by the Office of Ocean and Coastal Resources
            Management,   National Oceanic and Atmospheric Admihistration.



            IEP, Inc. and Cambridge Systematics, Inc. appreciate the time, assistance, and
            cooperation provided by Dover residents as well as the City of Dover Planning
            Department, the New Hampshire Port Authority, and other state and local officials
            throughout the Cochecho River planning process.




                                      S - DEPARTMENT OF COMMERCE N0A,'
                                   COASTAL SEF@.,q--
                                                     CENTER
                                   2234 SOUTH @-""PSON AVENUE
                                   CHARLESTON
                                                    29405-24!3




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                                                                         CONTENTS'






             Section I         Introduction



             Section II        Issues/Goals Statement



             Section III       Harbor Management and Waterfront Plan


             Section IV        Maximizing Harbor Management Revenue Sources


             Section V         Situation Analysis


             Section VI        Uniform Aids to Navigation


             Section VII       Leasing of Submerged Tidal Lands



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                                                    Section I
                                                 Introduction



              Riverfronts have often been left to decline once they outlived their usefulness as
              transportation routes or sources of power for manufacturing industries. Recently,
              however, interest in riverfront redevelopment has been rekindled nation-wide.
              According to a recent Planning Advisory Service Memo,


                    Increased demand for downtown office space and central city housing,
                    especially near natural amenities like rivers and lakes, interest in
                    revitalizing and expanding downtown retailing, and increased demand
                    for recreation and recreation facilities have made urban riverfront
                    development more attractive economically. At the same time, efforts
                    to improve water quality and a decline in industrial activity have led to
                    cleaner rivers that are aesthetically attractive sites for downtown
                    expansion.


              The City of Dover has renewed its commitment to utilizing the full potential of its
              river resources. The City, an integral part of the southern New Hampshire seacoast,
              experienced rapid population growth during the 1980s. Boating traffic has increased
              in recent years as well. According to one report, boating traffic in Great Bay
              increased by approximately 35 percent in 1987, with similar growth anticipated for
              1988. This pattern of growth provides an opportunity to redevelop waterfront
              resources for residential, commercial, and water dependent uses and more fully
              utilize the Cochecho's recreational potential. However, this pattern of population
              growth and increased boating traffic will also place greater pressures on this
              resource, creating the potential for congestion and safety problems.


              In an effort to address these and other issues, the N. H. Port Authority and the N.H.
              Office of State Planning contracted with IEP, Inc. and Cambridge Systematics, Inc. to
              prepare a harbor management plan for the Cochecho River. The planning process
              began with a kickoff meeting and harbor/river tour with local officials and
              interested citizens. The Cochecho River Harbor Management Plan study area
              includes the tidal portion of the river, from the mouth of the Cochecho to the dam










              Section I                                                                      Introduction



              in downtown Dover, and the shoreland areas adjacent to the banks of the tidal
              Cochecho (see Map 1).


              The Cochecho River Harbor Management Plan is intended to address the rapidly
              expanding recreational use of the river and provide for the City's potential
              waterfront redevelopment while respecting the critical natural and marine
              environments. In addition, the plan is intended to address the need for a uniform
              navigational aid system, provide recommendations for maximizing and enhancing
              the N.H. Port Authority's present harbor management revenue sources, and assess
              submerged tidal lands leasing policies. Further, the objectives of the plan are to
              provide:


                         0  solutions that address the specific conditions, issues, and opportunities
                            inherent to the tidal Cochecho River; and


                         0  "model" recommendations for water use activities in other New
                            Hampshire coastal waters.


              Section 11 of the plan, Issues/ Goals Statement, discusses key issues raised during the
              planning process as well as goals and objectives developed to guide future activities
              along the tidal Cochecho. The Harbor Management and Waterfront Plan, which
              includes detailed recommendations and implementation strategies, is contained in
              Section 111. Strategies for maximizing revenue sources in order to implement
              harbor management recommendations, are detailed in Section IV. Section V,
              Situation Analysis, provides a detailed inventory and analysis of existing and future
              land and water uses and natural resources along the tidal Cochecho. In addition, it
              describes local growth and development trends and existing and potential public
              infrastructure. Section VI, Uniform Aids to Navigation, addresses the need for a
              uniform navigational aid system for New Hampshire's major tidal rivers. Finally,
              Section VII provides an overview of issues and implications regarding the leasing of
              submerged tidal lands.





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                                      Map     1
                                      Cochecho River                            Cochecho                               Cambridge Systematics, Inc.
                                      Study Area                                River Harbor                           222 Third Street
                                      Source:                                   Management                             Cambridge, Massachusetts        02142
                 Scale                U.S. Geological Survey                    Plan                                                          P.O. Box 1136
                                                                                                                                              39 Bow Street
                                      topographic map, Dover East,
              I" = 2,000'                                                                                              lcpinc                 Portsmouth, NH
                                      NH Quadrangle.                                                                                          03802-1136



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                                                 Section H
                                         issues/Goals Statement




                                             Table of Contents




             Water Use
                   Key Issues
                   Goals and Objectives


             Resource Protection
                   Key Issues
                   Goals and Objectives


             Water Quality
                   Key Issues
                   Goals and Objectives


             Waterfront Redevelopment
                   Key Issues
                   Goals and Objectives


             Open Space, Public Access, and Recreation
                   Key Issues
                   Goals and Objectives













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                                                  Section II
                                          issues/Goals Statement




              Water Use


              Key Issues


                 * The majority of existing recreational boating traffic on the tidal Cochecho
                    River originates from George's Marina near downtown Dover.


                 e  The Cochecho River is currently underutil.ized and, with dredging, could
                    accommodate additional boat slips and moorings.


                 0  There is an opportunity for dock and pier development at the lower end of
                    the Cochecho near its confluence with the Salmon Falls River.


                 0  Population growth, increased public access, improved water quality, and
                    expanded marina and other recreational facilities, are likely to increase
                    recreational boating traffic on the tidal Cochecho River in the years ahead.


                 0  Concern exists regarding hazards to navigation such as a number of PSNH
                    overhead power cables that cross the C.ochecho River.


                 0  Erosion of the banks of the Cochecho caused by boat wakes and speed is of
                    concern, particularly in the area north of the Cochecho Country Club.


                 9  The need exists for a uniform navigational aid system on the tidal Cochecho
                    River.


              Goals and Objectives


              Goal:       improve navigation on the tidal Cochecho while maintaining or
                          improving environmental quality.



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             Section II                                                        lssueslGoals Statement



             Objective:    Remove hazards to navigation.


             Objective:    Provide adequate maintenance and management services to support
                           increased recreational use of the tidal Cochecho River.


             Objective:    Develop funding sources in order to adequately support future harbor
                           maintenance and management services.


             Objective:    Develop regulatory and non-regulatory strategies to minimize
                           environmental damage and manage water use on.the tidal Cochecho
                           River.










































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              Section 11                                                         lssueslGoals Statement



              Resource Protection


              Key Issues


                 0 An abundance of natural and scenic resources are located along the tidal
                     Cochecho.


                 9   Protection of critical resources is a priority, especially tidal wetlands, steep
                     slopes, and the areas adjacent to Fresh Creek (see maps 5, 6, and 7).


              Goals and Objectives


              Coal:         Conserve and protect the natural resources of the Cochecho River;
                            maintain the scenic beauty and character of the tidal Cochecho River
                            and harbor even in areas where development occurs.


              Objective:    Protect and enhance critical resources, including:


                                      significant fish, shellfish, and wildlife habitat areas;
                                      areas containing rare and endangered species;
                                      tidal wetlands; and
                                      steep slopes.


              Objective:    Encourage only those uses of envi  ronmentally sensitive areas that can
                            be accommodated without negatively impacting the Cochecho River.













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              Section 11                                                       IssueslGoals Statement



              Water Quality


              Key Issues


                 * A number of pollutant sources impact the water quality of the Cochecho,
                    River including a variety of non-point pollutant sources such as stormwater
                    runoff and overboard discharges from pleasure boats and a number of point
                    sources such as the Sewage Treatment Plant.


                 *  The Cochecho River is rated a Class B waterway according to state regulations.


                 0  Shellfish beds within the tidal Cochecho River are officially closed by the
                    State to shellfishing because the river does not meet state water quality
                    standards.


              Goals and ObJectives


              Goal:        Protect and enhance the water quality of the Cochecho River in order
                           to meet, or where appropriate exceed, state water quality standards.


              Objective:   Restore and maintain the quality of the Cochecho River to allow for a
                           diversity of public and private uses.


              Objective:   Protect and enhance water quality through sound land use practices
                           and infrastructure improvements.


              Objective:   Require construction practices which minimize runoff, soil erosion,
                           and sedimentation.


              Objective:   Minimize overboard discharges from pleasure boats.







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              Section 11                                                       lssueslGoals Statement



              Waterfront Redevelopment


              Key Issues


                 * Over the past two decades, Dover has pursued a coordinated long-term effort
                    to redevelop and revitalize its Central Business District.


                 0  Currently, Dover is interested in redeveloping and revitalizing the Cochecho
                    River waterfront adjacent to the Pacific Mills in the City's downtown area.


                 0  The 1984 Pacific Mills Master Plan recommends implementation strategies for
                    the redevelopment of the Cochecho River waterfront as well as the re-use of
                    the City-owned land currently occupied by the Sewage Treatment Plant,
                    including:


                           o  marina/ commercial development
                           0  riverfront park
                           -  residential and mixed use development
                           o  parking improvements
                           *  street reconstruction


                    Infrastructure improvements, such as the widening of Cochecho Street, will
                    attract more use of the River.


              Goals and Objectives


              Goal:        Build on and maintain an awareness of Dover's historic role as a port
                           town and enable the development of its most underutilized asset -- the
                           Cochecho River and its ocean access.


              Objective:   Promote the maintenance, development, and revitalization of the
                           Cochecho River waterfront for passive recreation and mixed uses.




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            Section II                                                IssueslGoals Statement



            Objective: More fully utilize the Cochecho River's significant waterfront
                       development potential, recreational opportunities, and historic
                       features.


            Objective: Utilize key parcels of City-owned land to optimize open space,
                       recreation, and water access with a private development scheme.




































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              Section 11                                                           rssueslGoals Statement



              Open Space, Public Access, and Recreation


              Key Issues


                  *  City-wide, Dover is projected to experience continued population and
                     housing growth.


                  *  As the City's population grows, the need for additional open space, passive
                     recreation, and public access (for example, hiking trails and boat accesses), will
                     increase.


                     As more accessible areas are developed, pressure to develop land along the
                     scenic Cochecho will increase.


                     Future residential development along the undeveloped banks of the tidal
                     Cochecho will impact water-based and land-based. activities:


                            0  acquisition of land or easements will become more expensive and
                               difficult
                            9  wildlife habitat may be lost
                            0  scenic views may be negatively impacted
                            0  new construction may increase erosion and sedimentation


                     Most of  the properties along the undeveloped portions of the Cochecho are
                     privately owned and of large acreage and frontage, creating an excellent
                     opportunity for the implementation of an easement program.


              Goals and Objectives


              Goal:         Actively promote public access to the tidal Cochecho River while
                            protecting the quality of the natural resources and the rights of private
                            property owners.





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              Section 11                                                        IssueslGoals Statement



              Objective:   Expand the opportunities for passive recreation along the tidal
                           Cochecho River.


              Objective:   Provide appropriate public access to the Cochecho River based upon
                           the type of use the particular area can support.


              Objective:   Protect and enhance selected open space and scenic areas through
                           regulatory and non-regulatory mechanisms.


              Objective:   Integrate the Cochecho River's historic features with future
                           redevelopment strategies.



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                                                   Section III
                                Harbor Management and Waterfront Plan



                                                Table of Contents




                                                                                          Ene
             Introduction                                                                   14


             Navigation and Water Use                                                       16
                    Introduction                                                            16
                    Recommendations                                                         17
                           Channel                                                          17
                           Turning Basin                                                    17
                           Dredging                                                         18
                           Dockage                                                          19
                           Mooring Areas                                                    20
                           Type of Moorings                                                 21
                           Dry Moorings                                                     21
                           Marine Safety - Powerlines                                       22
             Harbor Administration                                                          23
                           Local Rules and Regulations                                      23
                           State Rules and Regulations                                      24


             City-Owned Land                                                                25
                    Introduction                                                            25
                    Recommendations                                                         26
                           Master/Site Plan. Kit for the City-Owned Land                    27
                           Mixed Use Development                                            28
                           Inner Harbor and Marina Facility                                 28
                           Rezoning of City-Owned Land                                      29
                           Riverfront Park                                                  29
                           Boat Launch Facilities                                           30
                           Transient Boater Facilities                                      30



                                                        12









              Public Access/Cochecho River - Downtown Dover Linkage                         31
                           Washington Street Bridge                                         32
                           Ownership                                                        33
                           Hand-Powered Craft Launch                                        33
                           Transient Boaters                                                34
                           Downtown Waterfront Greenbelt                                    34
                           Historic Walking Trail                                           35
                           Public Awareness                                                 35
                           Waterfront Greenbelt/ Easement Program                           36
                           New Developments and Conservation Easements                      36
                           River Corridor Overlay Zoning                                    38
                           Cochecho Waterfront District - Public Access                     38


              Resource Protection                                                           39
                    Introduction                                                            39
                    Recommendations                                                         40
                           Water Quality - Outfalls and Stormwater Runoff                   41
                           Water Quality - Overboard Discharges                             41
                           Local Natural Resource Protection Regulations                    42


              Waterfront  Redevelopment                                                     43
                    Introduction                                                            43
                    Recommendations                                                         44
                           Mixed Use and Water Dependent Development                        44
                           Mixed Use Redevelopment - Clarostat Building                     45
                           Infrastructure Improvements                                      46
                           Parking Ratios                                                   46
                           Satellite Parking Lot                                            47
                           Zoning/Consistency                                               47



                                                      Maps
                                                                                      Follows Page
              Map 2        Harbor Management and Waterfront Plan                            15



                                                        13










                                                  Section III
                                Harbor Management and Waterfront Plan



              Introduction


              Section III, the Harbor Management and Waterfront Plan, provides specific
              recommendations designed to implement the goals and objectives presented in
              Section 11, the Issues/Goals Statement. The recommendations presented below,
              many of which are depicted on Map 2, build upon the issues raised during the
              Cochecho River planning process and the information contained in Section V, the
              Situation Analysis. Further, this section incorporates some recommendations
              developed as part of the City's 1988 Master Plan, 1989 Land Acquisition and
              Protection Study, and 1984 Pacific Mills Master Plan. Past recommendations and
              new recommendations are assimilated here to ensure an integrated approach to
              waterfront redevelopment and harbor management.


              Plan implementation will involve a mix of public sector and private sector
              initiatives, many of which will build upon other redevelopment and public access
              efforts. Implementation efforts should. focus on using public dollars as well as
              regulatory and non-regulatory strategies to leverage private investment in the
              Cochecho River waterfront. The Cochecho Waterfront Task Force, recently created
              by the City, has the opportunity to play an important role in this process. Further,
              the implementation of certain key recommendations should catalyze both public
              and private sector initiatives. For example, well designed public amenities along a
              waterfront such as walkways, boat ramps, and parks not only provide a recreational
              and open space resource, but contribute to the marketability of commercial and
              residential property.










                                                       14









            Section HI                                     Harbor Manggement and Waterfront Plan


            Recommendations are presented for the following areas:


                        Navigation and Water Use
                        Harbor Administration
                        Resource Protection
                        City-Owned Land
                        Public Access/Cochecho River - Downtown Dover Linkage
                        Waterfront Redevelopment


            While the recommendations are presented in this format for purposes'of clarity, the
            implementation of many recommendations is closely related.





























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                                                                                    SCALE IN FEET
                                                                               Cambiridge Systematics, Inc.    &     M2                                                                                      0
                                                                   COCHECHO RIVER
                                                                   HARBOR MANAGEMENT
                                                                   WAT          ERFRONT PLAN

                                                                                                                                                                                            MOTS: INFORMATION FOR THIS MAP COMPILED FROM DOVIA TAX M
                                                                                                                                                                                                 106? UABAN TOPOO*APIRC MAPS BY JAMIS W. SEWALL CO
                                                                                                                                                                                                 AND MIST-FROST ASSOCIAMS









            Section HI                                        Harbor Management and WaLerAont Plan


            Navigation and Water Use


            Introduction


            There is no official plan for the waters of the Cochecho River which allocates areas
            for different water uses such as: navigational channels; mooring areas; anchorage
            areas; swimming areas; or special use areas. While the placement of waterfront
            structures and moorings is not currently a problem, failure to plan for these
            activities could result in inappropriate and haphazard development along the
            riverfront. This could lead to unsafe conditions for anchorage, mooring, and
            general vessel movement on the river. Furthermore, increased public access and
            improved water quality as well as the expansion of marina and other recreational
            facilities related to waterfront redevelopment, are likely to increase recreational use
            and boati ng traffic on the tidal Cochecho in the years ahead.



                                                  Figure 1

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                                                     16









              Section HI                                         Harbor Manggement and Waterfront Plan


              Thus, there is a need to provide clear guidelines for present and future
              development and uses of the river. The recommendations described below, and
              depicted on Map 2, provide a framework for safe and efficient future water use on
              the tidal Cochecho.




              Recommendations


                    Recommendation #1: Channel


                    The City of Dover should maintain, to a depth of 6 feet Mean Low Water
                    (MLW), the 60 foot wide navigation channel through the upper portions of
                    the Cochecho River as shown on Map 2.


                    Recommendation #2: Turning Basin


                    The City of Dover should maintain a turning basin, to the depth of 6 feet
                    Mean Low Water (MLW), to be located in the upper portion of the Cochecho
                    River as shown on Map 2.


              Issue: Dredging


              Through a general permit from the Army Corps of Engineers (in effect through
              January 1, 1993) the City has the authority to conduct maintenance dredging of the
              Cochecho River. During 1984/1985 the City of Dover carried out such a dredging
              project in the vicinity of the sewer treatment plant outfall and the adjacent silted-in
              channel. in the future, new dredging of the upper Cochecho would be required in
              order to accommodate some of the recommendations made in the Cochecho River
              Harbor Management Plan. A description of these new dredge need areas are noted
              below.









                                                        17








              Section III                                          Harbor Mannement and Waterfront Plan

                     i
                     Recommendation #3: Dredging


                     In order to carry out several of the recommendations it would be necessary to
                     provide new dredging of the following portions of the Cochecho River:


                            In order to improve water access to the upper reaches of the tidal
                            Cochecho, dredge those portions of the channel of the Cochecho River
                            which run adjacent to the existing Department of Public Works facility
                            from the existing sewer outfall to a point above the existing limit to
                            navigation approximate with Young Street.


                            Dredge either the eastern or western reaches (not both) of the upper
                            Cochecho to accommodate new dockage in order to provide a control
                            depth of 6 feet at Mean Low Water (MLW) (see Potential Dockage areas
                            shown on Map 2).


                            Excavate and dredge upland areas adjacent to -the south -side of the river
                            (at the site of the existing sewerage treatment plant) in order to create a
                            new mooring/marina basin on the City-owned lands (See Potential
                            Marina Location shown on Map 2).


                            Conduct periodic maintenance dredging of the upper Cochecho, as
                            required to maintain a six foot control depth at mean low water
                            (MLW).

















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              Section III                                        Harbor Manqgement and WaLe&ont Plan


              Issue: Dockage


              The only boat tie-ups available on the tidal Cochecho River are found at three small
              private docks, and at George's Marina, the river's only commercial marina facility
              (located on the north bank of the upper Cochecho near downtown). George's
              Marina maintains approximately sixty slip spaces, most of which are used by small
              (<25') shallow draft power vessels.


              Relatively few vessels are berthed on the River. This is due, in part, to land
              ownership patterns and historically low levels of recreational boating use on the
              River. Perhaps more importantly, most of the land adjacent to the river has
              physiographic conditions (steep slopes, wetlands, and/or rocky shores) which
              severely.limit access between the water and the shoreline to support boat slips and
              necessary upland facilities. However, in the upper reaches of the tidal Cochecho
              near downtown, conditions are favorable for additional boat slips.


                     Recommendation #4: Dockage


                     The City of Dover should establish two locations along the upper tidal
                     Cochecho where additional vessel slips could be accommodated (see Potential
                     Dockage areas depicted on Map 2). While it is physically possible to develop
                     slips on both sides of the River, such development would strain both the
                     natural resources in the area, as well as the limits of safe navigation.
                     Therefore, while both areas should be considered potential slip locations, only
                     one of these areas should be developed.



              Issue: Mooring Areas


              While there are currently only five privately maintained moorings within the
              limits of the tidal Cochecho (there are no public moorings), there are water areas
              with high potential for accommodating moorings.




                                                        19









              Section III                                            Harbor Mannetnent and WaLe&ont Plan


                      Recommendation #5: Mooring Areas '


                      The City o  f Dover should consider applying to the New Hampshire Port
                      Authority for permission to create a public mooring area in the upper portion
                      of the Cochecho River opposite George's Marina (see Fore/Aft Mooring Zone
                      area on Map 2). This potential mooring area could accommodate between six
                      and fifteen vessels, depending on size and mooring arrangement. The City in
                      turn could lease moorings for seasonal use, and have a location for transient
                      boaters to tie up.


                      The New Hampshire Port Authority should maintain control and authority
                      over the placement of all moorings within the designated mooring areas
                      through permits issued by the Authority.



              Issue:  Type of Moorings


              While   several alternative mooring configurations are possible, the type used is
              dependent upon a variety of factors. In most cases, the decisive factors are cost and
              efficient use of water surface. There is an inverse relationship between cost and
              efficiency - the least expensive mooring type (single swing moorings) provides the
              least efficient use of water surface, while more expensive types of multiple mooring
              systems provide for a more efficient use of space.


              Fore and aft moorings have individually anchored floats arranged in a linear
              manner. Boats are strung out along these lines with their bows and sterns tied up to
              floats. This method allows greater efficiency by not allowing the boats to swing,
              therefore less water surface is required. The major drawback to fore and aft
              moorings is the load placed on the mooring with strong beam wind or wave action.
              Under these conditions, it is possible for the boats to "drag" their moorings. This
              type of mooring works best in a protected harbor (such as behind a breakwater) or in
              a riverine situation as found on the Cochecho. Fore and aft moorings typically work
              best with smaller, shallow draft vessels.



                                                           20









              Section III                                         Harbor Manggement and WaLerAont Plan


                    Recommendation. #6: Type of Moorings

                    The New Hampshire Port Authority should give careful consideration when
                    determining the appropriate type of mooring configuration to be used, as this
                    will affect the number of boats that will fit into the mooring area. The
                    limited amount of water surface is a significant factor on the Cochecho,
                    therefore, the most efficient mooring type possible should be used. While
                    single swing moorings are the most traditional type of mooring used, fore
                    and aft moorings would be the most suitable for this area.                  Some
                    maintenance dredging will be required to maintain these moorings.



              Issue: Dry Moorings


              In addition to "wet" moorings, additional future vessel capacity can be
              accommodated through "dry" moorings. Dry moorings, or "dry stack storage"
              requires the removal of boats from the water with a mechanical lift and storage on
              land, usually in a covered warehouse-type building. The practice is different from
              Irwinter" storage (where boats are simply stored during the winter or for long
              periods of non-use) in that the boats are placed in the water "on demand" by the
              boat owner and are retrieved for storage at the end of the use period. This practice is
              becoming increasingly popular in communities that have limited water surface
              available for wet slips/moorings.


                    Recommendation #7: Dry Moorings


                    The City of Dover should consider the option of utilizing a dry mooring
                    facility on the City-owned lands adjacent to the river. Such a facility could be
                    developed through new construction or rehabilitation of the existing
                    Department of Public Works facility. However, engineering studies should be
                    undertaken regarding the specific suitability of these structures to support the
                    uses described.






                                                        21








             Section III                                        Harbor Manggemeitt and Waterfront Plan




             Issue: Marine Safety - Powerlines


             Six overhead power cables, with a minimum clearance of 34 feet, cross the Cochecho
             River near downtown Dover - one near the Department of Public Works facility (34
             feet), one near George's Marina (35 feet) (note, this line was recently raised to a
             reported 50 feet), t*o at the Upper Narrows (34 foot and 47 foot clearance), and two
             just east of Upper Narrows (34 foot and 65 foot clearance) (see Power Line Crossings
             on Map 2).


             Some of these crossings pose a potentially serious risk to marine navigation,
             particularly with high-masted sailing vessels. A recent accident with one of the
             powerlines caused serious harm to a vessel and its passengers.


                    Recommendation #8: Marine Safety - Powerlines


                    The City of Dover should work with Public Service of New Hampshire to
                    reduce navigation dangers posed by powerline crossings. This may involve a
                    combination of approaches including:


                           * the consolidation of multiple low elevation powerlines at a single
                              crossing such as the Washington Street pipebridge; and


                           * elevation of powerlines to a minimum of 40 feet (actual vertical
                              clearance) and the addition of fluorescent markings to make them
                              more visible to boaters.















                                                       22









             Section HI                                        Harbor Manygement and Waterfront Plan



             Harbor Administration



             Recommendations


             Issue: Local Rules and Regulations


             There are no local rules or regulations governing the use of Dover's waters. Issues
             including boating safety, the implementation of the Cochecho River Harbor
             Management Plan, proposed new docks and mooring areas and other issues may
             create a need for a comprehensive set of regulations for the safe, orderly, and
             efficient use of Dover's waters.


                    Recommendation #9: Local Rules and Regulations


                    The City of Dover and the New Hampshire Port Authority should continue
                    to work cooperatively to address harbor management issues. These efforts
                    should include the adoption and enforcement of a comprehensive set of
                    land-side and water-side rules and regulations to govern the use and
                    enjoyment of Dover's tidal waters.



             Issue: State Rules and Regulations


             New Hampshire's harbors and tidal waters are subject to the recently amended
             Rules and Regulations Pertaining to Harbors and Tidal Waters of the State of New
             Hampshire (NH RSA 271-A), published by the New Hampshire Port Authority.











                                                      23








              Section III                                        Harbor Manggement and WaLerib!qnt Plan


                    Recommendation #10: State Rules and Regulations


                    Review of the recently amended Rules and Regulations Pertaining to Harbors
                    and Tidal Waters of the State of New Hampshire (NH RSA 271-A) indicates
                    that the following additional revisions may be warranted:


                        * Review the mooring specifications, particularly the mooring block
                           weights.


                        e  Include a section on Alternative Mooring Configurations, which
                           would allow the Harbormaster to permit alternative mooring
                           configurations in addition to "single-swing" moorings. This section
                           should also reference standards for "fore & aft" moorings, "gang"
                           moorings and "star-dock" type moorings.


                        9  Amend NH RSA 271-A:8 to allow Harbormasters to act as agents of the
                           N.H. Port Authority in order to collect mooring fees and other types of
                           fees.


                        *  Include a provision which makes operators of vessels clearly
                           responsible not only for-their vessel speed but for their wakes, as wakes
                           often cause greater harm than vessel speed.


                        o  Regulate Hover Craft, particularly in or near wetlands and other
                           environmentally sensitive areas.


                        *  Regulate Jet Skis in designated, environmentally sensitive areas.










                                                        24









            Section HI                                        Harbor Manggement and Waterfront Plan


            City-Owned Land


            Introduction


            The Sewage Treatment Plant and the Department of Public Works facility, which
            currently occupy the City-owned land on the Cochecho's south bank near
            downtown, will be relocated by 1992. This creates prospects for alternative future
            land uses of this key waterfront parcel and an opportunity to more fully utilize the
            Cochecho River resource by increasing public access.





                                                  Figure 2








                                                        sell



                                            '. _Mir






                                                              T @'_






                      The Sewage Treatment Plant      and  the. Department   of Public
                      Works Facility, located on the Cochecho's south bank, will soon
                      be relocated.







                                                     25









              Section III                                         Harbor Manygement and WaLerfront Plan


              This parcel's proximity to downtown Dover enables the creation of public access
              opportunities and facilities to be combined with a mixed use waterfront
              development strategy. Dover's 19,88 Master Plan indicates that the future use of
              large parcels of City-owned land along the Cochecho are "... an ideal location to
              optimize open space, recreation, and water access, with a private development
              scheme." According to the Master Plan,

                     "Dover has a strong opportunity to attract an appealing mix of shops,
                     offices, and residential units along its downtown Cochecho waterfront.
                     The land currently occupied by its public works garage and by the soon
                     to be abandoned sewerage treatment plant affords a unique opportunity
                     to craft an inviting mix of marina, retail, office, and residential space."


              Many of the recommendations presented below were made previously in the 1984
              Pacific Mills Master Plan. They are incorporated here as they support and enhance
              the overall Cochecho River Harbor Management Plan.



              Recommendations


              Issue: Master/Site Plan for City-Owned Land


              There is no Master/Site Plan for the key waterfront City-owned property occupied by
              the Sewerage Treatment Plant and the Department of Public Works facility. An
              important objective of the master/site planning process should be to create       visual
              and physical access to the river.


              This objective could be achieved through development of:


                        9 a Riverfront Park; and
                        e a Boat Launch Facility







                                                        26









             Section III                                       --Harbor Manggement and WaLe!ftont Plan


             Private sector involvement would support development of the following uses:


                           Transient Dockage (for both small craft and large vessels such as cruise
                           boats),"
                           an Inner Harbor and Marina Facility; and
                           Mixed Use Development.


                    Recommendation #11: Master/Site Plan Kit for the City-Owned Land


                    The City of Dover should develop a Master/Site Plan for the City-owned
                    property currently occupied by the Sewerage Treatment Plant and the
                    Department of Public Works facility. Use the Master/Site Plan to prepare a
                    developer's kit and solicit proposals for development of the property.
                    Through the use of a Request for Proposal (RFP) in the competitive bidding
                    process, the City can set requirements for access and encourage a wide range of
                    quality design projects from prospective developers. New York City's
                    Department of Ports and Terminals, for example, has used the RFP process
                    very effectively by requiring that development proposals for publicly owned
                    waterfront lands include provisions for public access to the waterfront.


                    Implementation of the Master/Site Plan should be a public-private
                    partnership. While the City should consider selling or leasing a portion of
                    the property for private development, the land's full value and potential for
                    providing public access should be of the highest priority. For example,
                    regardless of private sector site development initiatives, the City should
                    ensure that a greenbelt is maintained along the river. Thus, the City should
                    include stipulations, as part of the land exchange, as to the amount and
                    nature of public amenities to be provided along the waterfront and design
                    criteria to guide the project.








                                                       27









               Section III                                        Harbor Manggement and WaLerAont Plan


               Issue: Mixed Use Development/Inner Harbor and Marina Facility


               Interest in redeveloping riverfronts for commercial and residential uses has been
               rekindled nation-wide. Improved water quality, the demand for housing as well as
               office and retail space located near downtown centers, and the desire to locate near
               waterfronts, has dramatically increased the viability of downtown riverfront
               development.


               Like many communities throughout the country, the City of Dover has renewed its
               commitment to utilizing the full potential of its river resources. Further, the City's
               pattern of rapid population growth provides an opportunity to redevelop waterfront
               resources for residential, commercial, and water dependent uses.


                     Recommendation #12: Mixed Use Development


                     The City of Dover should encourage the private development of a mix of
                     office, retail, and residential uses on the City-owned land currently occupied
                     by the Sewerage Treatment Plant and Department of Public Works facility (see
                     Area C on Map 2).


                     Recommendation #13: Inner Harbor and Marina Facility


                     The City of Dover should consider the potential for the private development
                     of a portion of the City-owned lands as an inner harbor and marina facility
                     (after careful consideration of opportunities for providing public access). This
                     facility could be located on the site of the existing sewage treatment plant
                     which will be excavated as part of the closure and removal process (See
                     Potential Marina Location on Map 2).









                                                         28









              Section III                                       Harbor Manaement and Waterfront Plan


              Issue: Rezoning of City-Owned Land


              The area currently occupied by the Department of Public Works facility and the
              Sewage Treatment Facility is zoned Industrial (1-2). Industrial uses as well as a
              number of commercial and community /public uses are allowed in this district by
              right. Marinas and new residential uses are not currently allowed in this district.


                    Recommendation #14: Rezoning of City-Owned Land


                    The City of Dover should re-zone City-owned land from Industrial (1-2) to
                    Cochecho Waterfront District to allow for marina and mixed use (residential
                    and commercial) development.



              Issue: Riverfront Park


              Dover's population grew 16.6 percent between 1980 and 1988. The City's population
              is projected to increase 21.6 percent, to 31,718 people by 1995. Additional parks and
              recreational facilities will be required to keep pace with this growth.


              The City-owned land on the banks of the Cochecho, located in close proximity to
              Dover's population center, is an ideal location for the development of a riverfront
              park. Because of the property's location, it links Dover's urban core and Henry Law
              Park, with Maglaras Park and the scenic, undeveloped banks of the Cochecho to the
              east.



                    Recommendation #15: Riverfront Park


                    The City of Dover should develop a riverfront park on the City-owned
                    property currently 'occupied by the Sewerage Treatment Plant and the
                    Department of Public Works facility (see Area C on Map 2).






                                                       29









              Section III                                        Harbor Manneinent and Waterfront Plan



              Issue: Boat Launch Facilities


              There are no municipal boating facilities on the tidal Cochecho. In fact, George's
              Marina, located on Cochecho Street on the north bank of the river, provides the
              only direct boating access to the tidal Cochecho (see Potential Boat Launch on
              Map 2).


              The closest public boat access, to be completed in Spring 1990, is located on the
              Salmon Falls River at Eliot Bridge in South Berwick, Maine. This ramp will
              provide small motor boats and hand powered craft with access to the Salmon Falls
              River, north of the river's confluence with the Cochecho.


                     Recommendation #16: Boat Launch Facilities


                     The City of Dover should construct a municipal boat launch on the City-
                     owned land currently supporting the Dover Sewerage Treatment Plant and
                     Department of Public Works facilities.



              Issue: Transient Boater Facilities


              Currently, the only opportunity for transient boaters to access the City of Dover from
              the Cochecho is via George's Marina. The City does not maintain any public launch
              or boat tie-up facility.


                     Recommendation #17: Tra     nsient Boater Facilities


                     The City of Dover should provide facilities for transient boaters through the
                     private redevelopment of the City-owned lands by requiring developers to
                     allocate a specified number of slips or moorings for transient use (see
                     Recommendation #21).







                                                        30









            Section HI                                        Harbor Manggement and WaLer ront Plan
                                                                                        f



            Public Access/Cochecho River - Downtown Dover Linkage


            Introduction


            Most of Dover's waterfront along the Cochecho is held in private ownership by
            owners who do not allow public access to their land. Additionally, none of the large
            tracts of public open space lands, such as Maglaras Park, Henry Law Park, the
            Department of Public Works facility, or the Sewage Treatment Plant provide any
            direct access (other than limited visual access) to the, river. Henry Law Park
            provides visual rather than physical access, and although Maglaras Park has river
            frontage, formal direct access to the river is not currently possible.



                                                  Figure 3



















                     Looking west    along the scenic, undeveloped      banks of the
                     Cochecho Rive  r towards the City of Dover.





                                                     31









              Section III                                        Harbor Manggement and Waterfront Plan


              Therefore, the City of Dover should seek, through public action and support of
              private measures, to increase the amount and types of public access to the river for
              recreational purposes. In addition to benefiting recreational and public access
              objectives, developing linkages between downtown Dover and the Cochecho will
              draw waterfront recreational users to downtown's commercial opportunities. The
              recommendations described below provide the concrete steps to achieve these goals.



              Recommendations


              Issue: Washington Street Bridge


              A "pipebridge" crosses over the Cochecho River between the City-owned land and
              the end of Washington Street. This bridge represents a potential pedestrian access
              between  downtown and the City-owned land. Since the pipebridge may have been
              engineered to support only the weight of the pipe itself, the City engineers will need
              to reassess whether this is feasible. Alternatively, the City could completely
              reconstruct the bridge in order to provide both pedestrian and vehicular access to
              the City-owned land.


                    Recommendation #18: Washington Street Bridge


                    The City of Dover should construct a new Washington Street Bridge over the
                    Cochecho River in the vicinity of the current pipebridge in order to provide
                    direct linkage between the southern side of the river and downtown for
                    pedestrians and vehicular traffic. Pedestrian access could be provided in an
                    early phase, followed later by construction of a vehicular access bridge. The
                    bridge could be constructed in a manner to allow fishing access to the river at
                    this point.








                                                        32









             Section HI                                         Harbor Mannement and Waterfront Plan


                    Recommendation #19: Ownership


                    The City of Dover should maintain ownership of public street ends which
                    extend to the river such as Washington Street and Young Street. Ownership
                    should not be relinquished without first assessing the lands full value and
                    potential for providing public access opportunities (see Public Access on Map
                    2).




             Issue: Hand-Powered Craft Launch


             In addition to the small and large power boats and sailcraft found on the River,
             many small hand-powered craft such as canoes, kayaks, and rowing boats use both
             the upstream and tidal portions of the Cochecho.


                    Recommendation #20: Hand-Powered Craft Launch


                    The City of Dover should establish a hand-powered craft put-in/take-out
                    located at the head of the tidal portion of the Cochecho. Because of the
                    waterfalls over the dams in the downtown mills, the most practical location
                    for such a facility would be at the City-owned Henry La 1w Park (see Potential
                    Boat Launch on Map 2). This facility should include a small float and signage
                    noting where to access the upper reaches of the Cochecho.


                    Such a facility would not only provide direct access to the tidal Cochecho for
                    small hand-powered craft, but would act as a portage location establishing a
                    connection between the tidal and upstream waters of the river. The upstream
                    linkage could be provided via a parcel owned by the City on the south side of
                    the river adjacent to the Central Avenue Bridge (see Potential Boat Launch
                    on Map 2).







                                                       33









              Section III                                         Harbor Manggement and WaLe&ont Plan



              Issue: Transient Boaters


              Currently, transient boaters (including tour boats from Portsmouth) entering the
              City of Dover from the water side, are provided little or no information about the
              many amenities and activities to be found in the City. Generally speaking, these
              visitors do not frequent the Dover commercial area and are unaware of the
              amenities Dover offers.



                     Recommendation #21:      Transient Boaters


                     Develop an informational handout which would link Dover's existing and
                     proposed marinas with the City's downtown area by assisting boaters and
                     visitors in.discovering the many opportunities available in the City. This
                     effort could be undertaken by the Chamber of Commerce (see
                     Recommendation #17) or through future New Hampshire Port Authority
                     publications.



              Issue: Downtown Waterfront Greenbelt


              Pedestrian links between downtown Dover and Henry Law Park, and the City-
              owned land and Maglaras Park, do not exist. Action is needed to link these and
              other existing and potential recreational opportunities along the Cochecho River.


                     Recommendation #22: Downtown Waterfront Greenbelt


                     The City of Dover should establish a waterfront greenbelt to connect
                     downtown's population center with riverfront recreational opportunities and
                     facilities such as Henry Law and Maglaras Parks as well as the riverfront park
                     proposed for the City-owned land (see Waterfront Greenbelt on Map 2).







                                                         34









               Section HI                                            Harbor Manggement and Wa Ler ront Plan
                                                                                                 f


                      Recommendation #23: Historic Walking Trail


                      The City of Dover should establish an historic walking trail around
                      downtown and the waterfront areas, building on past efforts such as the
                      Dover Heritage Walks. The walk could include major historical features as
                      well as significant local historical events. The format for the historic walking
                      trail could consist of a written guide and map directing interested persons
                      along the tour and/or a series of permanent signs and historic plaques at key
                      locations.


                      Recommendation #24: Public Awareness


                      Sponsor an event such as a "Canoe the Cochecho/Hike the Cochecho Day" in
                      order to increase public awareness of the Cochecho's recreational
                      opportunities and facilities. This effort could be undertaken by the Strafford
                      River's Conservancy.



               Issue: Waterfront Greenbelt/ Easement Program


               Most of the Cochecho River to the east of downtown Dover is rural, scenic, and
               relatively undeveloped. The majority of properties within this area are               large,
               privately owned tracts, creating an excellent opportunity for the implementation of
               an easement program. Through its 1989 Open Space and Acquisition Plan, the City
               of Dover identified parcels in this area by tax map/lot number and ownership for
               protection under an easement program. In total, the parcels identified represent 6.4
               miles of river frontage. The plan proposed a 200 foot set-back depth for the
               easement program (see Section V, Situation Analysis, for a list of these properties).


               The waterfront greenbelt would connect downtown Dover's population center and
               existing and proposed recreational facilities, with the scenic, undeveloped portion of
               the Cochecho. This would enable the City to more fully utilize the Cochecho's
               recreational potential.



                                                           35









             Section III                                       Harbor Manygement and WaLerfront Plan




                   Recommendation     #25: Waterfront Greenbelt/ Easement Program


                       ï¿½ Acquire 200 foot easements, through purchase and donation, along
                          Emerson Brook and both banks of the Cochecho River located east of
                          downtown Dover (see Section V, Situation Analysis, for a list of
                          properties).


                       ï¿½  Establish a Greenbelt/ Hiking Trail on the south side of the Cochecho
                          River from downtown Dover to the Cochecho's confluence with the
                          Salmon Falls River.


                       ï¿½  Establish a Greenbelt/ Hiking Trail on the north side of the Cochecho
                          River from Fresh Creek to the Cochecho's confluence with.the Salmon
                          Falls River.


                       e  Establish a Greenbelt/ Hiking Trail on the east and west sides of Fresh
                          Creek from the City line south to the Cochecho River.



             Issue: New Developments and Conservation Easements


             The City obtained a 250 foot conservation easement along the Cochecho as part of a
             recently approved 146-lot subdivision within the rural portion of the Cochecho
             River study area west of McKone Lane. However, the City was unsuccessful in
             obtaining an easement on a recently approved 9-lot subdivision located directly
             across the river.


                   Recommendation #26: New Developments and Conservation Easements


                   The City, of Dover should make every effort to obtain conserva  tion easements
                   as part of the development approval process for waterfront lots on the
                   Cochecho River.




                                                      36









              Section III                                       Harbor Manggement and Waterfront Plan





              Issue: Regulatory Approaches to Creating Public Access


              Some communities establish river corridor overlay districts. Through such districts,
              specific development standards can be applied to shoreland areas. For example, the
              Green River Corridor Special Interest District in Kent, Washington governs
              development within the first 200 feet of the ordinary high water line of the river.
              Specific development standards include the following:


                    "No building or lot within the District shall be constructed or created
                    without providing access to the Green River via public sidewalks or a
                    private trail system."


              Additional performance standards specify landscaping and vegetative buffer
              requirements within the corridor as well as for preventing   and mitigating adverse
              impacts on fish and wildlife resources and enhancing wildlife habitat.


              Similar to Dover's Cochecho Waterfront District, the Town of Plymouth,
              Massachusetts has established a separate waterfront district that places particular
              emphasis on providing pedestrian access to and along the waterfront:


                    "All uses, premises and structures should be designed to allow
                    pedestrian access to and along the shore for a minimum distance of ten
                    feet inland from the mean high water mark."













                                                       37









              Section III                                       Harbor Mannement and Waterfront Plan


                    Recommendation #27: River Corridor Overlay Zoning


                    The City of Dover should establish a Cochecho River overlay district which
                    specifies requirements such as public sidewalks/ trails as well as landscaping
                    and vegetative buffers as a mechanism to enhance public access and protect
                    scenic and natural resources in the river corridor.


                    Recommendation #28: Cochecho Waterfront District - Public Access


                    The City of Dover should require pedestrian or visual access as a basic
                    condition for all uses within the Cochecho Waterfront District as one
                    mechanism to implement the City's public access objectives.





























                                                       38









            Section HI                                         Harbor Manggement and WaLerfront Plan



            Resource Protection


            Introduction


            The Cochecho River is part of the Great Bay estuarine system. The river and its
            shoreland areas support a variety of natural resources ranging from wetland and
            scenic areas to fish, wildlife, and rare, plants, animals, and natural communities.
            The Cochecho's water quality, once Class C and D, has been upgraded to Class B and
            is now used for boating, fishing, and other recreational activities. Protection of the
            Cochecho's wealth of natural resources as well as improvement of water quality, are
            high priorities.



                                                   Figure 4







                                                2.










                                       71





                      Fresh Creek as it enters the Cochecho River.









                                                      39








              Section III                                         Harbor Mannement and WaLe&ont Plan



              Recommendations


              Issue: Water Quality - Outfalls and Stormwater Runoff


              There are at least six outfalls to the Cochecho, River within the study area. One of
              these, a four foot pipe located just west of George's Marina, collects and discharges
              stormwater runoff from Dover's entire north end, south of Garrison Hill and
              including the east side of Central Avenue. As a result of recent drainage
              improvements to Cochecho Street, all stormwater drains in the Cochecho Street
              area are tied together and discharge at this one outfall. Thus, non-point pollutants
              from urban runoff as well as raw sewage from some homes still tied into these
              collection and outfall systems, are entering the Cochecho.            Each year, the
              Department of Public Works conducts tests in order to identify and subsequently
              remove raw sewage sources still connected to the stormwater collection system. If
              steps are not taken to address this pollutant source, water quality will continue to be
              negatively impacted despite relocation of the Sewage Treatment Plant.


                     Recommendation #29: Water Quality - Outfalls and Stormwater Runoff


                        9 The City of Dover should continue to investigate and eliminate direct
                           and indirect sewage flows to the Cochecho River from private
                           businesses and residences.


                        e  The City of Dover should minimize stormwater runoff to the
                           Cochecho River from new and existing development by requiring
                           "Best Management Practices" (BMPs) such as the interception and
                           diversion of stormwater to detention basins to allow for natural
                           assimilation of stormwater.












                                                        40








              Section III                                          Harbor ManySement and WaLerftont Plan


              Issue: Water Quality - Overboard Discharges


              By federal law, boaters are only allowed to discharge on board wastes at sea. There is
              no data available regarding the frequency with which overboard discharges from
              pleasure boats takes place in the Cochecho River, nor is there any data concerning
              the water quality impacts of those discharges. However, there is currently no pump-
              out facility to serve pleasure boats using the Cochecho River. In fact, the closest
              facility is located at the Wentworth Marina in New Castle.


              The U.S. Coast Guard is the only agency with enforcement authority regarding
              overboard discharges, and the agency's limited resources make enforcement of
              overboard discharge regulations a relatively low priority.            Thus, -while the
              downstream relocation of the Sewage Treatment Plant downstream will improve
              water quality, water quality could still be a problem if boaters continue the practice of
              overboard discharge. Assuming an increase in recreational boating on the river, as
              well as the development of additional marina facilities, overboard discharge could
              become a significant problem.


                     Recommendation #30: Water Quality - Overboard Discharges


                     * Any future marina developments of significant size should be required to
                        provide for an on-site vessel sanitary pump-out facility and on-shore
                        public restroom facilities for transient and resident boaters.


                     9  The State of New Hampshire should adopt legislation requiring future
                        marina developments to provide for on-site vessel sanitary pump-out
                        facilities.














                                                         41









             Section III                                       Harbor Manygement and WaLerftont Plan


             Issue: Local Natural Resource Protection Regulations


             Tidal marshes are found adjacent to much of Fresh Creek and along the northern
             and southern banks of the Cochecho between Fresh Creek and the Cochecho's
             confluence with the Salmon Falls River. These wetlands serve a number of vital
             roles. For example, they act to detain and absorb floodwater, filter pollutants, and
             provide habitat for many species. According to the N.H. Natural Heritage Inventory
             data base, rare plant, animal, and/or natural communities exist along the Cochecho
             River between Upper Narrows and Emerson Creek. Alteration of the mudflats may
             result in the disturbance of the rare plants found within this area. While the
             Cochecho does not support any commercial fishing interests, it does support a
             recreational fishery.    The N.H. Fish and Game conducts management and
             monitoring programs for a number of species.


             Two overlay zoning districts - the Conservation District (City Code Chapter 170-27)
             and the Wetland Protection District (City Code Chapter 170-27.1) - protect natural
             resources within the rural portion of the Cochecho River study area. Review of
             these districts indicates that they are adequate to protect these resources.


                    Recommendation #31:       Local Natural Resource Protection Regulations


                       9 The City of Dover should continue to enforce the provisions of the
                          Conservation District (City Code Chapter 170-27) and the Wetland
                          Protection District (City Code Chapter 170-27.1)


                       e  The City of Dover should use local zoning, subdivision, and site plan
                          review regulations to assess and mitigate development impacts on
                          natural resources.













                                                       42









            Section HI                                         Harbor Manggement and WaLer ront Plan
                                                                                        f


            Waterftont Redevelopment


            Introduction


            Over the past two decades, Dover has pursued a coordinated, long-term effort to
            redevelop and revitalize its Central Business District. The City has made significant
            progress towards achieving this goal - infrastructure improvements and. building
            rehabilitation have transformed     the character of Dover's downtown; and the
            historic Pacific Mills which dominate the City's central core, are being renovated
            and leased for office use. Currently, the City is interested in redeveloping and
            revitalizing the Cochecho River waterfront adjacent to the Pacific Mills.



                                                  Figure 5








                                                         '7@










                                             W


                          -V
                                                    1-Z

                      The Pacific Mills and  the Clarostat building on  the Cochecho's
                      north bank in downtown Dover.








                                                     43









              Section III                                         Harbor Manggentent and WaLer
                                                                                           Aont Plan



              Recommendations


              Issue: Mixed Use and Water Dependent Development


              Restoring the Cochecho waterfront, particularly as it relates to downtown's
              investment climate, is an important objective of the City's 1988 Master Plan.
              According to the Master Plan,


                    "Along the entire seaboard, communities have capitalized on a potent
                    combination of water, boats, retailing, residential units, and office
                    space. Newburyport, Kennebunkport, Ogunquit, and Portsmouth
                    provide close-at-hand examples of successful adaptive reuse and new
                    investment drawn by waterfront locations."


              In 1983, the City created the Cochecho Waterfront District, which extends
              approximately one-half mile from the City's downtown along the Cochecho's north
              bank. Permitted uses include multi-family residential, recreational, office, retail,
              marina, and other commercial uses. At present, much of the waterfront in this
              district consists of privately held vacant and underutilized land and buildings.


                    Recommendation #32: Mixed Use and Water Dependent Development


                    The City of Dover should encourage the development of a mix of retail,
                    office, residential, and water dependent uses within the Cochecho Waterfront
                    District, while ensuring that a greenbelt is maintained along the river's edge
                    (see Area B, Map 2).











                                                        44









             Section III                                       Harbor Mannement and Waterfront Plan


             Issue: Mixed Use Redevelopment - Clarostat Building


             The Clarostat building, adjacent to downtown Dover's historic Pacific Mills complex
             in the elbow of the Cochecho River, is zoned Urban Multiple Use District (UMUD).
             Uses permitted within this district include a variety of commercial uses as well as
             light industry, several community/ public uses, and multi-family dwellings. The
             Clarostat Manufacturing Company, the current occupant of the building, is planning
             to relocate and the building is for sale.


                   Recommendation #33: Mixed Use Redevelopment - Clarostat Building


                   The City of Dover should encourage the private redevelopment of the
                   Clarostat building to accommodate a mix of residential and non-residential
                   uses. This may be accomplished, in part, throu      gh a joint public-private
                   partnership (see Area A, Map 2).



             Issue: Infrastructure Improvements


             Improving access to the Cochecho Street area will play an important role in
             developing this portion of the Cochecho waterfront for residential, non-residential,
             and recreational uses. For example, infrastructure improvements such as the
             widening of Cochecho Street as well as installation of sidewalks and street lights,
             planting of street trees, and undergrounding of utilities, would attract more use of
             the river. Infrastructure improvements recommended in the 1984 Pacific Mills
             Master Plan which have not been implemented are listed below.











                                                      45









              Section III                                            Harbor Manggement and WaLer
                                                                                                Aont Plan


                      Recommendation #34: Infrastructure Improvements

                      The City of Dover should reconstruct the following streets:

                         * Reconstruct Cochecho /Portland Street intersection.

                         0 Reconstruct Cochecho Street (to be done in 1990).


                         0 Reconstruct Portland Street from Main Street to School Street.


                      This reconstruction effort should include improvements such as widening,
                      installation of sidewalks and street lights, planting of trees, undergrounding
                      of utilities, and other appropriate safety and aesthetic improvements.


              Issue:  Parking


              As Dover grows and the City's waterfront is revitalized, the demand for parking will
              increase significantly. Therefore, there is a need for additional, strategically located
              parking facilities to service water related facilities.


                      Recommendation #35: Parking Ratios


                      The City of Dover should require that new water-related facilities provide .75
                      parking spaces for each boat slip (either private or public development).
















                                                           46









              Section III                                       Harbor Manggement and WaLer
                                                                                          ftont Plan



              Issue: Satellite Parking Lot


              According to the 1984 Pacific Mills Master Plan, the total number of parking spaces
              available in Dover's Central Business District' is inadequate. The study also
              indicated that intensification of use or redevelopment of vacant parcels will only
              worsen the problem. Further, the plan states that because of the limited land area of
              most of the Cochecho's waterfront parcels, parking is a problem.


                    Recommendation #36: Satellite Parking Lot


                    The City of Dover should develop a 50-car parking area to support waterfront
                    use in the triangle between Portland Street and Portland Avenue. This may
                    be accomplished, at least in part, by requiring cash payments for this off-site
                    improvement from developers who are unable to meet waterfront parking
                    standards.




              Issue: Zoning/ Consistency


              Existing zoning is sufficient to ensure appropriate and compatible water-dependent
              and water-enhanc6d land use along the waterfront. (An exception to this is the need
              to rezone the City-owned lands from industrial to Cochecho Waterfront District).


                    Recommendation #37: Zoning/Consistency


                    The City of Dover should review proposed projects for consistency with the
                    goals and objectives of the Cochecho River Harbor Management Plan (after
                    adoption by the City) and those of the New Hampshire Coastal Zone
                    Management Program.








                                                       47



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                                                    Section IV
                           Maximizing Harbor Management Revenue Sources



                                                 Table of Contents


                                                                                            Ew,-e
              Introduction                                                                   49
              City of Dover - Cochecho River Harbor Management Fund                          50
              N.H. Port Authority - Future Revenue Needs                                     51
              N.H. Port Authority - Methods for Maximizing Revenue Sources                   51
                     Mooring/Slip Fees                                                       52
                     Vessel Registration Fees                                                53
                     Boat Fees                                                               53
                     Special Waterfront Assessment Districts                                 54
                     Fines from Enforcement Actions                                          54
                     Local Real Estate Transfer/Gains Tax                                    54
                     Marine Motor Fuel Tax                                                   55
                     User Fees for Services                                                  55
                Marine Facilities Fees                                                       56
                     Vessel Operators Licensing Fee                                          56
                     Lease of Submerged Tidal Lands                                          56
                     Ground Lease and Land Sales                                             56
                     Sale of Natural Resources                                               57






                                                       Tables




              Table 1 Annual Vessel Registration Fees                                        53







                                                         48











                                                  Section IV
                          Maximizing Harbor Management Revenue Sources



              Introduction


              Implementation of the Cochecho River Harbor Management Plan will involve a
              combination of public and private sector initiatives as well as joint public-private
              partnerships. Certain recommendations designed to increase public access, such as
              development of a new riverfront park, boat launch facilities and a waterfront
              greenbelt, are ideal candidates for a combination of federal /state/ local funding
              through, for example, the Community Development Block Grant program, the
              Land and Water Conservation Fund, and Coastal Zone Management grants. Other
              recommendations, such as the mixed use development and inner harbor and
              marina facility proposed for the City-owned land, represent an excellent opportunity
              for a public-private partnership initiative.          City-funded infrastructure
              improvements, including street reconstruction and elimination of sewage flows,
              should act to stimulate private sector investment     in the Cochecho waterfront.
              Finally, the implementation of some recommendations, such as zoning changes
              and enforcement of existing regulations, will not require any additional funds.


              Detailed cost estimates and funding source assignments for all recommendations
              presented in this plan are beyond the scope of this study.* Instead, the following
              focuses specifically on maximizing harbor management revenue sources. It
              presents a methodology for establishing a local harbor management fund, an
              overview of N.H. Port Authority harbor management revenue needs, and potential
              methods for maximizing revenue sources.









                 However, the 1984 Pacific Mills Master Plan does contain cost estimates for a number of them.



                                                       49









              Section IV                                    MaximiziLng Harbor Manggement Revenue Sources


              City of Dover - Cochecho River Harbor Management Fund


              The City of Dover should establish, by ordinance, a Cochecho River Harbor
              Management Fund, or similar funding mechanism, earmarked specifically for
              implementation of the Cochecho River Harbor Management Plan, including
              harbor-related administration, physical improvements, and required maintenance
              activities. The Harbor Management Fund ordinance should include:


                         * A section that creates the fund, states the purpose of the fund, directs
                            the City financial officer to establish the fund in the accounts of the
                            City, and identifies possible sources of Harbor Management Fund
                            monies.


                         9  A section listing the money sources that should be deposited in the
                            Harbor Management Fund. Possible sources include: local permit fees;
                            state boat registration funds; boat launching fees; maintenance
                            dredging funds; federal, state, or private grants; and contributions, fines
                            and/or penalties.


                         *  A section which outlines the investment and management of harbor
                            funds. The procedure for placement of monies into this fund should
                            be identified; weekly or monthly deposit deadlines should be specified;
                            and idle money investment policy and the allocation of equitable
                            investment fees should be referenced.


                            A section which identifies the procedure for fund expenditures as well
                            as the procedure for the development and approval of the annual
                            budget prior to expenditures from this fund by the City of Dover.









                                                          50









              Section IV                                    Maximizin Harbor Manggement Revenue Sources


              N.H. Port Authority - Future Revenue Needs


              The N.H. Port Authority should secure additional equipment and staffing,
              particularly additional Harbormaster assistance in order to carry out the harbor
              management and enforcement recommendations contained in the Cochecho River
              Harbor Management Plan.


              In addition to its current staffing of one full-time Chief Harbormaster and six part-
              time Harbormasters, it is recommended that the New Hampshire Port Authority
              establish three new full-time Harbormaster positions. This would create a full-time
              Harbormaster position to monitor the Cochecho River; a Harbormaster for the
              Lamprey River; as well as staff to assist in the placement of moorings and
              navigational aids (as outlined below in Section VD. All additional staffing would be
              under the direction of the Chief Harbormaster for the New Hampshire Port
              Authority. The State should also allow the N.H. Port Authority the necessary funds
              to purchase equipment and provide operating expenses for Harbormaster vessels.


              The additional annual cost of these expenditures is estimated at approximately
              $150,000. Of this, $100,000 would be for the cost of additional staff and staff training,
              and $50,000 for capital purchases and operating expenses. Possible mechanisms
              through which the N.H. Port Authority could seek funding for these anticipated
              costs are outlined below.


              N.H. Port Authority - Methods for Maximizing Revenue Sources


              An informal survey was conducted in order to determine what techniques other
              states use to fund harbor improvement and management projects. This effort was
              undertaken in order to identify additional revenue sources to fund N.H. Port
              Authority harbor management and improvement activities.









             Section IV                                  Maximizin Harbor Manggement Revenue Sources


             In general, revenue can be increased by using one or more of the following funding

             sources:



                          Vessel Fees
                          Assessments/ Fines
                          User Fees
                          Permit/ Licensing Fees
                          Sale/Lease of Real Property


             Revenue sources and funding methods are described below.


             Mooring/Slil2 Fees


             The N.H. Port Authority is empowered to collect an'annual fee of $2.00 per foot of
             vessel length for all vessels moored in tidal waters. A comparison of this fee to
             those used elsewhere indicates that this fee is moderate to low. For example, in
             Massachusetts, where the state allows communities to assess mooring fees, fees
             range from $2.00 to $8.00 per vessel foot. These fees are placed in a dedicated fund
             for harbor improvement and management projects. Likewise, Connecticut allows
             communities to assess a mooring permit fee of $100/vessel, provided that it is'
             placed in a dedicated harbor fund.


             In addition to charging fees for vessels on moorings, New Hampshire could apply
             the fee system to cover all tidal vessels, whether on a mooring or on a dock or slip
             (even in commercial facilities). This is based on the presumption that the services
             supplied by the N.H. Port Authority benefit boaters using both moorings and docks
             or slips, and therefore the costs should be shared by all.










                                                       52









               Section IV                                      Maximizin Harbor Manggement Revenue Sources


               Vessel Registration Fees


               New Hampshire charges an average vessel registration fee of approximately $26-40.
               As a source of revenue, New Hampshire fairs better than New York which only
               charges an average of $7.80 per vessel. On the other hand, Florida receives an
               average of $33.00 per vessel, while New Jersey receives $42.20, and Connecticut
               $230.00 (see Table 1).




                                                         Table 1
                                           Annual Vessel Registration Fees


                   Vessel
               Classification         N H           NY            Cr             NJ            FL
                    <16'.             $12             $3          $15              $6            $4
                   16-25'             $17             $6          $64            $14           $11
                   26-39'             $26           $10           $16            $26           $31
                   40-65'             $36           $10           $388           $40           $51
                    >65'              $46           $10           $525          $125           $68


                   Due to differences in vessel classifications, fees are averaged.




               Boat Fees


               New Hampshire is similar to most New England states in that the Boat Fee (or
               Exdse Tax) is the primary source of harbor management and improvement revenue
               for the state. As New Hampshire recently increased these fees, it is not likely that
               additional revenues can be generated from this source in the near future.








                                                            53









               Section IV                                       MarimiziLng Harbor Manggement Revenue Sources


               Special Waterfront Assessment Districts


               Special Waterfront Assessment Districts are a special assessment or betterment
               district for specific waterfront zones., A charge is assessed by the municipality on
               owners of property who will benefit from an adjacent or nearby improvement. This
               technique is intended to recoup the costs of public investments. Revenues
               generated through this mechanism are typically used for such activities as erosion
               control, bulkheading, breakwaters, street construction, sewer and infrastructure
               improvements, and parking lots. Assessments are usually determined based on
               proportional frontage, the land area served by the improvement, or the value which
               the improvement adds to the land.


               Fines from   Enforcement Actions


               Revenues can be generated as a result of law enforcement actions undertaken by
               N.H. Port Authority harbormasters. This would include any violation of any rule
               or regulation of the Authority promulgated under NH RSA 271-A (Rules and
               Regulations pertaining to the Harbors and Tidal Waters of the State of New
               Hampshire). As boating activity on the tidal waters increase, so will enforcement
               actions, potentially resulting in a corresponding increase in revenues.


               Local Real Estate Transfer/Gains Tax


               The concept of establishing a real property gains or transfer tax has been successfully
               used in several New England locations, most notably in Nantucket, Massachusetts
               and Little Compton, Rhode Island. In both cases, the state legislature has allowed
               the community to impose a real estate transfer tax of up to 2 percent (Nantucket)
               and 5 percent (Little Compton) on all real estate transactions. To date, Nantucket
               has generated more than $6 million through this mechanism. In both cases, the
               transfer tax is earmarked for land acquisition. Likewise, the Massachusetts State
               Legislature recently debated state-wide enabling legislation for municipalities to
               initiate a 2 percent Land Bank or transfer tax to be used, in part, for land acquisition.
               The State of Vermont has established a similar land gains tax which imposes a



                                                             54










               Section IV                                    Maximizing Harbor Management Revenue Sources



               substantial graduated tax on capital gains from the resale of property held less than
               six years.


               New Hampshire communities do not currently have the authority to assess local
               real estate transfer taxes. However, should state enabling legis      lation be initiated,
               Dover could develop a local real estate transfer program targeted to waterfront
               lands. The proceeds of such a program could be used for harbor management,
               public access, resource protection and/or some other public good.


               Marine Motor Fuel Tax


               The State of New York recently considered a one-cent increase in the marine motor
               fuel tax as a means of raising additional revenues to support marine recreation and
               management programs.


               User Fees for Services


               Increasingly, governments at the state, federal and local levels are relying on "user
               fees" as a means of increasing revenues. User fees are based on the pay-as-you-go or
               if-you-use-it/you-pay-for-it principle. Generally, user fees are a one-time cost for
               services. While appropriate in many instances, user fees do not always spread costs
               equitably for all users. Examples  of user fees which could be increased or established
               include:



                             Boat launch fees
                             Boat ramp fees
                             Parking fees
                             Boat towing fees
                             Fuel assistance fees
                             Search and rescue fees
                             .Inspection fees





                                                           55









             Section IV                                   Maximizin Harbor Manggement Revenue Sources



             Marine Facilities Fees


             Similar in nature to user fees, marine facilities fees require users to purchase a
             renewable pass or sticker. Primarily used as a local revenue source, the marine
             facilities fee is comparable to the season pass used in most state and federal parks.
             Hingham, Massachusetts uses such a program to generate revenues.


             Vessel Operators Licensing Fee


             Several states now require all vessel operators to obtain an operators license. For
             example, the state of Michigan requires all operators under the age of sixteen to take
             a state-sponsored marine safety course prior to their obtaining a license. The cost of
             the program is offset by a modest licensing fee.


             Lease of Submerged Tidal Lands


             At least twenty-three states have submerged lands leasing systems. The State of
             New Hampshire, however, does not receive any income through the lease of its
             submerged tidal lands. While several states generate substantial revenues from
             these leases, in most states program revenues do not exceed administrative costs. A
             detailed analysis of this option is described in Section VIL


             Ground Lease and Land Sales


             Similar in concept to lease of stibmerged tidal lands, this revenue generation
             method attempts to retrieve the real estate value found in uplands adjacent to
             waters. The N.H. Port Authority and other State agencies could enter into
             agreements to sell or lease their surplus lands for water dependent uses.


             The Massachusetts Port Authority has successfully used this approach in developing
             much of the previously abandoned or blighted Boston waterfront into a vital
             working port. In several instances, MassPort entered into ground leases with
             private developers who, in return, constructed development projects on land.



                                                       56









               Section IV                                      Maximizin Harbor Manygetnent Revenue Sources




               Sale of Natural Resources


               Many states have used the sale of their natural resources such as gravel, sand, and
               oil, to generate revenues. In some cases, these sales have been small and project
               specific, such as the sale of clean sand material from a dredging project.



































                                                             57



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                                                  Section V
                                             Situation Analysis



                                              Table of Contents




             Land and Water Use                                                         61
                    Introduction                                                        61
                    Current Land Use Trends                                             62
                    Future Land Use Trends                                              65
                          Introduction                                                  65
                          Waterfront Redevelopment                                      65
                                 Existing Zoning                                        65
                                 Pacific Mills Master Plan Recommendations              66
                                 Land Acquisiti on and Protection Study
                                   Recommendations                                      69
                                 Dover Master Plan Recommendations                      70
                          Public Access, Open Space, and Recreation                     71
                                 Existing Open Space and Recreational Resources         71
                                 Existing Zoning                                        72
                                 Land Acquisition and Protection Study
                                    Recommendations                                     74
                                 Dover Master Plan Recommendations                      75
                    Current and Future Water Use Trends                                 77
                          Boating                                                       77
                          Fishing and Shellfishing                                      79
                          Other Recreational Uses                                       79


             Coastal and Marine Resources                                               80
                    Introduction                                                        80
                    Wetlands                                                            80
                    Steep Slopes                                                        82
                    Significant Natural Features                                        82
                    Rare Plants, Animals, and Natural Communities                       84


                                                      58












                      Erosion                                                                    85
                      Navigational Conditions                                                    86
                      River Water Quality                                                        87
                      Fish and Shellfish Resources                                               89
                      Historic and Cultural Resources                                            91


               Local Population and Development Trends                                           92


               Public Facilities                                                                 94
                      Introduction                                                               94
                      Sewer                                                                      94
                      Overboard Discharge from Pleasure Boats                                    96
                      Water                                                                      97
                      Parking                                                                    98
                      Streets                                                                    99



               References                                                                        101






                                                         Tables


               Table 2   Underutilized Properties                                                 63
               Table 3   Vacant Properties                                                        63
               Table 4   Motorboats Used on Federal Water in New Hampshire                        78
               Table 5   Wetland Soils, Cochecho River Study Area                                 81
               Table 6   Wetland Soils, Cochecho River Study Area Watersheds                      81
               Table 7   Land Conservation Inventory, Cochecho River Study
                         Area                                                                     83
               Table 8   Rare Plants, Animals, and Natural Communities Known
                         to Occur Within the Tidal Portion of the Cochecho River                  85
               Table 9   State Surface Water Quality Classifications                              87
               Table 10 , NPDES Permits, Cochecho River, Dover N.H., 1988                         89





                                                            59










                                                    Maps


                                                                                  Follows PWe
             Map 3a     Generalized Existing Land Use, Urban Core Portion of
                        Study Area                                                       62
             Map 3b     Existing Land Use, Rural Portion of Study Area                   64
             Map 4      Generalized Zoning                                               65
             Map 5      Wetland Soils                                                    80
             Map 6      Slopes                                                           82
             Map 7      Rare Plants, Animals, and/or Natural Communities                 84
             Map 8a     Historic and Cultural Features, Urban Core Portion of
                        Study Area                                                       91
             Map 8b     Historic and Cultural Features, Rural Portion of Study
                        Area                                                             91






































                                                      60










                                                    Section V
                                               Situation Analysis



              Land and Water Use



              Introduction


              Current  land and water use patterns within the Cochecho River study area have
              been shaped by the events of the last several centuries. The Cochecho River,
              connected to Great Bay and the ocean by the Piscataqua River, was once part of a
              vast, interconnected transportation system, making Dover an important center of
              commerce. This transportation link, coupled with the water power provided by the
              Cochecho River Falls, resulted in the development of the City's early lumber mill-
              based economy. Later, the Cochecho Mills (now the Pacific Mills) in downtown
              Dover utilized the water power of the falls to manufacture textiles.


              Dover's thriving manufacturing economy began its economic decline with the
              downturn of the northern textile industry during the first half of this century. This
              marked the beginning of deteriorating infrastructure and housing stock in the City's
              downtown area. For many years, the mills remained vacant or underutilized.


              Over the past two decades, Dover has pursued a coordinated, long-term effort to
              redevelop and revitalize its Central Business District. The City has made significant
              progress towards achieving this goal - infrastructure improvements and building
              rehabilitation have transformed the character of Dover's downtown, and the Pacific
              Mills are currently being renovated and leased for office space. Today, the mills
              stand along the Cochecho as evidence of Dover's historic past. As the dominant
              feature of the City's Central Business District, the Pacific Mills complex and the
              nearby Clarostat building provide residents with a sense of identity and play a
              significant role in defining downtown Dover's special character.


              Currently, the city is interested in redeveloping and revitalizing the Cochecho, River
              waterfront adjacent to the Pacific Mills. In addition, the City recognizes the
              importance of protecting open space along the relatively undeveloped portion of the


                                                        61









              Section V                                                            Situation Analy, Lis


              Cochecho east of downtown.      In particular, the City recognizes the need to more
              fully utilize the Cochecho      River's significant waterfront development and
              recreational potentials by developing an integrated, coordinated strategy which
              recognizes both future water and associated land use issues.


              Current Land Use Trends


              For the purposes of this study, land use patterns along the tidal portion of the
              Cochecho River can be broken into three subareas. The first subarea consists of the
              land area along the north bank of the river, from Washington Street to Rogers
              Street. Generally speaking, much of this area of the Cochecho waterfront consists of
              privately held vacant or underutilized land and buildings (see Map 3a). The most
              important exceptions to this is the Clarostat building located on Washington Street
              which is currently used for manufacturing; and George's Marina off Cochecho
              Street.


              The City-owned land, located directly across the river, comprises the second subarea.
              This land, located near downtown on the south bank of the Cochecho, is currently
              in public use and is used primarily for the City's Sewage Treatment Plant, the
              Department of Public Works facility, and Maglaras Park (see Map 3a).


              Underutilized and vacant properties located within these two subareas are listed
              below in Tables 2 and 3 and depicted on Map 3a. The Clarostat building (Tax Map 23,
              Lot 14) is currently for sale. The Clarostat Manufacturing Company, the current
              occupant of the building, is planning to relocate. Clarostat currently uses the
              unpaved parking lot (Map 23, Lot 13) located adjacent to Clarostat between Water
              Street and the Cochecho.














                                                        62







                                                                                                                                                                       AT L.
























                                                                                                                                                                        @,q
                                                                                                                                                          .. ........

                                                                                                                                         COC  I


                                                                                                       George's MarinFaar                                                       Public Service
                                                                                                                                                                                Building

                                                                                                                                             Sewage
                                                                                                                                             Treatment
                      4@)                                                         f
                                                                e
                                                                                                                                               lant
              STREET
                                                                          a
                                                                               CO                                                    ..... .



              STREET
                                                                                                                                      .. .... ......


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                                                                                     -4 M
                                      m
                                       C            Cla s        t                                           . ... ..... .... ..
                                                                                                                                                                 .. ... . .
                                       rn                    in

                                                                                                                   17.   Im


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                 r




                                                                                                                                                                                5.








                                                                                                                                                                     A
                                                                                                                                                                           4vpjV,









              Section V                                                            Situation Analysis



                                                     Table 2
                                            Underutilized Properties

                    Name                                    MW                  Lat
                    Clarostat Building                        23                 14
                    Unpaved Parking Lot                       23                 13
                    DPW Garage                                22                 1 (part of)
                    Sewage Treatment Plant                    22                 1 (part of)
                    Public Service Building                   24                133
                    Restaurant (out of business)              24                139


                                                     Table 3
                                                Vacant Properties

                 Left Bank


                 MAR       Lot
                 23        94,95
                 23        3,3A
                 23        1
                 24        141,142
                 24        136,137
                 24        105A
                 24        108 (part of)
                 24        109A, 112
                 24        114 (part of)
                 24        15 (part of)
                 124       132
                 N         22, 23 (site of recently approved 9 lot subdivision)

                 Right Bank

                 MaR       Lot
                 22        1 (part of) (City-owned property; DPW Garage and Sewage Treatment
                               Plant located on part of parcel)
                 22        42 (part of) (Maglaras Park)
                 K         2 (site of recently approved 146 lot subdivision)


                                                        63
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              Section V                                                              Situation Analysis





              The balance of the study area, located downstream, is characterized primarily by
              large tracts of rural, undeveloped land along both banks of the Cochecho River to its
              confluence with the Salmon Falls River (see Map 3b). Land uses within this
              segment of the study area include a 35-acre commercial farm located between the
              river's southern bank and Henry Law Avenue; two tree farms west of Fresh Creek;
              the Cochecho River Country Club adjacent to the northern bank of the Cochecho
              River east of Emerson Brook; and several residences. Recent subdivision activity
              within this portion of the study area has been limited to:


                         0 a 146 lot subdivision located on a waterfront parcel just east of Maglaras
                            Park which includes a 250 foot conservation easement along the river;


                         0 a 9 lot subdivision located directly across the river (Map N, Lot 22); and


                         0 a th ree lot waterfront subdivision west of McKone Lane.





























                                                         64














                                                                                                                                                                                                                         'ROOL











                                                                                                                         .................







                                                                                                                                      .... ........



                                                                                                                                  .... ......
                                                                                                                     ................












                                                                                                                                                                                   IOU
                                                                                                                                                                                        (ICU
                                  0                                                                                                   . ...






                                                                                                                                                                  110



                                               See Map 2a




                                       0 ers                                                                                                                 I
                                             rms




                                                                                 v#&


                                                                                                    .................



                                                                  See Map 2a


                                                                                                                                                                                                W. a








                                                                                                                                                                        A-


                                                en                                                                                                                                                                                                                \.Z.









              Section V                                                               Situation Analysis



              Future Land Use Trends



                     Introduction


              Policy documents and planning studies, such as the 1984 Pacific Mills Master Plan,
              the 1989 Land Acquisition and Protection Study, and the City's 1988 Master Plan,
              provide an indication of the type of future land use the City envisions for the
              Cochecho River study area. These studies address future waterfront redevelopment
              and open space /recreation needs within the study area and provide specific
              objectives, recommendations, and implementation strategies designed to address
              these needs. Many of these as yet unimplemented objectives and recommendations
              are still relevant today and will be discussed in Section III, the Harbor Management
              and Waterfront Plan.


              Existing zoning will also play a role, at least in the short term, in determining future
              land uses in the study area. Generally speaking, areas zoned for commercial and
              higher density residential use are located within the downtown portion of the study
              area, while lower density residential uses are zoned for the eastern portion of the
              study area. Below, is a discussion of issues and recommendations detailed in recent
              planning studies which are relevant to the Cochecho River study area.


                     Waterfront Redevelopment


                     Existing Zoning


              Future waterfront redevelopment strategies within the downtown portion of the
              study area will be shaped by three different zoning districts. These are the Cochecho
              Waterfront District, the Industrial (1-2) district occupied by the Department of Public
              Works Facility and the Sewage Treatment Plant; and the Urban Multiple Use
              District occupied by the Clarostat building located in the river's elbow in downtown
              Dover (see Map 4).





                                                          65


























                                                                                                                                                                                                                                                                             . .. . ..






                                                                                                                                                                                                       . .. .. ... ...........



                                                                                                                                                                                             ...............



                                                                                                                                                                                                                           .. . . .......
                                                                                                                                                                                                                            ... ... ......
                                                                                                                                                                                                                             .......... ... ....
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                                                en









              Section V                                                                Situation Analysis


              The Cochecho Waterfront District (CWD) was created by the City in 1983. This
              district, which extends approximately one-half mile from the City's downtown
              along the Cochecho's left bank, is approximately 250 feet in depth. It encompasses
              the area between the Cochecho's left bank and Cochecho Street; the area bordered by
              Young Street, Washington Street, Main Street, and the river's left bank; and
              approximately half of the area bordered by Portland Street, Portland Avenue,
              Cochecho Street, and Rogers Street. A variety of commercial uses, including
              marinas, are permitted by right in this district. Multi-family dwellings are allowed
              by right with certain conditions. Conversion of existing dwellings to accommodate
              additional residential units is permitted by special exception, provided certain
              conditions are met. A number of community/ public uses, including public
              recreation, are also allowed.


              The Clarostat building, located in the elbow of the Cochecho in downtown Dover, is
              part of the City's Urban Multiple Use District (UMUD), created in 1983. Permitted
              uses include a variety of commercial uses as well as light industry, several
              community /public uses, and multi-family dwellings (with certain conditions).


              The area occupied by the Department of Public Works facility and the Sewage
              Treatment Facility is zoned Industrial (1-2). Industrial uses as well as a number of
              commercial and community /public uses are allowed in this district by right.
              Marinas and new residential uses are not currently allowed in this district.


                     Pacific Mills Master Plan Recommendations


              The Pacific Mills Master Plan, prepared for the City of Dover in 1984, documents
              recommendations and implementation strategies for the redevelopment of the
              Cochecho River waterfront in the City's downtown area. In addition, the plan
              details recommendations for the reuse of the City-owned land near downtown,
              currently used for the Sewage Treatment Plant and Department of Public Works
              facility. One of the plan's key concepts is to re-establish the City's historic role as a
              port town and enable the development of its most underutilized asset - the
              Cochecho River and its ocean access.




                                                          66












  7-
              Section V                                                           Situation Analysis




              The plan makes specific recommendations regarding infrastructure improvements
              such as street reconstruction and parking expansion; redevelopment of existing
              buildings for mixed use; relocation of public facilities; zoning changes; and public
              access/ recreation improvements. In addition, the plan provides a phased approach
              to these redevelopment and revitalization activities.       To date, many of the
              recommendations have been implemented or are in the process of being
              implemented.


              Recommendations focussed on the following four areas:


                           Pacific Mills Area (Central Business District)
                           School/Mechanic Street Area (Central Business District)
                           Cochecho Waterfront
                           City-Owned Land (adjacent to downtown along the banks of the
                           Cochecho).


              Of particular relevance to the    current Cochecho, River study are the plan's
              recommendations concerning the    Cochecho Waterfront and the City-owned Land.
              Generally speaking, parking, road, and other infrastructure improvements in the
              downtown area have been completed. However, many of the recommendations
              which pertain to use of vacant and underutilized land along the banks of the
              Cochecho River adjacent to the downtown area (Cochecho Waterfront and City-
              owned Land), have not yet been implemented.


              Recommendations pertaining to Cochecho waterfront redevelopment include:


                           marina/ commercial development between the northern bank of the
                           Cochecho and Cochecho Street (Pacific Mills Master Plan
                           Recommendation #17) (not completed);


  7.
  I



                                                       67
  77









             Section V                                                        Situation Analysis


                      * new housing with on-site parking on the northeastern bank of the
                         Cochecho River off of Cochecho Street (Pacific Mills Master Plan
                         Recommendation #19) (not completed); and


                      9  providing public access to the Cochecho River from Cochecho Street
                         just east of Cochecho Street's intersection with Portland Street (Pacific
                         Mills Master Plan Recommendation #18) (not completed).


             Recommendations for the City-owned Land, currently zoned industrial, on the
             southwestern bank of the Cochecho River include:


                      *  relocation of the Sewage Treatment Plant (Pacific Mills Master Plan
                         Recommendation #27) and the Department of Public Works facilities
                         (Pacific Mills Master Plan Recommendation #23) (in process; to be
                         completed by 1992);


                      *  dredge the channel of the Cochecho River in front    of the Sewage
                         Treatment Plant (Pacific Mills Master Plan Recommendation #25)
                         (completed in 1985);


                      0  encourage /promote private development of a portion of the City-
                         owned land as an "inner harbor" and marina, including the
                         preparation of a developer's kit (Pacific Mills Master Plan
                         Recommendation #24) (not completed);


                      *  develop a new riverfront  park on a portion of the City-owned land
                         (Pacific Mills Master Plan Recommendation #22) (not completed);


                      *  market a portion of the City-owned land for residential development
                         (Pacific Mills Master Plan Recommendation #33); (not completed);


                      9  construct a new Washington Street bridge over the Cochecho River
                         (Pacific Mills Master Plan Recommendation #21) (not completed); and



                                                    68









              Section V                                                               Situation_A@ @Isis




                            develop open space /recreation along the Cochecho River (Pacific Mills
                            Master Plan Recommendation #30) (not completed).


                     Land   Acquisition and Protection Study Recommendations


              The Land Acquisition and Protection Study, prepared for the City of Dover in 1989,
              also indicates that public access to the Cochecho River is a high priority, particularly
              in downtown Dover or the immediate area. The following two properties are
              recommended for this use:


                            Public Works Area (Map 22-Lot 1, Map 22-Lot 2)
                            Maglaras Park (Map 22-Lot 42)


                         Acreage: 56+/- acres
                         River frontage: 3,300 feet



              Maglaras   Park, the City's Sewage Treatment Plant, and the Department of Public
              Works facility are currently located on this land. However, as already indicated,
              relocation of the Treatment Plant and Public Works facilities will take place in the
              near future creating the opportunity for the development of alternative future land
              uses. The study recommends this land be used for public access to the Cochecho
              River. According to the 1989 study,


                     Situated at the head of the (tidal) Cochecho River Corridor, this area
                     would be ideal for a public boat launching area which could handle all
                     sizes and types. There are several possible locations. Soils and slope
                     are not a problem. Width and depth of river could present minor
                     difficulties at certain tides.









                                                          69









              Section V                                                             Situation Analysis


              Additional recommendations made by participants at the Cochecho River Harbor
              Management Plan kickoff meeting included the need for a town landing site near
              downtown which could provide a "Prescott Park" type of environment and a
              location for transient boaters.      Participants also indicated that the existing
               pipebridge," which crosses over the Cochecho between the City-owned land and
              the end of Washington Street, represents a potential pedestrian access between
              downtown and the City-owned land where the Sewage Treatment Plant is located.
              Since the pipebridge may have been engineered to support only the weight of the
              pipe itself, the City engineers will need to reassess whether this is feasible.
              Alternatively, the City could completely reconstruct the bridge in order to provide
              both pedestrian and vehicular access to the City-owned land.


              While the area in front of the Sewage Treatment Plant was recently dredged,
              sediment continues to accumulate behind the gravel causeway which runs into the
              center of the river and supports the outfall pipe from the Sewage Treatment Plant.
              Consequently, this area will need to be dredged again following relocation of the
              Sewage Treatment Plant. The City has a permit from the federal government which
              will enable it to conduct maintenance dredging in the future.


                     Dover Master Plan Recommendations


              Dover's 1988 Master Plan also provides direction for the future use of land within
              the study area. In particular, the City is committed to encouraging future downtown
              revitalization. Restoring the Cochecho waterfront, particularly as it relates to
              downtown's investment climate, is an important objective stated in the plan. In
              addition, the Master Plan indicates that the future use of large parcels of City-owned
              land along the Cochecho are "... an ideal location to optimize open space, recreation,
              and water access, with a private development scheme." According to the Master
              Plan,









                                                        70









               Section V                                                                Situation Analysis


                      Along the entire seaboard, communities have capitalized on a potent
                      combination of water, boats, retailing, residential units and office space.
                      Newburyport, Kennebunkport, Ogunquit, and Portsmouth provide
                      close-at-hand examples of successful adaptive reuse and new
                      investment drawn by waterfront locations.


                      Dover has a strong opportunity to attract an appealing mix of shops,
                      offices, and residential units along its downtown Cochecho waterfront.
                      The land currently occupied by its public works garage and by the soon
                      to be abandoned sewerage treatment plant, affords a unique
                      opportunity to craft an inviting mix of marina, retail, office, and
                      residential space.      In doing so, it would draw an important
                      entertainment component to the downtown scene, place excess public
                      lands on the local tax roll and recapture the flavor of the city's historic
                      past.


               The Master Plan specifically notes that the potential exists for conversion of the
               Clarostat Building, currently used for manufacturing, to mixed use and cites the
               need to draft a development strategy for the public lands adjacent to the Cochecho
               River in downtown.*


                      Public Access, 012en Space, and Recreation


                      Existing Open Space and Recreational Resources


               Existing open space and recreational resources within the study are depicted on Map
               3a. These resources and facilities include:


                             Fish Ladder Park (City-owned)   (2,300 square feet)
                             Henry Law Park and Butterfield Gym (City-owned) (6 acres)
                             Maglaras Park (City-owned) (29 acres)
                             Southside Little League (3 acres)
                             Cochecho Country Club (privately-owned)



                                                           71









              Section V                                                            Situation Analysis




              There are currently no municipal boating facilities on the tidal Cochecho. In fact,
              George's Marina, located on Cochecho Street on the north bank of the river,
              provides the only direct boating access to the tidal Cochecho. The closest public
              access point, to be completed in Spring 1990, is located on the Salmon Falls River at
              the Eliot Bridge in South Berwick, Maine. This two acre parcel, owned by the town
              of South Berwi&, will include 25 to 30 parking spaces and a small picnic area. This
              ramp will provide small motor boats and hand-powered craft with access to the
              Salmon Falls River, north of the river's confluence with the Cochecho.


              Potential public access and recreation facilities near downtown have already been
              described above. The following discussion focuses primarily on the relatively rural,
              undeveloped portion of the study area beginning at the easternmost edges of the
              industrially zoned area occupied by the Sewage Treatment Plant and the Cochecho,
              Waterfront District.


                     Existing Zoning


              Future activities within the relatively undeveloped part of the study area    will be
              influenced by the zoning provisions of several residential districts as well  as two
              overlay districts. These provisions are described below.


              The river's northern bank near downtown is zoned Low Density Multi-Use (multi-
              family) and, further east, Rural Residential (single family). The river's southern
              bank is zoned Medium Density (single family) near downtown and Rural
              Residential (single family) to the east (see Map 4).


              Two overlay zoning districts - the Conservation District (City Code Chapter 170-27)
              and the Wetland Protection District (City Code Chapter 170-27.1) - will affect future
              activities within the rural portion of the Cochecho River study area as well. The
              following areas are subject to the regulations of the City's overlay Conservation
              District:






                                                        72









              Section V                                                              Situation Analysis


                        o areas with slopes in excess of twenty percent (20%);


                        0  areas within one hundred (100) feet of the mean high water of any
                           water body, river, stream, swamp, or marsh subject to tidal action;


                        o  and those areas within a minimum of fifty (50) feet of the mean high
                           water of any stream, brook, or other freshwater body.


              Within this district, land uses are limited to those most appropriately located in
              environmentally sensitive areas. Alteration or disturbance of the natural state can
              only be permitted through special exception of the Zoning Board of Adjustment.
              Permitted uses include open space and recreation which preserves the aesthetics,
              vegetation, and wildlife habitat of the natural shoreline and waterway. Soil erosion
              and sedimentation plans are required for uses not otherwise permitted in this
              district, which may include the erection of a structure, dredging, filling, draining, or
              otherwise altering the surface configuration of the land. In addition, the cutting of
              trees is limited to no more than fifty percent (50%) of the basal area within a ten-year
              period. Further, a continuous area of tree cover must be maintained. The
              provisions of this district are not binding on Cochecho waterfront lots located in the
              Central Business, Urban Multiple Use, and Cochecho Waterfront zoning districts,
              provided that any proposed development actively integrates and makes use of the
              Cochecho River waterfront resource.


              The City's overlay Wetland Protection District includes all areas of very poorly
              drained soils and all areas of poorly drained soil which presently support, or which
              under natural conditions will support, a predominance of hydrophytic vegetation;
              and all areas of poorly drained soils regardless of vegetative types, which are
              contiguous to surface waters such as ponds, streams (perennial or intermittent), and
              rivers, and within the 100-year flood zone. On poorly drained soils, any use
              otherwise permitted by the zoning ordinance, except on-site sewerage disposal
              systems, must receive conditional use approval.





                                                         73









              Section V                                                              Situation Analysis


              Uses permitted on very poorly drained soils are limited to:


                        0 crossing of the Wetland Protection District by a road or other accessway,
                            utility right-of-way, communication lines, powerlines, and pipelines
                            (subject to conditional use approval); and


                        0   the construction or reconstruction of fences, footbridges, catwalks, boat
                            docks, and wharves (does not require a conditional use permit
                            provided that certain conditions are met).


              Structures must be set back at least seventy-five (75) feet from very poorly drained
              soils and no septic tank or leachfield may be constructed or enlarged closer than
              seventy-five (75) feet to very poorly or poorly drained soils.


                     Land Acquisition and Protection Study Recommendations


              The City has identified and prioritized land along     the undeveloped banks of the
              Cochecho for future protection. Specific City goals include increasing public access,
              preserving open space, and creating recreational opportunities. These open space
              protection priorities are contained in the 1989 Land Acquisition and Protection
              Study. In addition, the study identifies the best use and a strategic plan for
              acquiring/ protecting the identified parcels.


              Open space/river corridor protection was considered the number one priority.
              According to the study,


                            Along the Cochecho River, most of the properties are privately owned
                            and of larger acreage and frontage. Public use would be along the river
                            and be visual (low-intensity) - perfect for an easement program.


              The study recommends the following properties, representing a total of 34,000 feet
              (6.4 miles) of river frontage, for protection under a Cochecho River/Easement
              Program:



                                                         74









              Section V                                                             Situation Analysis




                            Public Service Co. (Map N-Lot 23)
                            Silvester (Map N-Lot 22C)
                            River's Edge (Map K-L'ot 2) (Note, a 146 lot subdivision was recently
                            approved on this parcel, with a 250 foot conservation easement)
                            Rousseau (Map K-Lot 1) (Note, this parcel was recently sold)
                            Cochecho Country Club (Map N-Lot 15)
                            Childs (Map N-Lot 8A)
                            Ayer (Map N-Lot 18)
                            McManus (Map N-Lot 20)
                            Sehnaoui (Map N-Lot 8) Also Fresh Creek
                            Rollins (Map M-Lot 1)
                            Rollins (Map M-Lot 4) Also Fresh Creek (Map M-Lot 3, Map M-Lot 3A,
                            Map M-Lot 2)
                            Hodgdon (Map M-Lot 2)
                            Merrill (Map M-Lot 96)
                            Rollins (Map M-Lot 98)



              The study proposes a 200 foot set-back for easement depth. The cost of an easement
              program will vary, depending upon the mix of landowner donations of unbuildable
              areas containing steep slopes or wetland soils, with outright purchases of more
              developable land. The report estimates the market value of a buildable waterfront
              acre on the Cochecho River at $100,000 to $150,000.


                     Dover Master Plan Recommendations


              Proposed open space and recreational facilities identified in the City's recent Master
              Plan and located within the study area include:


                            Boat Access - on the City-owned land on the south side of the Cochecho
                            River, across from George's marina.




                                                        75









             Section V                                                    Situation Analysis



                      e  Greenbelt - on south side of Cochecho River from downtown Dover
                         (Henry Law Park and Butterfield Gym) to confluence with Salmon
                         Falls River (and loop beyond to points outside study area).


                      e  Greenbelt - on east and west sides of Fresh Creek from City Line south
                         to Cochecho River.


                      e  Greenbelt - on north side of Cochecho River from Fresh Creek to
                         Salmon Falls River confluence.













































                                                 76









                Section V                                                                Situation Analy@ Lis



                Current and Future Water Use Trends


                Boating


                There is no commercial boating traffic on the Cochecho River. The majority of
                recreational boating traffic is from George's Marina, located on the Cochecho's north
                bank near downtown. Tour boats from Portsmouth travel up the river. Discussions
                with the Harbor Master revealed that the river is not extensively used, and there is
                little transient traffic.


                There are a total of five privately maintained moorings along the tidal Cochecho,
                three private docks, and sixty boat slips at George's Marina. The Harbor Master felt
                the river was underutilized and, with dredging, could accommodate additional boat
                slips and moorings, particularly in the area of the current Sewage Treatment Plant.
                According to participants at the Cochecho River Harbor Management Plan kickoff
                meeting, the opportunity exists for dock and pier development at the lower end of
                the Cochecho as long as development takes place outside of the Federal channel (50-
                75' wide).


                Recreational boat use data specific to the Great Bay area is generally unavailable.
                However, according to the 1988 Portsmouth Harbor Marine Firefighting
                Contingency Plan, boating traffic in Great Bay increased by 35 percent in 1987 and
                similar increases were expected for' 1988.


                Increased public access and improved water quality as well as expanded marina and
                other recreational facilities related to waterfront redevelopment, are likely to
                increase boating traffic on the tidal Cochecho.in the years ahead. While the
                magnitude of these increases is difficult to predict, historical boat registration data is
                an indicator of future recreational boating trends. However, boat registration data
                available for New Hampshire is limited. For example, registration forms do not
                require registrants to indicate the principal body of water in which the boat is used.





                                                            77









               Section V                                                                  Situation Analysis


               Prior to 1989, the U.S. Coast Guard managed boat registrations in tidal waters while
               the state was responsible for inland water boat registrations. From this year forward,
               the state data base will include boat registration data for both inland and tidal waters.
               State maintained computerized data files for 1985, 1987, and 1988 indicate total
               registered boats to be 54,288, 57,465, and 73,630 respectively (inland waters only).
               According to the State, this information does not necessarily include all boat
               registrations. However, it does provide an indication of recent growth trends in
               boat registrations in the state as a whole. For example, this data reflects a 35.6
               percent increase in state-wide inland water boat registrations between 1985 and 1988.


               The U.S. Coast Guard also publishes data on an annual basis for numbered boats on
               federal waters in the state. This data is shown in Table 4 below.


                                                         Table 4
                               Motorboats Used on Federal Waters in New Hampshire
                                                        1981-1987


                                        Year               Total Boats Numbered
                                        1981                        4,432
                                        1982                        6,801
                                        1983                        6,579
                                        1984                        9,242
                                        1985                        9,339
                                        1986                        9,567
                                        1987                        15,214


               Source: Boating Statistics     (1982-1987), U.S.   Department of Transportation, U.S.
                         Coast Guard.


               While the scope of this data is limited to motorboats used on federal waters in the
               state as a whole, it does provide an indication of the increase in boating traffic on
               federal waters over this decade. According to this data, numbered boats increased
               243 percent between 1981 and 1987 and 59 percent between 1986 and 1987.



                                                            78









              Section V                                                            Situation Analysis




              Fishing and Shellfishin


              The Cochecho River does not support any commercial fishing interests. Further,
              the Cochecho does not meet appropriate state water quality standards for
              shellfishing. Thus, shellfish beds within the tidal Cochecho are officially closed to
              shellfishing by the state.


              Recreational fishing survey data, specifically for Cochecho River landings and
              species distribution, is not available. Detailed fish and shellfish inventory data, as
              well as fisheries monitoring and management data, are presented later in this
              report.


              Other Recreational Uses


              With the exception, of boating and fishing, as well as limited skating and
              waterskiing, there are no other documented water dependent or water related
              recreational activities on the Cochecho River.





























                                                        79









             Section V                                                              Situati2jAyahLsis



             Coastal and Marine Resources



             Introduction


             The Cochecho, River and its shoreland areas support a variety of natural resources
             ranging from wetland and scenic areas to fish, wildlife, and rare plants, animals, and
             natural communities. The Cochecho's historic resources are part of the legacy
             shaped by Dover's early shipping, manufacturing, and agricultural industries.


             Protection of the Cochecho's wealth of natural and historic resources, as well as
             improvement of water quality, are high priorities. These resources are inventoried
             and assessed below.



             Wetlands


             Wetland soils, defined as very poorly drained and poorly drained soils, are subject to
             the provisions of the City's overlay Wetland Protection District, described
             previously in detail. Concerns about critical resource protection, especially tidal
             wetlands and the areas adjacent to Fresh Creek, were raised at the Cochecho River
             Harbor Management Plan kickoff meeting. Wetland soils located within the study
             area are inventoried below.


             Wetland soils, consisting of poorly drained and very poorly drained soils, were
             mapped by the City of Dover as part of its 1988 Master Plan. This information,
             mapped at a scale of 1" = 1000', is based on the 1973 Soil Survey of Strafford County,
             Soil Conservation Service.


             Poorly drained and very poorly drained soils identified within the study area are
             listed in Table 5 below and depicted on Map S..Table 6 depicts the total number of
             acres of poorly drained and very poorly drained soils which occur within the study
             area watersheds.








                                                       80













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                Section V                                                                       Situation Analysis



                                                             Table 5
                                                         Wetland Soils
                                                 Cochecho River Study Area


                Ve1y Poorly Drained Soils
                Ta             Tidal marsh
                Be             Biddeford silty clay loam


                Poorly Drained Soils
                ScA            Scantic silt loam, 0 percent to 3 percent slopes
                SCB            Scantic silt loam, 3 percent to 8 percent slopes
                SwB            Swanton fine sandy loam, 3 percent to 8 percent slopes
                Sb             Saugatuck loamy sand


                Source: Soil Survey of Strafford County, USDA Soil Conservation Service, 1973.


                                                             Table 6
                                                         Wetland Soils
                                          Cochecho River Study Area Watersheds


                Major                                                                          Very Poorly
                River                                                  Poorly Drained             Drained
                Basin          Watershed                                 Soils (Acrol          Soils (Acrol
                Cochecho       Lower Cochecho SubBasin #1                      0                     0
                               Lower Cochecho SubBasin #2                     19.0                   0
                               Lower Cochecho SubBasin #3                     95.2                   6.4
                               Middle Cochecho SubBasin #2                    35.2                   5.5
                               Emerson                                        14.5                   0
                               Fresh Creek                                    39.3                   3.2


                               TOTAL                                         203.2                   15.1


                Source: Master Plan, City of Dover, 1988.



                                                                81









              Section V                                                             Situation Analysis





              The very poorly drained soils consist primarily of Tidal marsh located adjacent to
              much of Fresh Creek; along the northern and southern banks of the Cochecho River
              between Fresh Creek and the Cochecho's confluence with the Salmon Falls River;
              and several small areas adjacent to the western edge of the Salmon Falls River.
              Soils classified as Tidal marsh occupy tidal flats that are covered with shallow water
              at high tide. The surface of Tidal marsh is a brown fibrous mat of grass and grass
              roots with sand and silt intermixed. This land type has little or no value for
              farming with the best use being for wetland wildlife habitat. Tidal marsh, a very
              poorly drained soil, is considered part of the City's Wetland Protection District and
              is thus protected per the regulations of that district.


              The majority of the poorly drained soils occur on the south side of the river between
              Lower Narrows and the Cochecho's confluence With the Salmon Falls River; and in
              the vicinity of Emerson Brook. There are only a few areas of poorly drained soils
              within the study area that are actually adjacent to the banks of the Cochecho River.
              All poorly drained soils found within the study area (see Table 2 and Map 5) are also
              defined as part of the City's Wetland Protection District.


              Steep Slopes


              The banks of the tidal Cochecho are characterized, in general, by relatively steep
              slopes (greater than 15 percent) as can be seen on Map 6. The steepest slopes are
              found between Emerson Brook and the Lower Narrows. The gentlest slopes are
              found betweenFresh Creek and the Cochecho's confluence with the Salmon Falls
              River.


              Significant Natural Features


              A land conservation inventory, contained in the 1988 Cochecho River Open         Space
              Plan, highlights a number of significant natural features along the tidal Cochecho.
              These are presented below in Table 7.



                                                        82
















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              Section V                                                            Situation Analysis





                                                    Table 7
                                         Land Conservation Inventory
                                          Cochecho River Study Area
                                      (from South to North by river mile)


              River Mile      Features                         Assets/Issues


                 0.0          Cochecho Point & Three           Large family holdings/scenic
                              Rivers Farm, peninsula           jewel unprotected by Trust


                 1.0          Fresh Creek                      Tidal   inlet   and     freshwater
                                                               access/Critical ecological habitat,
                                                               vulnerable to upriver pollution


                 1.0+         Tidewater Farm                   Prime agricultural soils, Georgian
                                                               home/large unprotected holding


                 1.5          Two Tree Farms


                 1.6          Lower Na  rrows                  Rocky gorge


                 2.2          Emerson Brook


                 2.6          Upper Narrows                    Historic Campin's Rock,   access to
                                                               river from Cochecho, Street


              Source: Cochecho River Open Space Plan, Strafford Regional Planning
                        Commission, June 1988.









                                                       83








              Section V                                                             Situation Analysis



              Rare Plants, Animals, and Natural Communities


              Rare plants, animals, and natural communities known to occur within the
              Cochecho River study area according to the N.H. Natural Heritage Inventory data
              base, are listed in Table 8 and depicted on Map 7. Of particular concern to this study
              is the occurrence of rare plant, animal, and/or natural communities along the
              Cochecho River between Upper Narrows and Emerson Creek (see Map 7).
              According to the N.H. Natural Heritage Inventory's review, alteration of the
              mudflats may result in the disturbance of the rare plants found within the study
              area. This information should be carefully considered in the development of open
              space protection and recreational program planning.


              It should be noted that this information is not the result of comprehensive field
              surveys. For this reason, the N.H. Natural Heritage Inventory cannot provide a
              definitive statement on the presence, absence, or status of species or natural
              communities in the study area. In some cases, the exact locations of these
              occurrences are not known. In other cases, the exact location of these occurrences
              are not mapped due to the sensitive nature of some of the particular plant, animal,
              or natural communities (elements); and it is possible for one mapped site location to
              represent the location for more than one element. More data on this area may
              become available in the future as the inventory expands with ongoing fieldwork
              and research.










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               Section V                                                               Situation Analysis



                                                        Table 8
                        Rare Plants, Animals, and Natural Communities Knovrn to Occur
                                  Within the Tidal Portion of the Cochecho River




               Scientific Name                          Common -Name                      Status
               Eleocharis 12arvula                      Small Spike-rush                    ST
               Isoetes engelmannii                      Engelmann's Quillwort               HL
               Lilaeopai:s chinensis                    Eastern Lilaeopsis                  ST
               Platanthera flava var. heriola           Pale Green Orchis,                  ST
               Samolus 12arviflorus                     False Water Pimpernell              ST
               Sparganium eurycarpum                    Large Bur-reed                      ST


                  ST = State Threatened
                  HL = Hit List (status is being closely monitored with listing as threatened a
                          consideration)


               Source:   New Hampshire Natural Heritage Inventory, 28 December 1989.



               Erosion


               Participants at the Cochecho River Harbor Management Plan kickoff meeting
               indicated that erosion of the banks of the Cochecho is of concern, particularly in the
               area north of the Cochecho Country Club. This is attributed to several factors
               including boat wakes from large and small vessels (tour boats create a heavy wake),
               boat speed, and removal of upland vegetation. However, according to George
               Maglaras of George's Marina, spring ice-out and river velocity appear to be the
               primary causes of erosion and damage to the banks of the Cochecho. In particular,
               he cites that spring ice-out is responsible for damage to the granite walls along the
               north bank of the river near downtown. In addition, he indicates that some erosion
               of the north bank of the river near the public service building has occurred. The
               bank here consists primarily of easily erodible landfilled material. The new City



                                                           85.









              Section V                                                              Situation Analysis


              regulations which require a 100 foot setback and soil erosion and sedimentation
              plans, as well as limit clear cutting, are reportedly sufficient to
              address the land use side of the erosion issue.


              Navigational Conditions


              The Cochecho River has a crooked channel from the Piscataqua River to the head of
              navigation at the dam in downtown Dover. Depth at mean low water in the tidal
              Cochecho River channel varies from a minimum of 3 feet to a maximum of 10 feet
              along its length. In 1968, the controlling depth was 3.5 feet to a point about .5 miles
              below the dam. The channel is privately marked with stakes. It is advised that local
              knowledge be consulted prior to passing up the river through L      ower Narrows and
              Upper Narrows. Depths of 6 feet are reported alongside the float at George's Marina.


              In 1977, the Army Corps of Engineers conducted a hydrographic survey of the
              existing Cochecho River bottom. During 1984/1985 the City of Dover carried out a
              dredging project in the vicinity of the sewer treatment plant outfall and the adjacent
              silted-in channel. Sand, silt, and debris accumulated in this area between 1962 and
              1983. This accumulation reduced the navigational characteristics of the existing
              channel at this bend in the river and created a large plateau, exposed at low tide,
              between the cha   *nnel and the treatment plant. Reportedly, a large portion of this
              accumulation   'was directly attributable to the practice of dumping snow removed
              from the City's streets at a point near the former Washington Street bridge crossing.
              This practice has since been discontinued. However, according to George Maglaras
              of George's Marina, this area will need to be dredged again once the Sewage
              Treatment Plant is relocated. Through a general permit from the Army Corps of
              Engineers, in effect through January 1, 1993, the City has the authority to conduct
              maintenance dredging of the Cochecho River.


              Six overhead power cables, with a minimum clearance of 34 feet, cross the Cochecho
              River near downtown Dover - one near the Department of Public Works facility (34
              feet), one near George's Marina (35 feet), two at the Upper Narrows (34 foot and 47
              foot clearance), and two just east of Upper Narrows (34 foot and 65 foot clearance)



                                                         86










              Section V                                                           Situation AnalyLts


              (see Map 2, Section III). Concerns regarding this issue were raised at the Cochecho
              River Harbor Management Plan kickoff meeting. Participants indicated that there
              are at least four locations where these power line crossings present a hazard to
              navigation and, further, that these should be removed or channeled to one crossing
              that would meet appropriate height standards. The 35 foot powerline near George's
              Marina was recently raised to a reported 50 foot height.


              River Water Oualit-


              State regulations rate surface water quality according to four
              classifications (see Table 9). These classifications range from Class A, the highest
              water quality, to Class D, the lowest quality. (While state regulations provide for
              Class D, no waters in the state are so classified, nor are any currently being
              contemplated for such classification). In the past, the Cochecho River has been
              considered Class C and D due to the discharge of sewage from Farmington and
              Rochester. However, these two communities now have secondary sewage
              treatment plants and the Cochecho's water quality has been upgraded to a Class B
              waterway.


                                                     Table 9
                                   State Surface Water Quality Classifications


              Class A   Potentially acceptable for water supply uses after disinfection. No
                        discharge of sewage, wastes or other polluting substances into waters of
                        this classification. (Quality uniformly excellent.)


              Class B   Acceptable for swimming and other recreation, fish habitat, and after
                        adequate treatment, for use as water supplies. No disposal of sewage or
                        wastes unless adequately treated. (High aesthetic value.)


              Class C   Acceptable for recreational boating, fishing, and industrial water supply
                        with or without treatment, depending on individual requirements. (Third
                        highest quality.)



                                                       87









               Section V                                                            Situation Analysis





               Nonpoint and point pollutant sources can negatively impact water quality.
               Nonpoint sources of water pollution include waste disposal areas, erosion sites, salt
               piles, salted roads, agricultural runoff, urban runoff, pesticides, stormwater
               impoundment sites, snow dumps, surface water impoundments, and subsurface
               disposal concentrations. The 1988 Dover Master Plan contains a list of potential
               non-point pollutant sources in Dover and adjacent municipalities as well as a map
               of their location.


               Within the study area itself, there are at least six outfalls to the Cochecho River.
               One of these, a four foot pipe located just west of George's Marina, collects and
               discharges stormwater runoff from Dover's entire north end, south of Garrison Hill
               and including the east side of Central Avenue. As a result of recent drainage
               improvements to Cochecho Street, all stormwater drains in the Cochecho Street
               area are tied together and discharge at this one outfall. Thus, non-point pollutants
               from urban runoff as well as raw sewage from some homes still tied into these
               collection and outfall systems, are entering the Cochecho.          Each year, the
               Department of Public Works conducts tests in order to identify and remove raw
               sewage sources still connected to the stormwater collection system. If steps are not
               taken to address this pollutant source, water quality will continue to be negatively
               impacted despite relocation of the Sewage Treatment Plant.


               Point sources of pollutants are regulated under the National Pollutant Discharge
               Elimination System (NPDES). A NPDES permit is required for any discharge of
               effluent from a point source into surface waters. Table 10 lists NPDES permits
               issued for discharges to the Cochecho River in Dover as of 1988.










                                                        88









               Section V                                                             Situation AnalyLts



                                                     Table 10
                                                 NPDES Permits
                                           Cochecho River, Dover N.H.
                                                       1988


               Permit No.      Name                  T_ype of Discharge         Receiving Waters

               NE0000060       Clarostat Mnftg           Industrial              Cochecho River
               NHG250139       Harris Graphics           Industrial              Cochecho River
               NHO100064       Treatment Plant           Municipal               Cochecho River
               NH100641        Strafford County          Municipal               Cochecho River
                               Rest Home


               Source:      Master Plan, City of Dover, 1988.



               Fish and Shellfish Resources


               The Cochecho River is part of the Great Bay estuarine system, one of the largest on
               the eastern seaboard. Covering approximately 17 square miles, it is formed by the
               convergence of the Salmon Falls, Cochecho, Bellamy, Oyster, Lamprey, Squamscott,
               and Winnicut Rivers.


               The Cochecho River does not support any commercial fishing interests.
               Recreational fishing survey data, specifically for Cochecho River landings and
               species distribution, is not available.


               In 1980 and 1981, the New Hampshire Fish and Game Department inventoried the
               natural resources of the Great Bay estuarine system. The N.H. Fish and Game
               inventory identified a major clam bed, one of the few within the Great Bay estuary,
               on the Cochecho Rive   r at its confluence with the Salmon Falls River. No other
               shellfish concentrations were identified within the Cochecho River study area.
               Pursuant to NH RSA 149:3-IVb, tidal waters used for growing or taking shellfish for
               human consumption shall satisfy all conditions for Class B waters (NH RSA 149:3-


                                                         89









              Section V                                                             Situation Analysis


              II) and not contain a coliform bacteria count greater than 70 on an MPN (Most
              Probable Number) basis. Because the Cochecho River does not meet this water
              quality standard, this shellfish bed is officially. closed by the state to shellfishing.


              The N.H. Fish and Game inventory also included sampling at numerous locations
              within the Great Bay estuary to determine finfish populations and distribution.
              Almost all 52 species of finfish found in the estuary were identified at the sampling
              locations on Dover's rivers. Some species were more prevalent at certain locations.
              One finfish sampling location was located on the Cochecho River above Fresh
              Creek. The species found to be most prevalent on the Cochecho River were Atlantic
              tomcod, Rainbow smelt, River herring, Common killifish, Smooth flounder, and
              White perch.


              N.H. Fish and Game conducts the following management or monitoring programs
              in the Cochecho River:


                            annually releases 200 to 300 adult Shad;
                            annually releases 100,000 Atlantic Salmon fry;
                            monitors naturally reproducing Alewives; and
                            monitors naturally reproducing Smelt.


              In the spring of 1989, an Atlantic salmon fry stocking program was begun with the
              release of fry into the Cochecho River. The area will be examined in the fall of 1989
              to determine survival of the fry. 190 adult American shad were released into the
              Cochecho River in the spring of 1988 in an effort to produce a fishery with self-
              sustaining runs. While only four shad were observed returning to the Cochecho,
              numbers of returning fish may be greatly underestimated since observations could
              only be done three times daily.


              According to N.H. Fish and Game, the most immediate and increasing threat to the
              survival of downstream migrating juvenile river herring is the turbines of low-
              head hydroelectric generators. The start of a hydroelectric dam in 1983 spared few
              fish in the Cochecho River, according to N.H. Fish and Came. Although a fishway



                                                        90









               Section V                                                             Situation Analy Lis


               was in place, the fish were falsely attracted to the high water flows of the tail race
               rather than the fishway where flows were lower. In the spring of 1988, the number
               of adult returning river herring was estimated at 3,915, based on a series of timed
               counts as they passed through the fishway over the dam in downtown Dover. In
               1989, high spring water levels were diverted to the fishway and more fish were able
               to find it. In this one year, an estimated 18,455 river herring returned to the
               Cochecho, more than were able to spawn than in the total six years prior.


               Historic and Cultural Resources


               Historic structures and sites within the Cochecho river study area are part of the
               legacy shaped by early shipping, manufacturing and agricultural industries along the
               Cochecho. Connected to Portsmouth Harbor and the Atlantic Ocean via the
               Piscataqua River, the Cochecho River's historically significant features provide
               important links to the City's past.


               Historic resources within the study area were mapped by the Dover Historic District
               Commission as part of the City's 1988 Master Plan (see Map Sa and 8b). A number of
               historic resources are depicted on parcels adjacent to the river's northern bank
               between the river and Portland and Cochecho Streets. Moving from downtown
               toward the mouth of the Cochecho River, historic resources identified include:


                            a number of industrialization and civil war period (1820-1870)
                            structures;
                            one significant brick structure (the Public Service building); and
                            one post-revolutionary federal period structure (single family home).


               There are no historic resources adjacent to the south side of the Cochecho within
               the urban core portion of the study area. Historic resources mapped within the
               more rural portion of the study area consist of two significant historic structures
               located adjacent to the Cochecho River's northern bank at the end of Three Rivers
               Farm Road.






                                                         91









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               Section V                                                               Situation Analysis


               Local Population and Development Trends


               Dover is par  t of a regional economy, encompassing the N.H. portion of the
               Portsmouth-Dover-Rochester metropolitan statistical area. This regional economy,
               has been experiencing rapid expansion over the last eight years as evidenced by a 14
               percent increase in population; 10,500 (+16.5 percent) new jobs; and 10,500 (+ 20
               percent) new housing units.

               These regional growth trends are paralleled by the City of Dover. Between 1980 and
               1987, Dover's population grew from 22,377 to 26,100 (+ 16.6 percent); and an
               estimated 3,700 new housing units were constructed. Employment growth within
               the City has been strong as well, with an average of 400 new jobs per year over this
               period.


               According to the City's 1988 Master Plan, future employment growth within the City
               is projected to be strong, with an average of 633 new jobs each year to 1995. Likewise,
               the City's population is projected to increase approximately 21.6 percent to 31,718
               people by 1995; and an additional 14,349 housing units are projected to be built over
               the same period, an increase of 38.3 percent.


               City-wide growth for the 1987-1995 period is projected to translate into the
               consumption of an additional 50 to 70 acres of industrial land, 200 to 260 acres of
               land for office use, 35 to 60 acres of land devoted to retail use, and 950 to 1,450 acres
               to accommodate housing growth. In total, these land uses are expected to consume
               1,235 to 1,840 acres.


               According to the City's 1988 Master Plan, the southeastern quadrant of the City
               (south of the study area and directly south of the Bellamy River) continues to absorb
               the bulk of new housing growth and population as well as the bulk of proposed new
               housing units (this area has the best access to the Spaulding Turnpike).


               Recent population and development trends within the region and City of Dover
               have implications for the future use of land and water along the tidal Cochecho.



                                                          92









               Section V                                                               Situation Analysis


               Dover has devoted substantial resources to revitalizing and redeveloping its Central
               Business District over the last two decades. As a result, the Pacific Mills complex,
               which remained vacant and underutilized for many years, is being renovated and
               occupied for office space. These redevelopment efforts have laid the foundation for
               implementing the City's goal of utilizing the s       ignificant waterfront potential
               represented by the Cochecho River's presence in the downtown area. While the
               City has not yet implemented its waterfront development goals, projected local and
               regional growth trends support the potential for this opportunity.


               To date, little development has occurred within the rural portion of the Cochecho
               River study area to the east of downtown Dover. However, future development of
               this area has implications for both land-based and water-based activities. As already
               indicated, it is projected that the City's southeastern quadrant is likely to experience
               the most significant residential growth over the next six years. However, a 146 unit
               cluster subdivision (duplexes on 76 lots) was recently approved by the City west of
               McKone Lane between Henry Law Avenue and the Cochecho. Subdivision plans
               call for the area adjacent to the river to be preserved as open space. A 9 lot
               subdivision, located directly across the river, was also approved. In addition,
               directly to the east of the 146 unit cluster subdivision, 3 residential lots have been
               approved immediately adjacent to the river.


               City-wide, Dover is projected to experience continued population and housing
               growth. As more accessible areas are developed, pressure to develop land along the
               scenic Cochecho will increase. Future residential development along the banks of
               the rural, relatively undeveloped portion of the Cochecho will impact water-based
               and land-based activities. Specifically, acquisition of land or easements for trails or
               river access will become more expensive and difficult as pressure to develop land
               adjacent to the Cochecho increases; wildlife habitat may be lost; scenic views may be
               negatively impacted for both land-based uses (hiking) and water-based uses
               (boating); and new construction may lead to increased erosion and sedimentation.
               Yet, as the City's population grows, the need for additional recreational facilities
               such as boating access and river-side hiking trails and parks - will increase.




                                                          93









               Section V                                                            Situation Analysis



               Public Facilities


               introduction


               The availability of infrastructure, particularly sewer, water, streets and parking
               facilities, has a number of implications for the future utilization of the Cochecho
               River resource. For example, the availability of infrastr     ucture will affect the
               location, type, and even the quality of future development. Below, is an overview
               of existing infrastructure within the study area as well as proposed improvements as
               identified in the City's 1988 Master Plan and the 1984 Pacific Mills Master Plan.


               Sewer


               Sewer service is provided to the portion of the study area located in the City's
               downtown. Beyond this, sewer service in the study area is limited to an 8 inch line
               on Henry Law Avenue which ends approximately 250 feet east of Tennyson
               Avenue; and an 8 inch line which extends approximately 1000 feet east of Rogers
               Road on Cochecho Street.


               Dover's primary Sewage Treatment Plant, located within the study area at the end of
               River Street on the south bank of the Cochecho River, began operation in 1968. The
               plant provides grit removal, primary sedimentation, and gaseous chlorination of
               wastewater flow. It can treat an average flow of 3.2 million gallons per day and may
               treat a peak of up to 7.7 million gallons per day at a much lower efficiency rate for
               very limited periods of time. Flows larger than 7.7 million gallons per day are
               bypassed directly into the Cochecho River. The average flow to the plant during
               1989 was 2.61 million gallons per day.


               The City has developed plans for a new secondary treatment facility to be located at
               the Huckleberry Hill site off Middle Road. It is anticipated that construction will
               begin in 1989 with the facility in operation by 1992. The average daily flow capacity
               of the new plant will be 4.7 million gallons with a maximum 24 hour flow of 13.8
               million gallons per day and a peak hour flow of 16.8 million gallons per day. The



                                                        94









              Section V                                                             Situation Analysis


              plant was designed to meet sewage flows through the year 2005 based on population
              projections from the N.H. Office of State Planning. Projections were also developed
              to the year 2020 based on the higher rate of growth anticipated by the Dover
              Planning Department.


              The construction of an upgraded sewage treatment facility on a new site is likely to
              result in improved water quality in the Cochecho. Thus, it represents a step towards
              improving fish habitat and recreational fishing and shellfishing opportunities.
              Comments made by participants at the Cochecho River Harbor Management Plan
              kickoff meeting support this contention. Specifically, participants indicated that
              pollution currently released by the Sewage Treatment Plant is killing off tideland
              vegetation which provides for wildlife habitat and shoreline erosion protection;
              once the plant is closed this vegetation is likely to return.


              Relocation of the plant, (along with the Department of Public Works facility) will
              also make this site available for future water dependent and water-related uses such
              as a marina, boat access, and recreational facilities. Such improvements are likely to
              have a positive effect on property values in the area as well as creating a more
              aesthetically desirable landscape from both a water use and land use perspective.


              The increased capacity of the new sewage treatment plant will enable the City to
              support increased residential and non-residential growth. The City does not
              currently have plans to expand sewer service in the study area. However, portions
              of the rural Cochecho study area, such as the new 146-lot duplex subdivision near
              McKone Lane, are already sewered.


              Generally speaking, future sewer service expansion into the rural portion of the
              Cochecho study area would be likely to intensify the pressure to develop areas
              adjacent to the tidal Cochecho. Associated increases in property values in proximity
              to new sewer lines would further hasten new development. Careful management
              and regulation of new development along the Cochecho will be required in order to
              minimize negative impacts to the river such as the loss of wildlife habitat, scenic




                                                        95









              Section V                                                              Situation Analysis


              views and open spaces, and increased erosion and runoff caused by site
              development and the associated disturbance of land and removal of ground cover.


              Overboard Discharge from Pleasure Boats


              By federal law, boaters are only allowed to discharge on board wastes at sea. There is
              no data available regarding the frequency with which overboard discharges from
              pleasure boats take place in the Cochecho River. Nor is there any data concerning
              the water quality impacts of those discharges. However, there is currently no pump-
              out facility to serve pleasure boats using the Cochecho River. In fact, the closest
              facility is located at the Wentworth Marina in New Castle. The U.S. Coast Guard is
              the only agency with enforcement authority regarding overboard discharges and the
              agency's limited resources make enforcement of overboard discharge regulations a
              relatively low priority.


              Assuming that boaters would utilize a conveniently located pump-out facility, it
              may ultimately be cost effective to provide such a facility at or near the present
              manna on the Cochecho. The convenience and relative affordability of such a
              facility are important factors due to the lack of adequate enforcement regarding
              overboard discharge violations. The need for such a facility would be further
              highlighted if existing marina facilities are expanded and the number of recreational
              boaters increases.


              Participants at the Cochecho River Harbor Management Plan kickoff meeting
              indicated that even with the relocation of the Sewage Treatment Plant downstream,
              water quality could still be a problem if boaters continue the practice of overboard
              discharge. However, while overboard discharges may be negatively impacting water
              quality, upstream discharges to the river permitted under NPDES, as well as non-
              point pollutant sources such as stormwater runoff, may have a more significant
              impact.







                                                        96









              Section V                                                             Situatjq@@@



              Water


              Municipal water service is provided to the City's downtown area. Service beyond
              downtown to the study area is limited to a 6 inch line on Cochecho Street which
              ends approximately 1,000 feet from Cochecho Street's intersection with Gulf Road; a
              6 inch line on Gulf Road which ends at Country Club Estates Drive; a combination
              of 6 inch, 4 inch, and 12 inch mains on Henry Law Avenue which run from
              downtown Dover to McKone Lane; and a 16 inch line which runs the length of
              Middle Road.


              The City's seven wells provide a total safe yield of 3,506,400 gallons per minute and
              a maximum yield of 4,536,000 gallons per minute. During 1988, average
              consumption was 2,561,958 gallons per day; maximum consumption was 3,763,000
              gallons per day.


              Water demand projections indicate that the existing maximum safe yield of
              3,506,400 gallons daily, and maximum yield of 4,563,000, will barely be adequate to
              supply the City through the year 1995. The current available resources are not
              adequate to meet the City's projected need for the year 2000 of 3,543,632 gallons of
              daily safe yield capacity and a potential maximum demand capacity of 4,890,212
              gallons daily. The City is in the process of researching additional water supply

              sources.


              The availability of adequate water supplies will play a role in the development of
              Dover's downtown waterfront. While redevelopment efforts will likely focus on
              retail, office, and residential development rather than water intensive industries,
              new development will need to be supported by an adequate water supply.


              The future availability of municipal water also has implications for the rural
              portion of the study area. At present, the City does not have plans to expand the
              water distribution system to areas adjacent to the rural Cochecho. However, should
              the City extend service to this area in the future, more intensive residential
              development would be likely to occur.



                                                       97









              Section V                                                                 Situation Analysis




              Parking


              According to the Pacific Mills Master Plan, the total number of parking spaces
              available for Dover's Central Business District is inadequate. Further, the study
              indicates that intensification of use or redevelopment of vacant parcels will only
              worsen the problem. The plan highlighted a number of recommendations for
              parking improvements, including:


                         0  engineering feasibility study to be undertaken for future construction
                            of parking deck over First Street parking lot (Pacific Mills Master Plan
                            Recommendation #1) (completed);


                         *  increase parking by providing angle parking on First Street - increase by
                            35 spaces (Pacific Mills Master Plan Recommendation #2) (completed);


                            evaluate need for future parking structure on Strafford Bank parking
                            lot (Pacific Mills Master Plan Recommendation #5);


                            remove steam plant; construct parking garage for 400 cars (Pacific Mills
                            Master Plan Recommendation #7) (not completed);


                            construct 80 car parking lot (study.parking deck feasibility) (Pacific Mills
                            Master Plan Recommendation #9) (not completed); and


                            parking to support waterfront use (in the triangle between Portland
                            Street and Portland Avenue) (Pacific Mills Master Plan
                            Recommendation #13) (not completed).


              This last recommendation is of particular interest. According to the Pacific Mills
              Master Plan, because of the limited land area of most of the waterfront parcels,
              parking is a problem. Further, an opportunity exists to address this problem, in part,
              by developing a 50 car public parking area on the City-owned parcel of land which



                                                          98









              Section V                                                             Situation Analysis


              lies between Portland Street and Portland Avenue. The plan points out that while
              its location is not ideal because of its distance from the waterfront and the need to
              cross a major street, it would help to support waterfront uses which could not
              provide the desired number of on-site parking spaces.


              While some of the recommendations cited above have been implemented, thus
              creating additional parking facilities in Dover's Central Business District, parking
              facilities are still inadequate. As indicated in the Pacific Mills Master Plan, future
              parking needs are dependent upon how intensively this land is developed, with
              more intensive development requiring higher parking demand. The availability of
              adequate parking is critical to the development and revitalization of the Cochecho
              Waterfront District in the City's downtown area.


              Streets


              There are few roads that provide direct access to the Cochecho River within the
              rural, relatively undeveloped portion of the study area - Gulf Road, to the river's
              north, and Back Road, to its south, parallel the tidal Cochecho. McKone Lane, near
              the Lower Narrows, and Three Rivers Farm Road, which parallels Fresh Creek, are
              the only roads which cut in toward the Cochecho from these roads. As a result, very
              little development has taken place in the area which lies between Gulf Road and the
              river and Back Road and the river. A corridor approximately 2,000 feet in width on
              either side of the Cochecho, remains relatively undeveloped.


              As already indicated, much of the rural portion of the study area is held by large
              landowners. However, the intrusion of subdivision roads into this relatively
              undeveloped area remains a distinct possibility as evidenced by the recently
              approved 146 lot and 3 lot subdivisions west of McKone Lane and the 9 lot
              subdivision just east of the Public Service building. In addition to precluding
              development of this area, the lack of an existing road network has also limited
              public access to the Cochecho.





                                                        99









              Section V                                                           Situation Analy


              Improving access to the downtown portion of the study area will play an important
              role in developing the Cochecho waterfront for residential, non-residential, and
              recreational uses. Participants at the Cochecho River Harbor Management Plan
              kickoff meeting raised this issue, indicating that infrastructure improvements, such
              as the widening of Cochecho Street, would attract more use of the river. The Pacific
              Mills Master Plan highlighted a number of street improvement recommendations,
              including:


                        *  reconstruct School and Mechanic Streets (Pacific Mills Master Plan
                           Recommendation #12) (completed);


                        o  reconstruct Cochecho/Portland Street intersection (Pacific Mills Master
                           Plan Recommendation #14) (not completed);


                        o  reconstruct Cochecho Street including drainage improvements (Pacific
                           Mills Master Plan Recommendation #16) (drainage improvements
                           completed; street will be reconstructed in 1990);


                        9  reconstruct Portland Street from Main Street to School Street (Pacific
                           Mills Master Plan Recommendation #20) (not completed); and


                        0  construct new Washington Street Bridge across Cochecho
                           River/improve approaches (Pacific Mills Master Plan
                           Recommendation #21) (not completed).














                                                      100









             Section V                                                         Situation Analysis



                                                References




             A New Age, N.H. Fish and Game Department Biennial Report, July 1, 1987 - June 30,
             1989.


             Boating Statistics, U.S. Department of Transportation, U.S. Coast Guard, 1982-1987.


             Cochecho River Harbor Management Plan Kickoff Meeting (Site Visit), 10 October
             1989.


             Cochecho River Harbor Management Plan Workshop, 13 November 1989.


             Cochecho River Open Space Plan, Strafford Regional Planning Commission, 1973.


             Great Bay Estuary Monitoring Survey, 1981-1982, N.H. Fish and Game Department
             in cooperation with the N.H. Office of State Planning, November 1982.


             Inventory of the Natural Resources of Great Bay Estuarine System, Volumes I and
             11, N.H. Fish and Game Department in cooperation with the N.H. Office of State
             Planning, December 1981.


             Land Acquisition and Protection Study, City of Dover, N.H. for Dover Planning
             Department, Ashton R. Hallett, 1989.


             Master Plan, City of Dover, 1988.


             New Hampshire Department of Safety, computerized boat registration files.


             New Hampshire Natural Heritage Inventory, 28 December 1989.


             New Hampshire Port Authority, aerial photography, 1989 overflight.




                                                    101









             Section V                                                         Situation Analysis


             New Hampshire Revised Statutes Annotated 149:3, Standards for Classification -of
             Surface Waters of the State.


             National Oceanic and Atmospheric Administration chart - Portsmouth to Dover
             and Exeter, U.S. Department of Commerce, National Oceanic and Atmospheric
             Administration, National Ocean Service, Washington, D.C.


             Pacific Mills Master Plan, Dover, N.H., Rist-Frost Associates, Applied Economic
             Research, and The Halvorson Company, November 1984.


             Personal communication with Peter Bouchard, Director, Department of Public
             Works.


             Personal communication with Mitchell Call, N.H. Department of Safety.


             Personal communication with Donald Chesebrough, Department of Environmental
             Services.


             Personal communication with Ernest Connor, Director, New Hampshire Port
             Authority.


             Personal communication with Ashton Hallett, Dover resident and author of Land
             Acquisition and Protection Study, City of Dover, N.H. for Dover Planning
             Department, 1989.


             Personal communication with George Maglaras, George's Marina.


             Personal communication with John Nelson, Division Chief, Marine Fisheries
             Division, N.H. Fish and Came Department.


             Personal communication with Steve Stancel, Planner, City of Dover, N.H.





                                                    102









              Section V                                                         Situation Analysis


              Personal communication with Thomas Orfe, Chief Harbor Master, New Hampshire
              Port Authority.


              Portsmouth Harbor Marine Firefighting Contingency Plan Needs Assessment and
              Recommendations Report, Prepared by Maritech for the N.H. Port Authority in
              conjunction with the N.H. Office of State Planning.


              Soil Survey of Strafford County, U.S. Department of Agriculture, Soil Conservation
              Service, 1973.


              The Cochecho River Management Plan, Strafford Regional Planning Commission,
              February 1984.


              U.S. Coast Pilot, Atlantic Coast: Eastport to Cape Cod, 25th edition, U.S. Department
              of Commerce, National Oceanic and Atmospheric Administration, National Ocean
              Service, Washington, D.C., 1989.


              U.S. Geological Survey topographic map.


              Zoning, Chapter 170, From the Code of the City of Dover.


















                                                     103



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                                                 Section VI
                                       Uniform Aids to Navigation



                                             Table of Contents


                                                                                    EM
             Introduction                                                            105


             Rationale for Aids to Navigation                                        105


             U.S. Coast Guard and State Agreements                                   106


             Existing Aids to Navigation Systems                                     107


             Summary                                                                 109


             Recommendations                                                         110


             References                                                              112






                                                   Maps


                                                                                Follows Page
             Map 9      Aids to Navigation                                           107
             Map 10     Existing Aids to Navigation, Cochecho River                  107









                                                    104










                                                    Section VI
                                          Uniform Aids to Navigation



              Introduction


              A variety of official and unofficial navigational aids currently guide mariners
              through New Hampshire's major tidal waters. In some areas, there are no
              navigational aids. Under a separate contract, the firm Holden Engineering is
              completing a statewide study to assess the physical conditions of tidal channels and
              related natural resources, and to develop a series of navigation markers, in order to
              provide free and easy access, and to allow for the safe movement of vessels. While
              the navigational mapping project will identify site specific locations for navigational
              aids, this section provides an overview of the desirability of creating a uniform
              navigational aids system for New Hampshire's major tidal waters.


              Rationale for Aids to Navigation


              It is the purpose of an aid to navigation to provide mariners with a means to
              determine their position relative to land features and isolated or submerged
              features, and to assist them in following natural and improved channels. In Marine
              Aids to Navigation Selection and Design, the United States Coast Guard indicates
              that each navigational aid should:


                         9 be justified in terms of public benefit to be derived;


                         * provide a uniform, simple method of identification and distinction of
                            one aid from another;


                         0 be reliable; and


                         9 be passive (is only informative, and does not require an action).


              Further, the report states that an aid to navigation is only a "tool" of the mariner, as
              the name "aid" implies. The aids, and precautionary notes pertaining to them,


                                                         105








              Section VI                                                    Uniform Aids to Navigation


              make certain valuable information available to the mariner. The interpretation and
              use of the information are left to the discretion of the mariner. An aid to
              navigation by itself does not provide a mariner with all the information she/he
              needs. Proper use of a system of aids to navigation requires that the mariner seek
              additional information about the aid as well as its location and purpose by
              consulting up-to-date charts and sources such as the Notice-to-Mariners.


              U.S. Coast Guard and State Agreements


              The United States Coast Guard (USCG) places, operates and maintains some 44,000
              aids to navigation nation-wide and is the sole provider of navigational aids in most
              states. However, there are some states, most notably Wisconsin, New York,
              California and Maine, which have signed state agreements with the USCG enabling
              them to place and maintain their own aids to navigation. State aids to navigation
              systems must be reviewed by the USCG and conform with the United States
              navigational system before a state agreement is signed. In addition, some cities and
              towns have also entered into agreements with the USCG to place aids. For example,
              the Town of Chatham, Massachusetts maintains approximately sixty aids, while a
              coastal town in New York state maintains roughly three hundred.


              The USCG will, in some special cases, enter into an agreement with a private party
              to place and maintain navigational aids. This is the case on the Cochecho River
              where George Maglaras of George's Marina has a private permit from the USCG to
              place and maintain aids on the Cochecho River.


              Although the USCG "allows" placement of aids by second parties through a permit
              system, the USCG never fully relinquishes its statutory authority over all aids. This
              means that the USCG has the authority to rescind or modify any agreement at any
              time.


              Alterations to navigational aids systems must be mapped on a navigational chart
              and published in the Federal Register. Any time an aid is to be changed or altered
              the USCG must be informed in writing, 30 days in advance.



                                                        106









              Section VI                                                   Uniform Aids to Navigation



              Existing Aids to Navigation Systems


              There are approximately 160 aids to navigation in the six rivers and two bays that
              comprise the tributaries of the Piscataqua River and Great Bay (see Map 9). Twenty-
              three of these are placed and actively maintained by the USCG.


              Cochecho River


              In the Cochecho River, George Maglaras of George's Marina, is permitted by the
              USCG to place and maintain aids to navigation. The Cochecho supports
              approximately thirty-two aids to navigation. The design of the aids are unique to
              the river and do not follow any standard design. The locations of these aids are
              depicted on Map 10.


              Great Bay and Little Bay


              There are approximately ten to fifteen "unofficial" markers and six officially
              permitted aids in Great Bay and Little Bay. Four of the officially permitted aids are
              located near Fox Point, while two are in Great Bay.


              At low tide, some sections of the channel are only five feet deep. However, vessels
              up to forty feet in length maneuver within the channel. Thus, these aids provide a
              very important guide to vessels.


              Piscataqua River


              The USCG places and maintains the aids to navigation in the Piscataqua River from
              its mouth upstream to a point past the entrance of the Sturgeon Creek tributary.
              Under a private permit from the USCG, George Maglaras of George's Marina in
              Dover maintains three additional aids between the Sturgeon Creek (Eliot, Maine)
              tributary and the Cochecho River.





                                                       107










                                                              Salmon Falls
                             Cochecho River                   River

                                       Dover


                            Bellamy River
                                                                        MAINE



                      Durham*

             Oyster River

                                                               X.-
                                                                      Piscataqua River






                                                                                       .... .... ..

                 Lamprey                                 reat Bay
                 River                                               Portsmout





                                                        NEW HAMPSHIRE                  .......... ..
                              Squamscott                                               ........
                              River




                                                                                 ...... ....   .........


                                                                                                -X


                                                                                          X


                                                        No Aids to Navigation
          Map 9                                         Aids to Navigation Placed by-.US Coast Guard
                                                        Private Aids Placed by US Coast Guard Permit
          Aids to Navigation                       M Unofficial Aids to Navigation (no permit)







                                                          %




                   NEW HAMPSHIRE                     led,

                      OVE R


                                                      Fresh
                                                      Creek





                                                   Lower              Cochecho Riv
                                                   Narrows









           pper
          Narrows









             Section VI                                                   Uniform Aids to Navigation



             Salmon Falls River


             There are no aids to navigation on the Salmon Falls River. The majority of this
             river is under the State of Maine's jurisdiction.


             Bellamy River


             There are no aids to navigation located on the Bellamy River. The majority of river
             users are small, shallow draft sailcraft such as sunfish and wind surfers, which do
             not necessarily require navigational aids.


             Oyster River


             There are no aids to navigation on the Oyster River. The river supports no marinas
             or commercial facilities, however there is a small public wharf located in Durham.


             Lamprey River


             Currently, the Lamprey River supports some unofficial navigational aids. The 1989
             Lamprey River Harbor Management Plan proposed that 28 navigational aids be
             placed on the River.


             Squamscott River


             There are no aids to navigation on the Squamscott River nor are there any marinas
             or commercial boating facilities. A railroad bridge near the mouth of the river acts
             to restrict the free flow of traffic into or out of the river.














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             Section W                                                 Uniform Aids to Navigation


              Summary


             Below is a summary of key findings:


                      0 Aids to navigation are important to the mariner for navigation and
                         safety.


                      9  Any system of navigational aids should be uniform in nature.


                      0  A uniform aids to navigation system would provide for safer
                         navigation on New Hampshire's major tidal waters for both recreation
                         and commerce.


                      0  Agencies or individuals responsible for the placement of aids should
                         have the proper resources and staff available to place and maintain
                         navigational aids on an annual basis, as the reliability of the aids
                         system is essential.


                      *  Aids to navigation are needed throughout the navigable waters of the
                         state.


                      0  The USCG places aids to navigation in only certain portions of New
                         Hampshire's navigable waters.


                      0  The USCG does not place or maintain any aids in the state's smaller
                         tidal rivers.
















                                                    109









              Sedion VI                                                      Uniform Aids to Navigation



              Recommendations


              The following recommendations are proposed for the tidal waters of New
              Hampshire:


                            A system of navigational aids should be designed and installed within
                            the navigable waters of the State of New Hampshire. The system of
                            aids should be uniform in nature and, to the greatest extent possible, be
                            of a design similar to existing federal navigational aids.


                            Uniform aids to navigation are needed in the following locations:


                               *  Along the coastal waters of the state;
                               9  within Portsmouth Harbor;
                               *  Along the Piscataqua River north to its limits with the Salmon
                                  Falls River;
                                  The full length of the tidal Cochecho River;
                                  Portions of Great Bay; and
                                  Along the length of the tidal Lamprey River.


                            Navigational aids are not required for the Bellamy River, the Oyster
                            River, or the Squamscott River at this point in time.


                            The N.H. Port Authority should coordinate efforts with the U.S. Coast
                            Guard; and take steps to sign a State Agreement with the U.S. Coast
                            Guard to enable the N.H. Port Authority to place, operate, and
                            maintain the needed aids to navigation within the navigable waters of
                            the State of New Hampshire.


                            Navigational aids need to be mapped and their locations published in
                            the Federal Register, announced in the "Local Notice-to-Mariners," and
                            mapped on the official federal National Ocean Service Nautical Charts.




                                                        110









             Section VI                                                   Uniform Aids to Navigation


                       * The funds to place and maintain these aids should be raised through
                          registration and/or boating use fees.


                       e The N.H. Port Authority should increase its staffing of Harbormasters
                          in order to assist in the placement, operation, and maintenance of aids
                          to navigation.









             Section V1                                               Uniform Aids to Navj&ation



                                                Ref erences




             Guidebook to the Economics of Waterfront Planning and Water Dependent Uses,
             Prepared for the New England/New York Coastal Zone Task Force, By the Marine
             Law Institute, December, 1988.


             Laws Relating to Navigation. Massachusetts Sea Grant Publication No. MASGC-T-
             74-010,1974.


             Managing the Shoreline for Water Dependent Uses - A Handbook of Legal Tools,
             Prepared for the New England/New York Coastal Zone Task Force,    By the Marine
             Law Institute, December, 1988.


             Marine Aids to Navigation - Selection and Design, Prepared by Commander Charles
             L. Clark, USCG, 13th Coast Guard District.


             Personal communication with Jeffery Beach, Coastal Resource Specialist, New York
             Department of State Division of Coastal Resources and Waterfront Revitalization.


             Personal communication with Ernest Connor, Executive Director, New Hampshire
             State Port Authority.


             Personnel communication with Elliot Freedman, Director Of Development,
             Massachusetts Port Authority.


             Personal communication with Larry McCavitt, Deputy Director, Massachusetts
             Coastal Zone Management Program.


             Personal communication with Dan Rothenberg, Senior Environmental Analyst,
             Connecticut Coastal Zone Management Program.


             Personal communication with William Smith, U.S. Coast Guard.



                                                    112



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                                                  Section V11
                                    Leasing of Submerged Tidal Lands




                                               Table of Contents


                                                                                        EW,e
             Introduction                                                               114


             Leasing of Submerged Tidal Lands in Maine                                  116
                    Recent Policy Studies                                               116
                    Current Policy                                                      117
                    Rational for Leasing Fees                                           118


             Leasing of Submerged Lands in Othe   r States                              120
                    Leasing Fee Systems                                                 120
                    Lease Fee Revenues                                                  121
                    Rationale for Leasing Fees                                          123


             Potential Impacts of a Submerged Lands Leasing Policy on New
                 Hampshire's Commercial Fishing Industry                                124


             Conclusion                                                                 128


             References                                                                 130





                                                  Appendices



             Appendix A Land Valuation Methods
             Appendix B Survey of State Submerged Lands Leasing Policies, 5th Annual
                            Submerged   Lands Conference


                                                       113











                                                   Section VII
                                      Leasing of Submerged Tidal Lands



              Introduction


              Receipt of compensation by coastal states for tidal and submerged lands is a well
              established practice. Common law principles underlying public interests in tidal
              water resources date to the Magna Carta and were well established in early English
              and Colonial law.


              States which currently have submerged land leasing systems include:


                           9 Alaska                             * Michigan
                           9   Alabama                          *  Minnesota
                           e   California                       0  Mississippi
                           *   Delaware                         *  New Jersey
                           0   Florida                          *  North Carolina
                           9   Georgia                          9  Oregon
                           *   Hawaii                           9  Pennsylvania
                           *   New York                         9  Texas
                           e   Idaho                            *  Virginia
                           *   Illinois                         e  Washington
                           *   Louisiana

                           9   Maine
                           0   Massachusetts


              British Columbia, Ontario, Quebec, and Saskatchewan have submerged lands
              leasing systems as well.









                                                        114









             Section VH                                              LeasiU of SubmMed Tidal Lands


             The State of New Hampshire does not currently have a submerged lands leasing
             policy! In 1989, the legislature passed House Bill 693-FN which directs the N.H.
             Office of State Planning to conduct a study to determine criteria and policy for
             leasing of submerged lands. The areas the study is to address include:


                       0 adequacy of lease fee schedules to yield a fair rate of return for the state
                          for the private use of submerged tidal lands; and


                       0  impact of leasing policies on commercial and recreational user access.


             Issues similar to these, including current policies and key issues in the State of
             Maine, the rationale for leasing fees in other states, and the potential impacts of
             leasing policies on New Hampshire's commercial fishing industry, are considered
             below as part of the Cochecho River Harbor Management Plan.
























                Commercial aquaculture activities, however, must obtain a license from N.H. Fish and Game and
                pay a non-dnal application fee pursuant to N.H. RSA 211:62-e.



                                                     115









               Section V11                                                Leasin of SubmMed Tidal Lands


               Leasing of Submerged Lands in Maine


               Recent Poligy Studies


               New Hampshire's current initiative to analyze submerged land issues closely
               parallels recent, similar efforts in Maine. Thus, the following discussion focuses on
               Maine's Submerged Lands Act and the findings of Maine's Submerged Lands Study
               (January 1989).


               In Maine, the Bureau of Public Lands, Department of Conservation is responsible
               for submerged land leases and easements and protecting public access and public
               trust rights on submerged lands. This authority is granted under the 1975
               Submerged Lands Act (Title 12 Maine RSA Section 558).


               Recent growth in demand for submerged lands due to increased coastal
               development prompted the legislature to consider amendments to this legislation.
               In 1988, the Maine legislature directed the Bureau of Public Lands, Department of
               Conservation to study a number of issues related to the leasing   of submerged lands,
               including:


                         *  the adequacy of current lease fee schedules to yield a fair rate of return
                            for the State for the private use of submerged state lands;


                         0  the impact of current leasing policies on public access to the waters of
                            the State, including access by commercial and recreational users; and


                         *  the impact of current leasing policies on the commercial fishing
                            industry, including the shore-based services and facilities on which the
                            industry depends.








                                                         116









               Section VII                                               Leasin of Submy
                                                                                        ged Tidal Lands


               The key findings of Maine's Submerged Lands Study (January 1989) included: ,


                         * Current lease fees do not return fair market value to the State, nor are
                            they adequate to cover the cost of a submerged lands management
                            program.


                         0  Public access and other public benefits such as fish piers, boat ramps,
                            and other facilities that are in keeping with the doctrine of public trust
                            should be required as conditions of submerged land leases. In the
                            future, funds generated by the program may exceed program needs and
                            may then be used to provide additional compensatory public benefits.


                            The commercial fishing industry can be adversely affected by some
                            types of coastal development and competing uses. New policies and
                            statutory authority to deny leases are needed to ensure continued
                            protection for the fishing industry and its supporting infrastructure.


               These findings served as the basis for 1989 amendments to Maine's Submerged
               Lands Act. Maine's current submerged lands leasing policy is described below.


               Current Pg!Lcy


               Under Maine's recen  tly amended Submerged Lands Act, the state has the authority
               to lease the right to dredge, fill or erect permanent causeways, bridges, marinas,
               wharves, docks, pilings, moorings or other permanent structures on submerged and
               intertidal land owned by the state.


               According to the legislation, the definition of "submerged land" includes:


                            "All land from the mean low-water mark or a maximum of 1,650 feet
                            seaward of the mean high-water mark, whichever is closer to the mean
                            high-water mark, out to the seaward boundary of coastal waters as
                            defined in section 6001;



                                                         117









              Section VH                                                 LeasiM of SubmMed Tidal Lands




                            All land below the mean low-water mark of tidal rivers upstream to
                            the farthest natural reaches of the tides;"


              An administrative fee of $100 is charged for each lease. In addition, a rental fee
              (minimum charge, $75), based on the fair market rental value of the land, is
              charged. The fair market rental value is considered to be the municipally assessed
              value per square foot for the adjacent upland multiplied by a reduction factor based
              on the use of the leased submerged land. The following reduction factors are
              applied:


                            0%, or no rental fee, for nonprofit organizations or publicly owned
                            facilities that offer free public use or public use with nominal user fees
                            (includes public access facilities and utilities, town wharves, walkways,
                            fishing piers, boat launches, parks, nature reserves, swimming or
                            skating areas);


                            1% for commercial fishing uses of renewable aquatic resources
                            (includes fish piers, lobster impoundments, fish processing facilities,
                            berthing for fishing boats, and floats or piers for the storage of gear);


                         0  2% for water dependent commerce, industry, and private uses; and


                        e   10% for upland uses and fill.


              In those  cases where it is determined that the municipally assessed value of the
              adjacent  upland is not an accurate indicator of the value of submerged land, an
              appraisal may be required.


              Rationale for Leasing Fees


              According to Maine's Submerged Lands Program Rules and Policies Manual
              (Effective Date: March 15, 1986), coordinated management of Maine's submerged



                                                         118









              Section VII                                              Leas!@qg of SubmMed Tidal Lands


              lands is necessary to resolve the increasing number of conflicts that may arise
              between development and preservation of environmental quality, resource
              conservation and public rights to use these resources. Thus, the apparent rationale
              for Maine's Submerged Lands program is to address these issues rather than
              produce revenues or provide services.


              The fee structure for leased lands was one of the key public policy issues considered
              in Maine's Submerged Lands Study. According to the study, lease fees should
              return fair market value to the state and be adequate to cover program costs.


              As already indicated, Maine charges an administrative fee of $100 for each lease and
              a rental fee (minimum charge, $75) based on the fair market value of the land. Fair
              market value is calculated based on the municipally assessed value per square foot
              for the adjacent upland multiplied by a reduction factor based on the use of the
              leased submerged land.


              According to Maine's Submerged Lands Study, rental fees for submerged lands in
              Maine should be administratively and economically efficient and provide
              compensation to the public for private use of submerged lands; and lease fees must
              provide, at a minimum, adequate revenue to cover the cost of administering the
              submerged lands program.


















                                                       119









              Section V11                                               Leasing of Submy
                                                                                       ged Tidal Lands


              Leasing of Submerged Lands in Other States


              Leasing Fee Systems


              According to a study prepared for the Oregon Division of State Lands by Pacifica
              Economica, Inc., pricing the use of submerged and submersible lands is one of the
              more controversial topics in the debate of the broader issue. A variety of fee systems
              are used in other states for leasing submerged lands, including flat rates per square
              yard and lump sum or annual rates. For example, in Texas, the submerged land rate
              schedule, revised in 1987, bases commercial lease fees on both the value of the
              proposed use and the appraised value of adjacent upland property. New Jersey uses
              the appraisal method. In Louisiana, rates for most uses are determined by
              competitive bid.


              In addition to variations in fee systems from state to state, fee structures often vary
              within states based upon type of use. For example, Oregon uses four types of
              waterland leases to distinguish lessees:


                         9  Upland related commercial and industrial (includes workboats, barge
                            moorages, drydocks, fish canneries, and receiving stations); rates are
                            equal to 6% of the appraised value of the adjoining upland.


                         9  Public and private moorages and marinas; the rate for the first acre is
                            $400 and $240 for each additional acre.


                         *  Log rates; annual rates per acre average $125.


                         *  Other; $200 for the first acre and $120 for each additional acre.











                                                         120







              Section Vil                                                    Leasing of SubmMed Tidal Lands



              In California:


                         * Public uses pay a $25 filing fee and a $450 processing fee.


                         *   A permit for residential, recreational pier permits cost $70 and is good
                             for ten years.


                         *   Leases for commercial uses are based either on an appraisal value or a
                             percent of gross revenue. Marinas are the most common commercial
                             use, followed by restaurants.


                         *   Industrial lease rates are based on appraised value.


              A survey of state submerged land policies was conducted as part of the 5th Annual
              Submerged Lands Conference (1986). While the results of this survey are somewhat
              out-of-date, they are included for reference in Appendix A.


              States also employ a wide variety of land valuation methods. Appendix B provides
              brief descriptions of a number of these methods.


              Lease Fee Revenues


              Assessing the issues of equity and efficiency are key to developing and
              implementing a lease fee system. For example, the adequacy of lease fee schedules
              to yield a fair rate of return was one issue the Maine legislature directed its Bureau
              of Public Lands to assess. Likewise, the State of Oregon recently conducted a study to
              determine if its leases were equitable to the lessees and economically and
              administratively efficient. In its study, Oregon defined equity as meaning that users
              of like waterlands pay like rents (horizontal equity) and users of unlike waterlands;
              pay unlike rents (vertical equity). Economic efficiency meant that rents charged
              should equal what a competitive private market would charge. Administrative
              efficiency meant that the costs of determining lease rates and collecting the rents
              should be minimized.




                                                           121









                Section VU                                                        LeasiU of SubmeMed Tidal Lands




                At present, Maine's Submerged Lands Program has not yet generated any surplus
                revenues; revenues from fees are used for administrative costs only. However, as
                already indicated, future surplus revenue may be used to provide public benefits
                that are in keeping with public trust doctrine such as access acquisition, fish piers,
                and public boat launching facilities.


                In some states, revenue from submerged land leases is used for public education,
                boating facilities, public walkways, and access trails as well as for submerged lands
                program management. For example, in Oregon submerged and submersible lands
                under navigable waterways and shorelands are managed as assets of the Common
                School Fund. The revenues from leasing these waterlands go into the Common
                School Fund which is used to fund public education. Louisiana, with 4.3 million
                acres of navigable water bottoms, depends on leases of state owned lands and
                mineral rights to fund most of, its government services.


                An exhaustive survey of      state submerged land leasing systems was beyond the scope
                of this study. However, according to Stephen Oliveri, a Resource Adn-dnistrator in
                Maine's Submerged Lands Program, Texas and California generate the most
                revenue of all states from the leasing of submerged lands." In Texas, holdings
                include approximately 4 million acres of submerged land in bays, tidally influenced
                rivers, and the Gulf of Mexico. State ownership in the coastal area extends seaward
                from the line of mean high tide to 10.3 miles in the Gulf of Mexico. Leases,
                easements, and permits are issued for noncommercial piers and docks, pipelines
                and utility lines, offshore platforms, shoreline stabilization projects, channel
                dredging, the use of state-owned fishing cabins, and management of natural areas
                for recreation, education, research, and preserves. According to an informal,
                unpublished survey conducted by Connecticut's Coastal Program, New Jersey is also
                one of the few states which generates surplus revenues from submerged land leases.

                   Vihile Maine's publicly-owned submerged lands begin at the low water mark, most other coastal
                   states define their publicly-owned submerged land by the high water mark. States which utilize
                   the high water mark definition have jurisdiction over a significantly greater portion of their
                   coastal lands. While these states may have less coastline than Maine, they tend to have larger
                   submerged land programs and broader authority than Maine.



                                                               122









               Section V11                                                Leasin of SubmMed Tidal Lands




               Rationale for Leasing Fees


               The key to a successful leasing   program is a clear expression of legislative intent,
               according to John DeMeyer of Washington's Department of Natural Resources,
               Marine Land Management Division. In Washington, the state constitution,
               legislative direction, and numerous Supreme Court decisions, made it clear that the
               management objective was to generate income. However, in the early 1980s, the
               legislature, prompted by an outcry from lessees and interest groups, imposed a
               moratorium on lease fee increases. Legislation was ultimately enacted which
               deemphasized income generation as the primary management objective. The
               legislation articulated a management philosophy, prioritized uses of aquatic land,
               prescribed how rents were to be determined, and directed that lease revenues be
               used for aquatic enhancement projects. The state deducts administrative costs from
               lease revenues; the remainder of the revenue goes into programs that are used to
               purchase or enhance wetlands or to improve access to aquatic lands. Upland lease
               revenues go into the state's school and transportation funds.


               Two goals guide the management of public land and resources in Texas: the
               production of maximum revenues for the Permanent School Fund, and the
               preservation of environmental quality and renewable resource productivity. Texas
               uses its public lands to finance a system of free public education - revenues are
               primarily deposited in the Permanent School Fund. The School Land Board, the
               executive agency authorized to manage public lands with the assistance of the
               General Land Office, is authorized by statute to it prescribe reasonable filing fees and
               fees for granting leases, easements, and permits."


               In Virginia, funds generated from leasing of submerged tidal lands are, by law, paid
               into the state treasury to the credit of the Special Oyster Rock Replenishment Fund
               and are used in the annual placement of shell and seed on Public Oyster Grounds.
               The obvious intent of this provision is to partially compensate the public for use of
               a "common" resource.






                                                          123









              Section VU                                               Leasigg of SubmeMed Tidal Lands


              Potential Impacts of a Submerged Lands Leasing Policy on New Hampshire's
              Commercial Fishing Industry


              The impacts of a state submerged lands leasing policy on New Hampshire's
              commercial fishing industry will depend upon the legislative intent underlying the
              policy, the methodology used to determine lease fees, and the administrative and/or
              rental fees charged to various uses and categories of lessees. In the absence of an
              existing state submerged lands leasing policy which specifies these parameters, it is
              not possible to quantitatively analyze the potential impacts of such a policy on New
              Hampshire's commercial fishing industry.          In fact, the explicit purpose of
              submerged lands leasing policies in some states is to minimize negative impacts on
              the commercial fishing industry from competing uses. Thus, the discussion below
              highlights policy options initiated in other states to accomplish this goal. In
              addition, it briefly addresses the response of New Hampshire's commercial fishing
              industry to the concept of a state submerged lands         leasing policy, based on
              interviews with a number of commercial fishermen.


              Conversations with several local fishermen indicate that while the economic costs
              to New Hampshire's commercial fishing industry of a leased lands policy might be
              minimal, there would be negative psychological impacts. Specifically, they indicated
              that the industry is already impacted by such forces as soaring waterfront property
              taxes and land prices fueled by coastal development pressures. In addition, they felt
              lease fees for submerged lands would be likely to generate substantial controversy
              and unanimous opposition from commercial fishermen. Another representative of
              the commercial fishing industry indicated that fishermen would view lease fees as a
              renew tax." Further, he thought that while the impact on New Hampshire's
              commercial fishing industry as a whole might be minimal, the impact on
              individual fishermen would likely be more substantial. One local commercial
              fishermen estimates there are approximately twenty piers along New Hampshire's
              coastline and tidal waters which are used for commercial fishing purposes and thus
              would be affected by a state submerged lands leasing policy.





                                                        124








              Section VIL                                            Leasin of SubmMed Tidal Lands


              However, a leased lands program can incorporate policies and planning measures
              which minimize adverse impacts as well as provide future protection to the
              commercial fishing industry. Policies and planning initiatives cited in Maine's
              Submerged Lands Study which are designed to achieve these goals include:


                        9 denying permits or requiring mitigation measures for projects with
                           potentially adverse impacts on commercial fishing;


                        e  favorable leasing fees for commercial fishing;


                        *  maintaining water-dependent uses that provide services to commercial
                           fishermen such as boat yards, fueling stations, and marine supply
                           stores; and


                           establishing "bluebelts" where activities that would interfere with
                           fishing are prohibited.


              In addition, the proposed lease must satisfy the following conditions:


                        * will not unreasonably interfere with navigation;


                        0  will not unreasonably interfere with fishing or other existing marine
                           uses of the area;


                        9  will not unreasonably diminish the availability of services and
                           facilities necessary for commercial marine activities; and


                        *  will not unreasonably interfere with ingress and egress of riparian

                           owners.















                                                      125









               Section VII                                               Leasin of SubmeMed Tidal Lands


               Finally, as already indicated, commercial fishing as well as water dependent and
               public uses are favored in Maine through its leasing fee structure - for commercial
               fishing and water dependent uses, reduction factors of 1 percent and 2 percent
               respectively are applied.


               According to Stephen Oliveri, a Resource Administrator in Maine's Submerged
               Lands Program, Maine's submerged lands lease rates are so minimal they have no
               negative impact on the commercial fishing industry. In fact, the state's primary
               concern is to minimize negative impacts on the commercial fishing industry. In
               Maine, as elsewhere on the east coast, marketplace forces favor the development of
               coastline for condominiums and marinas over commercial fishing support services
               and facilities. As indicated above, the state's Submerged Lands Study identified the
               need for new policies and statutory authority to deny leases for certain activities in
               order to ensure continued protection for the fishing industry and its supporting
               infrastructure. Currently, the state is conducting a study to assess impacts on fishing
               industry infrastructure such as boatyards offering repairs and supplies, fuel and ice
               stations, areas for gear storage, and unloading stations.


               Like Maine, some other states have submerged lands leasing policies which require
               a proposed activity's impacts on commercial fishing be considered when issuing a
               lease for submerged lands. Through this approach, particular activities which
               would negatively impact the commercial fishing industry are discouraged through
               the denial of leases rather than through financial disincentives such as higher lease
               rates.


               Other states also have policies and fee structures which favor public recreation,
               environmental impacts, and docks for private use as well as commercial fishing
               interests. For example, Pennsylvania's legislation specifies that no charges shall be
               imposed for the following categories of activities and structures:


                            Any facility to provide access to the general public to water for
                            recreational boating, fishing, hunting, swimming, or other recreation
                            where such access is provided without charge or on a nonprofit basis.



                                                         126









               Section VII                                                 Leasin of Submy&ed Tidal Lands




                             Any private recreational dock constructed pursuant to a general
                             permit.


               Similarly, in Hawaii:


                          e  The board shall not lease state marine waters or submerged lands
                             unless the board finds that a lease for the proposed activity is clearly in
                             the public interest upon consideration of the overall economic, social,
                             and environmental impacts and consistent with other state policy goals
                             and objectives.


               Further, Hawaii's legislation directs the board to evaluate each application based on:


                             The extent to which the proposed activity may have a significant
                             adverse impact upon any existing private industry or public activity,
                             including the use of state marine waters for the purposes of navigation,
                             fishing, and public recreation.


               Texas favors public uses by requiring them to pay only a nominal fee. In addition,
               the state's public policy is that every land owner adjoining the water should be able
               to put up a minimal dock (less than 300) for private use.
















                                                          127









               Section VH                                                  Leasin of Submerged Tidal Lands



               Conclusion


               Many states currently have submerged land leasing systems. These systems are
               based on a wide variety of fee structures and are based on a number of different
               underlying principles. Based on the experience of other states, a clear expression of
               the rationale underlying a leasing program is essential to a successful leasing
               program. The rationales underlying most systems generally fall into three
               categories - compensation for the use of a public trust resource; preservation of
               environmental quality and resource conservation; and revenue generation, usually
               to benefit the public through the general fund, school fund, or other programs of
               public benefit.


               Using revenue generation as the rationale for a leased lands policy is problematic.
               For example, in at least one state where this rationale was used, an outcry from
               lessees and interest groups resulted in new legislation which deemphasized this
               objective and stressed a legislative intent to protect public trust interests.
               Furthermore, it appears that few states are generating surplus revenues from their
               submerged lands leasing programs. For example, in the neighboring state of Maine,
               revenues are used for administrative costs only; no surplus revenues have been
               generated. In those states that do appear to generate substantial revenues - for
               example, New Jersey, Texas, and California - the type and quantity of lessees as well
               as the area of land within the jurisdiction of their submerged lands programs, are
               not equalled in New Hampshire. For example, Texas' submerged lands program
               encompasses 4 million acres of submerged lands and substantial ports and offshore
               drilling.


               Pricing the use of submerged lands is perhaps the most controversial issue. With
               regard to pricing, it is clear that lease fees must be equitable as well as efficient. In
               New Hampshire, more detailed study is required to determine the details of an
               equitable and efficient fee structure.







                                                          128









               Section VII                                                 Leasing of Submffged Tidal Lands


               Based on informal discussions with several local fishermen, it seems likely that a
               leasing fee system, at any level, would generate substantial opposition. On the other
               hand, a leasing program presents an opportunity to implement policies which
               would protect commercial fishing interests by denying leases for those uses which
               would negatively impact the industry. Maine is particularly interested in pursuing
               this type of policy initiative and is currently conducting further research in this area.
               An exact determination of the impacts of a submerged lands leasing policy on
               commercial fishermen will require the clear definition of a number of policy issues.


               Clearly, if the state is to implement a successful submerged lands leasing system,
               significant effort will be required to ensure that an equitable and efficient system,
               based on clear legislative intent, is developed. An important step in this process
               will be further study, consideration, and policy determinations regarding the
               following issues:


                             Definition of submerged lands
                             Rationale for leasing of submerged lands
                             Leasing fee system methodology
                                - equity
                                - economic and administrative efficiency
                             Clear and detailed understanding of affected parties
                             Use of surplus revenues
















                                                          129









              Section V11                                               Leasin of SubmEMed Tidal Lands



                                                    References




              Analysis of Lease Rates for Waterlands for the State of Oregon, Prepared for State of
              Oregon, Division of State Lands, Prepared by ECO Northwest, Portland, Oregon,
              December 10, 1987.


              Economic Analysis of Lease Rates - Submerged and Submersible Lands, Prepared for
              Oregon Division of State Lands, Prepared by Pacifica Economica, Inc., Salem, Oregon,
              May 1983.


              Personal communication with Roland Barnaby, Sea Grant, University of New
              Hampshire Cooperative Extension Service.


              Personal communication with William Bland, commercial fisherman.


              Personal communication with Evon Bolton, Connecticut Coastal Management
              Program.


              Personal communication with Stephanie D'Agostino, Principal Planner, Coastal
              Zone Management Program, N.H. Office of State Planning.


              Personal communication with Edward Heaphy, commercial fisherman.


              Personal communication with John Nelson, Division Chief, Marine Fisheries
              Division, N.H. Fish and Came.


              Personal communication with Jack Newick, commercial fishermen.


              Personal communication with Stephen Oliveri, Resource Administrator, Maine
              Department of Conservation, Bureau of Public Lands.





                                                        130









              Section VU                                             Leasin of SubmeMed Tidal Lands


              Proceedings of the 4th Annual Submerged Lands Management Conference,
              Sponsored by Florida Department of Natural Resources, Key Biscayne, Florida,
              November 12-14, 1985.


              Proceedings of the 7th Annual Submerged Lands Management Conference,
              Wrightsville Beach, North Carolina, October 3-8, 1988.


              Public Attitudes on State Marine Land Policies, A Public Opinion Survey, Sponsored
              by: The Division of Marine Land Management, Department of Natural Resources,
              State of Washington, Prepared by Communication Design, Seattle, Washington.


              Submerged Lands Tenure Policy Data, 5th Annual Submerged Lands Conference,
              1986.


              Submerged Lands Program, Rules and Policies   Manual, State of Maine Department
              of Conservation, Bureau of Public Lands, Effective date: March 15, 1986.


              Submerged Lands Study, State of Maine, Bureau of Public Lands, Department of
              Conservation, January 13, 1989.





















                                                      131



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                                             AppendixA
                              Sth Annual Submerged Lands Conference
                                                1986





                                  Submerged Lands Tenure Policy Data


                   1.   California


                              State Lands Commission


                   2.   Idaho


                              Department of Lands

                   3.   North  Carolina

                              Department of Administration, State Property Office

                   4.   Oregon

                              Division of State Lands


                   5.   Texas


                              General Land Office

                   6.   Washington

                              Department of Natural Resources






                                                                          @@---AuAAP LAIA) ll.fi%Atk@ IN)LICt IMA tilil.@f                                                    Dolo

                      L

                         Ca I iforn i a                                      State Lands Commission
                         (STATE/PROVINCE)                                              (AGEWY NAME)                                                                               Pago      Of

      Policy Name/Description        Type of Tenure/Authorization               Term of Tenure             Pr'lclnq Ratlonale/Rental Rates                 Comments/Special Considerations

      CENERAL LEASE                   Negotiated - Lease                       Ave rage 20 years         Commercial Use: An annual                         Authorization of all leasany
      Commercial:   Income            term shall be limited                    Maximum 49 years          rental based an any one                           procedures is by Public
      producing uses such             according to standard                                              or combination of the                             Resource Code.
      as marinas,                     commercial practices.                                              following rental methods,
      restaurants, club-                                                                                 with a minimum rental of                          The following factors shall be
      houses. recreation                                                                                 $250%
      piers or facilities,                                                                                                                                 considered by the Commission
      docks, moorings, buoys,                                                                            (A) A percentage of annual                        in determining which rental
      helicopter pads, decks                                                                             gross income (the percentage                      method should apply:
      or gas facilities.                                                                                 being based on an analysis of                     (1) The &mount of rental the
                                                                                                         the diarket for like uses and                     State would receive under
                                                                                                         other relevant factors);                          various rental methods.

                                                                                                         (B) 9% of the appraised value
                                                                                                                                                           (2) Whether relevart, reliable
                                                                                                         of the leased land;                               and comparable data is avail-
                                                                                                                                                           -able concerning the value of
                                                                                                                                                           the land proposed to be leasod

                                                                                                                                                           (3) Whether a particular metho.
                                                                                                                                                           or amount of rental wou!ct
                                                                                                                                                           effectively cause an appLicanc
                                                                                                                                                           to Use more competitive C.A.-
              LEASE                   Negotiated    Least                     Average 2S years           Industrial Use: An annual                         stitute land or to             its
      Industrial, Uses                term shall be limited                   Maximum 49 years           rental based on any one                           project &)together,
      such as oil terminals,          according to standard
      piers, wharves, ware-           industrial practices.                                              or combination of the                             (4) Whether the land peopo3ed
      houses, stowage sites,                                                                             following rental methods                          to be leased has been clAssi-
      moorings, dolphins and                                                                             with a minimum rental of                          fied as environmentally silni-
      islands; together with                                                                             $250'                                             ficont pursuane,.to Public
      necessacy appurtenances.                                                                           (A) 9% of the appraised                           Resources Code Fortson 6171.
                                                                                                         value of the leased land                          (5) The monc - i - value of actu.
                                                                                                         together with 2V per di&-                         or potential - ;.virollmental
                                                                                                         meter inch per lineal foot                        damage anticipated from in
                                                                                                         of pipelines and conduits                         applicant's propost-d use to th-
                                                                                                         on the leased promises;                           extent such damage is quantiti
                                                                                                                                                           able;


                                                                                                                                                           (6) Other factors relating to
                                                                                                                                                           the appropriateness of the
                                                                                                                                                           proposed rental method.


                 GENERAL LEASI NG        (a) This articIt applies to the     leasing of all lands undur the Cocmission's jurisdiction for a!! sucii.--e
                 PRACTICES               uses except the exploration for or *xtcaction of natural resources including minerals, oil, gas or other
                                         hydrocarbons, or geothermal resources or any other natural resources. excluding timber.

                                         (b) Losses or permits may be issued to qualified applicants and the Commission shall have broad
                                         discretion in all aspects of leasing including category of lease or permit and which use, method or
                                         amount of rental is most appropriate, whether competitive bidding should be used in &warding a )#&so.
                                         what term should applyt how rental should be ad3usted duratin the trem. witothur bondifttl And %nF-FAft-





                                                                                            SLeWJIGEO LAND TX"E MLICY QKTA SkiEff                                                                               Date 9-1-86


                       C.0ifornia                                                              State Lands Co=ission
                                   (STATONWINCE)                                                            (AGMY MME)
                                                                                                                                                                                                                     Page 2 916


            Policy Name/Description              Type of Tenure/Authorization                      Term of Tenure                 Pricing Rat Iona I o/Rental Uates                    i0amments/Special Considerations

            GENERAL LEASE                         Negotiated - Lease                              Average 30 years*               Right of Way Use: An annual
            Right of Ways Uses                                                                    maximum 49 years                rental based an any one or
            such as roadways,                                                                                                     Combination of the following
            power lines, pipelines                                                                                                rental methods with a minimum
            or outfall liness                                                                                                     rental of $1001
            except when used only
            as necessary appurte-                                                                                                 (A) 91 of the appraised valut
            naftces.                                                                                                              of the leased lands, together
                                                                                                                                  with compensation for any
                                                                                                                                  damage Caused to such landsi

                                                                                                                                  (a) 2C per diameter inch per
                                                                                                                                  lineal foot.
















            GENERAL PERMIT                        Persit
            public agency uses                                                                    Average   15 years              General Permits: An)iljal rental
            such .8 public roadia.                                                                "as imum  49 years              Shall be based on 9% of the
            bridge&, recreation                                                                                                   appraised value of the leased
            areas at wildlife                                                                                                     lands with & minim" rental of
            refuges having a                                                                                                      $505
            Statewide public
            benefit.                                                                                                              (A) No rental shall be charged
                                                                                                                                  for Public agency us# of tide
                                                                                                                                  and submecgrd lands if the
                                                                                                                                  Commission at its solo dis-
                                                                                                                                  cretion, determine* that a
                                                                                                                                  Statewide public benotit
                                                                                                                                  accruo%:.@rom such use,

                                                                                                                                  .(8) Monetary rental for Public
                                                                                                                                  'ResOurefs Code Section 6321
                                                                                                                                  PrOttctivv structures may be
                                                                                                                                  waived at the Commission dater-
                                                                                                                                  mints that a public benefit
                                                                                                                                  accrues from the installation
                                                                                                                                  Of such structures.



          GENERAL LEASING                               (c) Leases or permits for tide or submerged lands               shall generally only am issued to riparian or littoral
                                                        upland owners at use right holders, provided however that such losses or permits may be granted to the
          PRACTICES (cont.)                             best qualified applicants irrespective of riparian or littoral status.

                                                        (d) Losses or permits for school, lieu or indemnity lands shall be for value or value enhancement
                                                        purposes.







                           ,California                                                                 State Lands Commission
                                   (STATE/MVINCE)                                                                    (AGMY MME)

        Pollcy Name/Doscrlptlon                   Typo of Tonurs/Authorizatlon                             Term of Tenure                      PrIcInq Rat tonal a/Rental @...,tos                        -.-Mments/Special Consideratlons

        WITEM.1.1C STPUMPES:                       General Permit                                        Average 30     years
        Fublic Resources Code                                                                            Maximum 49     years
        Section 632.1 protective                                                                                                               r,@[email protected] r.-rspst@.: 1-1 -.1 r@nval
        scrtictures such AS letriOSS                                                                                                           M1.01 It-         .1r, A% .1 thr
        :[email protected] wall&, broak-atef$ and                                                                                                           appraised value of the leased
        bulkheads.                                                                                                                             lands with a minimum rental of
                                                                                                                                               $50:


                                                                                                                                               (A) No rental shall tK- Charged
                                                                                                                                               for public agency use of tide
                                                                                                                                               and submeryed lands if the
                                                                                                                                               Commistion at its sole dis-
                                                                                                                                               cretion. determines that a
                                                                                                                                               s@tatewijc public benefit
                                                                                                                                               accrur%..jroai such use;


                                                                                                                                               .In) monetary rental for Public
                                                                                                                                               Resources Code Section 6321
                                                                                                                                               protective structures may be
                                                                                                                                               waived A( ttee Commission deter-
                                                                                                                                               mines that a public benefit
                                                                                                                                               &ecru#* from the installation
                                                                                                                                               of such structures.



        NON INCOII.E: Non income                   General Permit                                        Avvraqe 2S Yeats
        I toduc I nq. "..6 such 'as                                                                      "aXIMUM 49 Y@atx                               P.-Imitni Annual ronLal
        Psern. buoy-1, (to-its.                                                                                                                blial I Lk. bdrod cn 'j% of the
        1-jithousitu. docks,                                                                                                                   Appraised value of the )eased
        'aterski facilities.                                                                                                                   lAndl; will% A stnimuft rental Of
        and campsites not
        -j'#.1WY%Aq fur a private
        r-creational pier permit                                                                                                               (A) no rent.&I shall Do charged
        uniqr 200210. Other uses
        nay include campsites.                                                                                                                 for      ir -i-p-ney A,:;@ nf I Idt'
        ,anins. d-ellLn9S. arks,                                                                                                                          -p.a lan-j!; At 1I...
                                                                                                                                                             L At& sole 4$16-
        nOuse"ats. OC boathouses                                                                                                               cretion. determines that a
        ;tovided that when such                                                                                                                           l-W-lar I-ent-fit
        -jf,.-s are located on                                                                                                                          11.,tit 1;uch uh..;
        -ororreign lands that such
              are not found to be                                                                                                              tit) t+jt-I^ry ren'Al for Public
        :ncon$tstent with public                                                                                                                          C-J@ !wrto'n 6121
        trust needs.                                                                                                                                        t.truct.re% V.47 be
                                                                                                                                               .jIVQd If the Commission deter-
                                                                                                                                               mine:i fleat a Iniblic htnoiat
                                                                                                                                               jcrr&jer- liom the Installation
                                                                                                                                               of such structures.




           I        L                                                            USHERGED LAND TE"E FOLICY aTA SHM
                                                                                                                                                                                               Date 9-1-86


                  -California                                                           State Lands Commission
                           (sTATUPROYiNcE)                                                      (AGEWY HWE)
                                                                                                                                                                                                    Peoe 4 at 6


     Policy Name/Description            Type of Tenure/Authorizatlon                   Term of Tenu     re               clnq Rationale/Rental Rates                    Comme
     CRAZM L"SE     .                                                                                                PH                                                        nts/SPOclal, Considerations
     Grazing Lease: Use                           Negotiated                        Average 10 years               Grazing: An annual rental based
     includes the feeding                                                           Maximum 10 years               on appraised value for the intended
     of livestock an fQf&q*.                                                                                       Use.
























     AGRICULTURAL LEASE
     Agricultural Lease:                  Lease   Negotiated                         Average                       Agriculturall An annual rental
     uses say include farming,                                                       Maximum 25 year&              based an any one or combination
     silviculture and                                                                                              Of the following rental methods
     horticulture.                                                                                                 with a minimum rental of Mos

                                                                                                                   'A ) A percentage of annual gross
                                                                                                                   Incoev the percentage bring
                                                                                                                   based on analysis of the market
                                                                                                                   for like uses and other relevant
                                                                                                                   factors),

                                                                                                                   (a) 9% Of OPPK&is*d value of the
                                                                                                                   leased Lands.












                                                                                                                   7







                                                                                5""D WID TE"E POLICY DATA SjjEET
                                                                                                                                                                                              Date 9-1-86



                     California
                                                                                      State Lands Commission

                           (STATEMmIWE)
                                                                                               (AGMY NAKE)
                                                                                                                                                                                                   page 5 of 6


                                                                                                                                                        ........................... . .
     FOREST MANAGEMENT                  TYPO of Tenurs/Authorizatl         .on         Term of Tenure                PrIclnq Rationale/Rental          N-13tes        lbaamnts/SPeclal Considerations
     AGREEMENT
     Forest Management                                                                Merage 30 years
     A reeawnt, US*& May                                                              Maxim- 49 years             forest Management Agreements,
     i:clud* reforestation,                                                                                       Rental Shalt Constitute enhancement
     improvement of timber                                                                                        Of the land's value resulting from
     growth and &oil pro-                                                                                         the use.
     ductivity, vegetation
     control. reduction of
     fire add erosion hazards,
     insect or disease control
     or any other use that
     enhances the value of land,
     s'4bJ*ct to the Agreement.















     SALVAGE
     Salvage Permits use                  Negotiated Parmat                           Maxamun 4 yw4c
     lnc!udos the salvage                                                              Illorview St               "'w"s Permits Awns-,       @111 be as
     of 11 abandoned                                                                  :nd    period               follows$
     PtOPOrty over and                                                                for extension
     upon ungr&nt*d tide                                                                                          (A) A rental Of $25.00 par annum.per
     and submerged land$                                                                                          &cK0, computed on a whole of fractions,
                                                                                                                  basis.
     Of the Stage which                                                                                           *real &n(ode the total OCKOA90 Of the permit
     property belong* to
     the Stage and ia'undtr
     the Commission's julls.                                                                                      19) 25%of the net salvage value up to
                                                                                                                  s2s.000 and so% Of all such Value over
     Itetion pursuant to                                                                                          that amount for *11 salvaged property
     Public Resources cods,
     iection 6309. The                                                                                                S&IvOr Is Permitted to rotainj or
     .0mmission may retain                                                                                        (C) The nt..1-"Ps;alv4,gq value of any property
     'r soil any of all                                                                                           the State, tains loss any rental to
     Alvaged property                                                                                             which it to entitled# and
     r may allow the Permit
     pplic&nt to retain it.                                                                                       (0) Such other consideration as way
                                                                                                                  be domed by the Comission to be in
                                                                                                                  the beat interest of the State.






                                                                              SUBWRGEO LAND TE"E POLICY DATA SHM                                                                                9-1-86


                        California                                                  State Lands Commission
                            (STATEMMINCE)                                                    (AGENCY NAME)                                                                                    Pag*6 0t6

     Policy Name/Description            Type of Tenure/Authorization                 Term of Tenure               Pricinq Rationale/Rental Rates                  Comments/Special Considerations

                                          form Permit                              maximum 10 Years                Rent Free                                     Standard one peg* forlt used
        Private Recreational                                                       Review at end of                                                              as official document. Rent
        Pier          s                                                            period for now                                                                from permits are issued tar
             Pvrxit;nu                                                             permit                                                                        control and study purposes.
        limited to       x
        facility for the
        docking at mooring of
        boats constructed for
        the use of the licaral
        landowner. as specified
        in Public Resources Code
        Section 6503.5. and does
        not Include swimming
        floats or platforms.
        sun decks. swim areas,
        tishing platforms,
        residential. recreational
        dressing, storage or
        rating facilities or
        areas attached or ad-
        javent to tecreational
        pier$. of any other
        facilities not constructed
        for the docking at
        mooring of boats.








                                                     SWWAW UM TDME ML= MTA WIMT                                                   9/24/86


                     Idaho                              Department o-f Lands
                   (STATE I JOE)                              (AGENCY wit)                                                    Nis 1 of 2

    Policy Wme/Description  Type Of Tonure/Authorizatlon  Tore of Tenure     Pricing RationaleAental Rates   Cm"alts/special Consideration&
   Commercial Marinas       Encroachment permit pro       Indefinite         $50 application/publication     Only facilities built or
                            vides for review of en-       term but can-      fee                             enlarged since 1974 pay
                            vironmental & navigationa     celled if the                                      rent to occupy sovereign
                            impacts of proposed moora e.marina isn't                                         lands. Only 5-10% of
                            Leases will only be issue     built within                                       existing facilities are under
                            after the encroachment        three years.                                       lease.
                            permit is approved.

                            Lease: only required on       1.0 years          $100/acre or 3.75% of gross
                            commercial ventures                              moorage receipts. whichever
                                                                             is greater. per year





   Condominium style        Encroachment permit -         Indefinite         $50 application fee             Only facilities built or
   docks, (dockominiums).   provides for review of        term, but                                          enlarged since 1974 pay rent
                            environmental impact of       cancelled if t e                                   to occupy sovereign lands.
                            proposed moorage. Leases      marina isn't                                       Only 5-10% of existing
                            will only be issued after     built within                                       facilities are under lease.
                            the encroachment permit       three years.
                            is approved.

                            Lease: only required on       10 years          $100/acre or 5% of typical
                            commercial ventures.                             gross moorage for similar
                                                                             first-come. first,-served
                                                                             marinas. whichever is greate



         Idaho is presently reviewing its sovereign land leasing policy.       It appears that non-water dependent uses will be
         discouraged or prohibited, but individual uses in practice since 1974 will maintain their "grandfathered" status.






                                                              SUBMIERSIM LVO TDW ML MY DATA W"T                                                   onto   9/24/86


                      Idaho                                      Department of Lands
                     (STAT111=1                                          (AGENCY NAW)                                                               fto 2 at 2

   Policy NOW/Descriptlon      Type ot Tenure/Authorization        Tom ot Tonuro          Pricing Rational */Rontal Rates       CammentsApeclat Coneldorattons
    Log handling and            Encroachment permit              Indefinite term        $50 application fee                     Only facilities built or
    booming                                                                                                                     enlarged since 1974 pay
                                                                                                                                rent. No log booming or
                                                                                                                                handling areas are under lea e
                                                                                                                                at this time. No enlarged
                                                                                                                                booming areas have been
                                                                                                                                approved since 1974.


                               Lease                             10 years               $100/acre annually






   Single family docks           Encroachment permit             Indefinite term          Free                                  Limited to 700 square feet
                                                                                                                                of decked area.



   Floathome                   Encroachment permit              Indefinite term           Free                                  No permits have been
                                                                                                                                issued for floathomes since
                                                                                                                                1974.



   Restaurants                   Encroachment permit             Indefinite term          Free                                  No permits have been
                                                                                                                                issued for floathomes
                                 Lease                           10 years                 3.75% of gross receipts               since 1974
                                                                                          a"n"allys







                                                                 SLSWRGED LAND TE"E FOLICY DATA SHEET                                                 Date 9/10/86

                                                                Department of Administration/
                 North Carolina                                 State Property Offirp
                        (STATEAU9M)                                          (AGENCY NAME)                                                               Pa" I of 2


      Policy Name/Description     Type of Tenure/Authorization        Term of Tenure          Pricing Rational */Rental Rates       casments/Speclat Considerations

      SIMPLE RIPARIAN                      NONE                         NONE                  $100 administration fee               Includes marinas, etc.
      ACCESS - applies to
      all uses except com-
      mercial, aquaculture
      and mineral rights










      COMMERCIAL WRARFAGE                  LEASE                        Normally             No fixed rate                          Limited to large com-
      on a case-by-case                                                 25 years
      basis exceptions to                                                                                                           mercial facilities for
      the general exclusior                                                                                                         use in shipping
      is made








                                                                 SUBMERGED LAND TEMRE POLICY DATA SHEET                                              onto ulwafi

                                                                   Department of Administration/
                   North Carolina                                  State Property Office
                        (STATEAMMU                                           (AGENCY NAME)                                                               P"s 2 at 2



       Policy Nam/Description     Type of Tonuro/Authorizatlon        Term of Tenure         Pricing Rationale/Rental Rates        Commnts/Speclal Considerations


        AQUACULTURE                         LEASE                        10 years              $5.00 per acre per year
        limited to mollusks
        and does not allow
        water column
        occupation in
        dedication










        MINEARL RIGHTS                      LEASE                        25 years              Return contingent                     Two leases are presently
                                                                                               on recovery                           held by one company for
                                                                                                                                     mining phospates from
                                                                                                                                     the bed of a major
                                                                                                                                     coastal river. Subjeci
                                                                                                                                     to environmental permits








                                                       SUBWRGED LAND TENLARE MUCY DATA SHEET                                   onto


                    OPZGON                               DIVISION OF STATE LANDS
                    (STAM"OVINCE)                                (AGENCY NAME)                                                    pop 40


     Polley Name/Deserlption Type of Tenure/Authorlzation   Term of Tonure     Pricinq Rationale/Rental Rates   Comients/Special Considerations
     OMMIAL MARINAS         LEASE - issued for           Normal term is     $400 for the first acre or any -Adjacent upland owner
     AND.MDORAGES           publicly or privately        20 years for i     portion thereof, and $240 for       has "preference right to
     applies to small       owned facilities with        initial and        each additional acre within         lease
     harbors, boat basins   floats or docks having a     renewal leases     the leasehold area per amum;      -When preference right is
     or moorage facilities  surface area of 2,250                           rent adjusted annually based        waived, area is advertised
     providing dockage for  square feet or more that                        an change in local Consumer         and competitively bid
     small cr -,ft          offer boat moorage, boat                        Price Index                       -No lease required for fac-
                            rentals, boat storage,                                                              ilities with less than
                            marine service and supplie                                                          2,250 square feet surface
                            of any combination                                                                  area
                            thereof                                                                           -Amual rental redetermin-
                                                                                                                ations subject to Leasing
                                                                                                                Rules in effect at time of
                                                                                                                redetermination



     PRIVATE DOCKS, FLOATS   LEASE - issued for facil- Normal term is       $400 for the first acre or any    -Adjacent upland owner has
     AND BOATHOUSES          ities having a float, docl.20 years for        portion thereof, and $240 for       "preference right" to lease
     applies to structure    or boathouse surface area initial and          ach additional acre within        -When preference right is
     constructed for the     greater than 1,000 square renewal leases       he leasehold area per armum;        waived, area is advertised
     personal, exclusive     feet                                           ent adjusted annually based         and competitively bid
     use of the owner,                                                        change in local Consumer        -No lease required for fac-
     built over or float-                                                    ice Index                          ilities with less than
     ing upon the water                                                                                         1,000 square feet surface
     and used as a landing                                                                                      area
     -)r storage place for                                                                                    -Annual rental redetermina-
     moll craft.                                                                                                tions subject to Leasing
                                                                                                                Rules in effect at time of
                                                                                                                redetermination
                                                                            @
                                                                            a
                                                                            h

                                                                            e

                                                                            n






                                                                SL6WFGED LAND TENURE POLICY DATA SHEET                                             Dote


                     OREGM                                      DIVISION OF STATE LANDs
                       (STATE1NCE)                                        (AGENCY NAK)                                                               pa" 2 at 5


      Policy Name/Descrlption    Type of Tanur*/Authorlzatlon        Term of Tenure        Prlclnq Rationale/Rental Rates        Comments/Special Considerations
      HOUSEBOATS AM               LEASE                            Normal term is       $400 for the first acre or any          -Adjacent upland owner has
      HOUSEBOAT @VORAGES                                           20 years for         portion thereof, and $240 for            "Preference right" to lease
      applies to floating                                          initial and          each additional acre within the         -Ulhm preference right is
      structures capable                                           renewal leases       leasehold area per annum;                waived, area is advertised
      of being used as                                                                  Rent adjusted annually based on and ccmpetively bid
      residences                                                                        change in local Consumer Price          -Annual rental redetermin-
                                                                                        Index                                    ations subject to Lewing
                                                                                                                                 Rules in effect at time of
                                                                                                                                 redetermination







      EXTENSION OF UPLAND         LEASE                            Normal term is       6% of the per acre appraised            -Adjacent upland owner has
      USE applies to uses                                          20 years for         value of the adjacent upland;            "preference right" to lease
      that are not water-                                          initial and                                                  -When preference right is
      related or water-                                            renewal leases       Rental is subject to redeter-           -waived, area. is - advertised
      dependent. Example:                                                               mination at five-year intervals and ccq)etively bid
      apartments and priv-                                                                                                      -Annual rental redetermin-
      ate,restd,ences, rest-                                                            Rental is subject to appeal              ations subject to Leasing
      aurants and bars,                                                                                                          Rules in effect at time of
      office bldgs. and                                                                                                          redetermination
      retail sales outlets;
      private, ccmercial..
      or industrial








                                                               UGHERGEI) I.AND TENWE FOL ICY DATA SHEET                                           Date


                      OPX=                                         DIVISION OF STATE LANDS
                       (STATEMOVINCE)                                      (AGMY NAME)                                                               Pao* 3 of 5


       Policy Name/Description   Type of Tenure/Authortzation       Term of Tenure         Pricing Rationale/Rental Rates       Comments/Special Considerations

       LOG STIORAGE applies LEASE                                 Normal term          $200 for the first acre or any          -Adjacent upland owner has
       to unbounded water                                         is 10 years    for   portion thereof, and $20 for             "Preference right" to lease
       surface area used                                          initial and          each additional acre within             -When preference right is
       for nooring and                                            renewal leases       the leasehold area per amum;             waived, area is advertised
       storing rafts                                                                   Rent adjusted annually based             and competitively'lid
                                                                                       on change in local Consumer             -Annual rentai redetermdn-
                                                                                       Price Index                              ations are subject to
                                                                                                                                leasing rules in effect at
                                                                                                                                time of redet







       LOG BOCM AREA            LEASE                             Nonnal term          $200 for the first acre or any          -Adjacent upland owner has
       applies to a water                                         is 10 years   for    portion thereof, and $20 for             "preference right" to lease
       surface area bounded                                       initial and          each additional acre within             -When preference right is
       by floating, con-                                          renewal leases       the leasebold area per annum;            waived, area is advertised
       necting logs and                                                                Rent adjusted annually based             and competitively bid
                                                                                       on
       used for confining,                                                                change in local Consumer             -Annual rental redetemnin-
       grading, and sorting                                                            Price Index                              ations are subject to
       logs, and.asseabling                                                                                                     leasu-ig rules in effect
       log rafts                                                                                                                at time of redetermination







                                                                 SUBMEJM LAND TEMJRE POLICY DATA SHEET                                                Date


                    OREMN                                              DIVISION OF S= 1ANDS
                        (STATERROVINCE)                                      (AGENCY NAME)                                                               pn. 4 of 5


      Policy Name/Description     Type of Tenure/Authorlzation        Term of Tenure         Pricinq Rationale/Rental Rates         Comments/Special Considerations
      AQLXMTM                     LEASE                             Any period up to       Rent to be set by Division              -Adjacent upland owner has
      applies to the cult-                                          20 years if the        staff appraisal.                         "preference ri&ht" to
      ure and/or farming of                                         proposed use may                                                lease
      food, fish, sbellfis                                          be reasonably          Rent is typically expressed
      and other aquatic                                             expected to            as a percent of gross                   -When preference -right is
      plants and animals                                            exist for the          income.                                  waived, area is advertised
      in fresh or salt                                              period of time                                                  and competitively bid
      water areas.                                                  requested









      CONDMMIUMS AND             LEASE                              A period which         Rent to be set by Division              -Adjacent upland owner
      DOCKOMINIUMS                                                  allows the             staff appraisal                          has "Preference rigW1 to
      applies to facilities                                         owner to amor-                                                  lease
      subject to unit                                               tize the invest-
      ownership                                                     ment under gen-                                                -When preference right
                                                                    erally accepted                                                 is waived, area is advertisE
                                                                    accounting                                                      and competitively bid
                                                                    procedures
                               hi










                                                                                  SWWRr-ED LAND TIMM POLICY CRTA W*:ET
                                                                                                                                                                                               Dote
                                                                                                                                                                                                          .2J586


                                  Texas
                             (STATUFMINCE)                                            General Land Qffice
                                                                                                 (AGMY KW)                                                                                         Pago I of 9


      Polley Nute/Discription             Type of Tonuro/Authorizatlan                   Ter* of Tenure               Pricing Rational*/Rontal Rates                    C      A'ts/SPOCI&I Considerallons,

        PUBLIC USES                                COASM LEASE                           Negotiable               Private Activity
        Recreation,, estua-                                                                                          Filing fee - $s                                           CO=NMW acth@Aclbw* whicb
        rine preserves,                                                                                                                        . 00                     is designed to cnh,,, of accommodate a
        wildlife preserves,                                                                                          Annual fee - $S-00              minimum,
                                                                                                                          negotiated rate                               Prorlt-M-l"'It venture Of is associated with
        scientific research                                                                                                                                             a revenue generating activity.
                                                                                                                                                                               Private activity-Activity which is
                                                                                                                  Commercial Activity                                   no' Performed by a pubfic entity. is not de.
                                                                                                                     Filing fee - $so.00                                A;aW to enhance or accommodate & prorlt
                                                                                                                     Annual fee - $100 minimum,                         making venture. and is not auociated sith
                                                                                                                                                                        a revenue geneming activity.
                                                                                                                          negotiated rate                                      Public activiry-Activity which is per.
                                                                                                                                                                        faTrod by 0 public entity arW Ls am desiped
                                                                                                                  Public Activity                                       !O enhance Or eccommodate a profit mak-
                                                                                                                     Filing Tee             y - $5.00                   mg venture. and is not --socia ed with a
                                                                                                                                                                        (MMUC generating activity.
                                                                                                                                                                               PubUc entity-City. county. state
                                                                                                                                                                        2MCY. board. or commission. or ary other
                                                                                                                                                                        Political subdivision of the state cxMt a
                                                                                                                                                                        fkaviganon district

        PRIVATE PIERS OR                    SMUCrME REG'ISTRATION                       Perpetual                    Filing fee only               $S.00                School Land Board approval
        DOCKS 100 feet long
        or less and 25 feet                                                                                                                                             is not required for con-
        wide or less that                                                                                                                                               struction, but structure
                                                                                                                                                                        location must be registered.
        require no dredging
        or filling












        1P
                                                            SUBMEMM LAND TEMAE FOL ICY DATA SHEIEr                                            Onto 2LUL86

                        Texas                                  --General Land-Office
                     (STATUPROvioca                                     (AGENCY NAME)                                                            Pago 2 of 9


    Policy Hame/Doscription   Type ot Tenuro/Authortzation        Tom of Tenure         Pricing Rationale/Rental Rates        Comments/SPOC141 Considerations
      MM PIERS AND                 COASrAL EASENW.               Negotiable          Private Activity, structure              School Land Board approval
      DOCKS                                                                          300 feet long or less and                is required prior to con-
                                                                                     2,SOO feet square or less:               struction.
                                                                                        Filing fee only - $S.00
                                                                                                                              Issued to owners of littora
                                                                                     Private Activity, structure              property adjacent to state-
                                                                                     more than 300-Tek long or                owned submerged land.
                                                                                     2,500 feet square:
                                                                                        Filing fee - $50.00
                                                                                        Annual fee charged for area
                                                                                            in excess of above dimen
                                                                                            sions - $.10 per square
                                                                                            foot, $100 minimum

                                                                                     Commercial Activity
                                                                                        Filing fee - $50.00
                                                                                        Annual fee - $.20 per      squa-n
                                                                                            foot or negotiated     rate,
                                                                                            $100 minimum

                                                                                     Public Activi@y
                                                                                        Filing re-eonly - $S.00








                                                              StOMMM LAW MORE FOL MY CRTA SWU                                                        9/2S/86


                          le xa -q                                 Gpnpral Jaad fIffirA
                      tSTATUFMINCE)                                      (AGENCY NAMIE)
                                                                                                                                                   Page 3 of 9


     Pot ley HUM/Doscription   Type of Tenuro/Authorization        Tore of Tenure        Pricing Rationale/Rontal Rates       Comments/SPOCI&I Considerations

      MAMMS                          COMTAL EASEMW                 Negotiable         Boat Sli]2s in Clear Lake
                                                                                        Filing fee - $50.00
                                                                                        Annual fee - $3.60 per
                                                                                            linear foot or negotiated
                                                                                            rate


                                                                                      Boat  Slips in Other Areas
                                                                                        Filing fee - $50.00
                                                                                        Annual fee - $2.88 per
                                                                                            linear foot or negotiated
                                                                                            rate






      *MVES                          COASTAL EASEMW                Negotiable           Filing fee - $SO.00
                                                                                        Annual fee - $.30 per square
                                                                                            foot or negotiated rate,
                                                                                            $100 minimum








                                                             SM"46ED LAM TDWRE FOL CY DATA SHEET                                                    912S/86


                          Texas                                  GeLlejal Land Qff ice
                     (SIrATUMNINN)                                      (AGENCY wXE)                                                              Page 4 c* 9


    Policy Hem/Description     Type of Tenuro/Authortzation       Term of Tenure        Pricing RationaJOYROntal Rat"         compen'ts/Spocial Considerations
      BREAMITM$                     COASrAL FAsEmw                 Negotiable         Private Activity.. structure
      Jh=IES, GROINS
                                                                                      300 feet long or less:
                                                                                        Filing fee only - $5.00

                                                                                      Private Act'    . Y, S ruc
                                                                                                   Wit       t    ture
                                                                                      longer than Myfeet:
                                                                                        Filing fee - $50.00
                                                                                        Annual fee - $ - 10 per square
                                                                                            foot, $25 minimm

                                                                                      Commercial Activity
                                                                                        Filing fee - $50.00
                                                                                        Annual fee - $.20 per
                                                                                            square. foot, $100 mininm
                                                                                      Public Activity
                                                                                        Pilincy Tp-nnly - tgjn
      DREDGING                     COASTAL EASEMENT                                           -    P     -
                                                                  Negotiable          Mineral Interest Holder                 Mineral Interest Holder
                                                                                        riling fee - $50.00                   Holder of a lease for oil
                                                                                        First-year fee for new                or gas extraction who plans
                                                                                            dredging - $.02 per               to dredge on state-owned
                                                                                            square foot, $100 minimun         land outside the leasehold
                                                                                        Annual fee for maintenance            tract to obtain access to
                                                                                            dredging - $-.005 per             the leasehold tract.
                                                                                            square foot, $100 mini=




                                                                                                            (continued)










                                                   SLOW*= UWD TENUM FOL ICY IDATA SHMT                                  onto



                     Texas                             General Land Office
                  (STATUMMIOCE)                              (AGENCY WXE @                                                Page, S of 9



    POI ICY Now/DescrIption 'Type of Tenure/Authorlzatlon 'Term of Tenure Pricing Rational e/Rental Rates Cow"
     DREDGING (cont'd.)       COASTAL EASEMW            Negotiable      Private.Activity, area encum-         nts/SPbclbl Considerations
                                                                        berea 2,0   squaTe feet or
                                                                        less and channel width 20 feet
                                                                        or less:
                                                                          Filing fee - $50.00
                                                                          First-year fee for new
                                                                             dredging - $.03 per
                                                                             square foot, $100 minimum
                                                                          Annual fee for maintenance
                                                                             dredging - $      per
                                                                             square foot, $100 minimum

                                                                        Private Acti 't
                                                                                    V1 Y, area encum-
                                                                        berea more__tYa_n2,ooo square
                                                                        feet or channel width more
                                                                        than 20 feet:
                                                                          Filing fee - $50.00
                                                                          First-year fee for new
                                                                             dredging - $.03 per
                                                                             square foot or negotiated
                                                                             rate, $100 minimum
                                                                          Annual fee for maintenance
                                                                             dredging - $70B or
                                                                             negotiated rate






                                                                                           (continued)











               .dP
                                                              SUNOWD WO TDWRE FOLICY DATA SHM                                                    asto 2LZ@L86


                          Texas                                     General Land Office
                      (STAYMMIKE)                                         (AGENCY NAWE)
                                                                                                                                                    pa" 6 at 9


     Policy Name/Description    Type of Tanuro/Authorize .tion      Torn ot Tenure        Pricing Rationale/Rental Rates        comments/special Considerations
       DREDGING (cont'd.)            COASTAL EASEMW                 Negotiable         Commercial Activi@x
                                                                                          Filing fee - $SO.00
                                                                                          First-year fee for new
                                                                                              dredging - $.04 per
                                                                                              square foot or nego-
                                                                                              tiated rate, $100 miniazin
                                                                                          Annual fee for maintenance
                                                                                              dredging - $.005 per
                                                                                              square foot or negotiated
                                                                                              rate, $100 minimum

                                                                                       Public Activity
                                                                                          Filing fee only - $S.00



       CABINS                          CABIN PERMIT               Not to exceed           Filing fee - $SO.00
       State-owned struc-                                         S years                 Annual fee - $.70 per
       tures on coastal                                                                       square foot of attached
       public lands                                                                           roofed area, $17S mini-
                                                                                              MUM
                                                                                          Exception: If the permit
                                                                                          was issued prior to the
                                                                                          July 18, 1983 rate increase,
                                                                                          and if'the annual fee will
                                                                                          impose an undue financial
                                                                                          hardship, the permit holder
                                                                                          may apply for a continuatior
                                                                                          of the previous fee.








                                                             SUB"W&ED LAW TDME POLICY CATA SW                                                 c6le 9/ZS/86

                         Texas                                   General Land Office
                     (STATURMisco                                       (AGMY WYE)                                                               Ps" 7 c* 9


    Polley Nam/Description     Typo of Tenure/AuthorIxetion       Tore of T*nure        Pricing Rational*/Rontal Ratos       C0W"ntS/SP*C1*1 ConsiderstlonS

      POWER LINES AND           RIGUr-OF-WAY EASEMENT               10 years         Filing fee - $S0.00
      TELEPHONE LINES                                                                Contract fee - Per-rod charge
                                                                                        for 10-year term based on
                                                                                        right-of-way width:

                                                                                        O-SO feet       - 10 per rod
                                                                                        51-100 ft.      - $15 per rod
                                                                                        101-200 ft.     - $25 per rod
                                                                                        over 200 ft.    - $3S per rod

                                                                                        Minimum fee - $500/10 years




      ELECTRIC SP-SrATIONS            SURFACE'LEASE               Negotiable,        Filing fee - $S0.00
      PUMPING STATIONS, '
      LOADING RACKS, TANK                                       10-year maximum contract fee - annual payment,
      FARMS                                                                            based on percentage per year
                                                                                       of appraised market value of
                                                                                       area encumbered at time of
                                                                                       contract execution








                                                                $10651M WO TDWE FOLICY DATA SOW                                                       Date 9125186

                           Texas                                      General Land Office
                       (STATEANINImm)                                       (AGEOCY OAK)                                                                 Pago 8 at 9


     Policy Havie/Description    TyPe of Tenum/Authorization          Term of Tenure         Pricing Rallonale/Rental Rates         CONIGnts/Special Considerations
      DIRECTIONAL                       SURFACE LEASE                 Negotiable,         Filing fee - $50.00
      DRILLING LOCATIONS,                                          50-year maximum        Contract fee:
      PLATFORMS , ETC. in                                                                   Nonstate oil and gas - nego-
      the Gulf of Mexico,                                                                   ti-aT)le,-$1,000 per year
      bays,, and tidally                                                                    minimum
      influenced areas
                                                                                            State oil and gas - negoti-
                                                                                            'Tle, $100 per acre per year
                                                                                            minimum








      LEASES OF GULF                   SURFACE    LEASE               Negotiable,         Filing fee - $S0.00                       These activities may
      LAND AND OTHER                                               50-year maximum        Contract fee - negotiable,                include piers in the
      STATE-OMED LAND                                                                       $100 per year minimum                   Gulf of Mexico or uses
      IN THE COASTAL AREA                                                                                                           of state-owned coastal
      FOR USES NOT                                                                                                                  upland.
      ASSOCIATED WITH
      LITTORAL OWNERSHIP








                                                               SUBMEFAW UUO TENIJRIE FOLMY DATA SHM                                              Date 2/2S/96


                          Texas                                    General Land Office
                       (STATERMINCE)                                      (AGENCY WXE)                                                              Pago 9 of 9


     Policy Name/Description    Type of Tenuro/Authorization        Term of Tenure        Pricing Rationale/Rental Rat"        coments/Speclal ConsIderarlons

       PIPELM                    RIMT-OF-WAY EASEMWr                  10 years         Filing fee - $SO.00
                                                                                       Contract fee - per-rod, per-
                                                                                          line charge based on out-
                                                                                          side diameter of pipeline,
                                                                                          location, and point of origi i .

                                                                                       Pipelines origination within
                                                                                       state boundaries - minimum
                                                                                       fee of $500 for 10 years.
                                                                                       See attached table and_!mE.

                                                                                       Pipelines originating in
                                                                                       federal waters or others
                                                                                       carrying nonstate oil and gas
                                                                                       $4S per rod to landfall or
                                                                                       point of tie-in within state
                                                                                       waters.





                                                                          Attacbment







                            RIGHr-OF%-M EASEMEMS FOR PIPELINES



           Outside
           Pipeline              Cost per Rod by Region*                   Term
           Diameter

                      Region 1**   Region 1A**      Region 2    Reg ion 3

           0' - 13"      $9.00        $5.00          $7.00      $5.00     10 yrs.
           Over 131     $21.00       $13660,        $17.00     $13.00     10 yrs.


              Filing Fee    $50.00
              Kinimum Fee $500.00/10 yrs.

                Regions are shown on the map that follows
                Rates for Region 1 may be negotiated at the discretion of the
                commissioner if the easement application is for a pipeline
                carrying nonstate oil and gas. Rates for Region IA may be
                negotiated at the discretion of the commissioner for any
                easement application.






















              'The boundary between Regions
              1 and 1A Is the line separating
              state bay tracts from state
              gulf tracts as shown in the
              IrAD Submerged Land Inventory Maps














                                                                        SUBMERGED LAND TENURE POLICY DATA SHEET                                            Date 9/86


                                WASHINGTON                                   DEPARTMENT OF NATURAL RESOURCES
                             (State/Prov =nce                                           (Agency Name)
                                                                                                                                                        Page I of 2

                                                      Type of Tenure/                              Pricing Rationale/
                       Policy Name/Description         Authorization        Term of Tenure             Rental Rates             Comments/Special Considerations

                       Commercial water                   Lease           Up to 55 years.        Rental caluclated by           Annual rent adjusted each year
                       dependent uses, I.e.                               Averages range         legislated formula.            by change In Producer Price Index,
                       marinas, shipyard                                  between 15 & 30        Assessed value of              Rent recalculated every 4 years. I
                       marine terminal, etc.                              depending on           adjacent uplands x 30%
                                                                          *Intensity of          x capitalization rate.
                                                                          development            Current rate Is 5%.


                       Log storage                        Lease              10 years            Legislated rate of             Per acre rate adjusted every four
                                                                            maximum              $170.00/acre/year              years by % change In other aquatl(
                                                                                                                                lease rates


                       Commercial nonwater-               Lease           Up to 55 years         Fair Market Rent based         Existing residential uses
                       dependent rates; I.e.                              average Is 30 year!    on highest and best use        "grandfathered". Now residential
                       restaurants, shops,                                                       of the property                allowed only In certain excep-
                       hotel, residential                                                                                       tional circumstances.

                                                                                                 Extractive types such as
                       Aquaculture                      Lease or             1   10 years        geoduck or shellfish           Site plans required. GeWucks
                                                     harvest contracts Most are 10 years         which reproduce natural[)      1985 price was .25 lb. Hardshell
                                                                                                 and requires little, If        clams range from $1,200 -
                                                                                                 any capital Investment,        $3,000/acre. Mussel leases $50
                                                                                                 pay full fair market           first three years then up to
                                                                                                 value for the resource.        formula rent.
                                                                                                 Aquaculture activities
                                                                                                 requiring Intensive
                                                                                                 Investment such as
                                                                                                 salmon not pens pay an
                                                                                                 economic rent or formula
                                                     Right of                                    rent whichever Is less.
                                                     Entry Permit              I year                       S50-00/'@Lyl.       Limited to test purposes only
                                                                                                 Fair Market Value on per
                       Sand/Gravel                      Lease or                 I - 5 years     cubic yard basis.
                                                     Contract of Sale                            Usually negotiated,
                                                                                                 occasional public auctlor
                                                                                                 depending on access to
                                                                                                 sites. Prices range
                                                                                                 from S.05 to S.60/cu.yd.
                                                                                                 depending on proximity
                                                                                                 to market and quality of
                                                                                                 material.












                                                                       SUBMERGED LAND TENURE POLICY DATA SHEET                                       Date 9/86


                                 WASHINGTON                                 DEPARTMENT OF NATURAL RESOURCES
                              (State/Province)                                        (Agency Name)
                                                                                                                                                  Page 2 of 2


                        011    Gas                       Lease              10 years          Fee set by statute.
                                                                                              1.25/ac/yr minimum plus
                                                                                              12 1/2$ royalty when
                                                                                              producing


                        Minerals                         Lease              2 - 20 years      .25-.50/acre, years 1-5      Under revision
                                                                                              $5.00/acre plus % royalt)
                                                                                              thereafter. Royalty
                                                                                              varies by type of
                                                                                              mineral.


                        Private Recreational       Statutory             Perpetuity of        Abutting residential         Limited to four unit multifamily
                        Docks                      Authorization         conditions are met   upland owner authorized      per lot.
                                                                                              to construct and maintair    Legality being challenged before
                                                                                              dock for own non-            State Supreme Court, January 1987,
                                                                                              commercial use


                           Right of Way            Easement or Lease      Lease 30 years      Public Utilities - no        Lease used when use will have an
                                                                          Easement In          charge                      ongoing Impact to other
                                                                          perpetuity                                       biological resources In the
                                                                                              Other -  underwater          vicinity I.e., sewer outfall
                                                                                              0 to -501- 1/2 upland        resulting In automatic
                                                                                              value -501 to 1001 1/4       decertification of nearby
                                                                                                   upland value            shellfish beds.
                                                                                              -1001    1/8 upland  value   Term under review.

                                                                                              Other    overwater
                                                                                               Overhead lines a 1/3
                                                                                                above
                                                                                               Bridges - V3 above



                                                                                                                                                  2627 138 139



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                                                    Appendix B
                                            Land Valuation Methods





              Market Approach.      The most direct, logical and reliable method for estimating land
              values is to analyze actual transactions data for the sale or lease of comparable lands.


              Income Approach. Value can be determined by estimating the present value of all
              future revenues deriving from the use of the land. This amount is adjusted by
              deducting the present value of all costs associated with improvements and other
              inputs into the economic activity located on the land in question. The balance is a
              net present value or "residual value." It is used to infer or impute the contribution
              and hence the worth or value of the land (itself) in connection with the associated
              economic activity.


              Cost Approach. In some cases, the cost of creating usable land (e.g., through landfill
              operations) can be used as a measure of the land created.


              Substitution Approach. A promising approach to the estimation of land values is to
              determine the cost of the next-best alternative or "substitute" for the leased
              submerged or submersible land. Generally, market transactions data can be used to
              estimate the value of such substitutes. This value is used, in turn, to estimate the
              value to the user of the submerged or submersible lands which are being leased.
              This method is not feasible for uses which are "water oriented" but not "water
              dependent" (presuming an absence of substitutes).


              Extension A1212roach. In cases where the use of submerged or submersible lands is
              highly integrated with and economically inseparable from activities on adjacent
              uplands, the value of the adjacent uplands can be used to determine lease rates for
              the submerged or submersible lands. The presumption is that the use of these lands
              is an inseparable "extension" of the adjacent uplands use. The value of the adjacent
              uplands themselves would first be estimated using the market approach where
              appropriate market transactions data are available or the substitution approach if
              necessary.










              Shore Contributions Approach. In cases where land and water uses are related to
              each other but essentially independent of each other, it may be most feasible to
              establish an indirect estimate of the value or worth of the leased or submerged or
              submersible lands. This is done by comparing waterfront properties with similarly
              used nonwaterfront properties and relying on the differences between the values of
              such properties as an indirect estimate of the "contributions" of the submerged or
              submersible lands associated with the waterfront properties. Market transactions
              data would be needed to generate such estimates.


              Techniques for Determining Market Rates,


                     Market Data Method


                        9 sales or leases of comparable land in comparable uses (determine what
                           rates the private sector charges for comparable land - can be
                           accomplished informally through telephone survey or formally by
                           professional appraiser).


                        e  bid procedures (highest bidder determines the market value)


                     Appraisal


                           A trained appraiser evaluates the land and its possible uses. Using one
                           of two general techniques, the.appraiser places a value on the land
                           which approximates the price a Willing buyer would pay for the land if
                           it were offered in a competitive market.


                                 indirect market approach (e.g., comparison of the subject property
                                 to properties of other related uses that are transacted in the
                                 market).









                                 the income approach (evaluates the completed financial
                                 information of a single firm or an average firm in an industry.
                                 Since land contributes to the production of the good or service
                                 produced on the land and the market prices all other inputs
                                 (labor and capital), the earnings after deducting all costs
                                 (including costs for management and for returns to capital) is the
                                 value of the land in any particular year.


              Sources: Economic Analysis of Lease Rates - Submerged and Submersible Lands,
                        Prepared for Oregon Division of State Lands by Pacifica Economica, Inc,
                        May 1983.


                        Analysis of Lease Rates for Waterlands for the State of Oregon, Prepared
                        for the State of Oregon, Division of State Lands by ECO Northwest,
                        December 1987.




























                                                                                                        DATE DUE


















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