Chapter 1: State Boundaries

The boundary lines between the state of New Hampshire and the states of Maine and Vermont and the Commonwealth of Massachusetts shall be perambulated and the bounds renewed whenever necessary.

The governor, with the advice and consent of the council, shall authorize the commissioner of the department of transportation in consultation with the attorney general to notify and make such arrangements with the proper authorities of the adjoining state as may be necessary to carry out the provisions of this chapter.

A return of each perambulation shall be made describing the marks and monuments of such line and particularly describing any change of location or resetting of any monument as authorized in this chapter, and such return shall be signed by the duly authorized representative of both states and a copy filed with the secretary of state.

All expenses incurred in each perambulation shall be shared equally between the 2 states. The governor is authorized to draw a warrant for New Hampshire's share out of any money in the treasury not otherwise appropriated.

The perambulation of the boundary line between the state of New Hampshire and the Commonwealth of Massachusetts shall be as established and marked on land under the provisions of 1901, 115:1.

The perambulation of the boundary line between the state of New Hampshire and the state of Maine shall be as established and marked on land under the provisions of the 1947, 115 and shall extend from Bryant's Rock at East Pond to the Canadian line.

The perambulation of the boundary line between the state of New Hampshire and the state of Vermont shall be as established and marked on land under the provisions of the opinion and associated decrees of the United States Supreme Court in the case of Vermont v. New Hampshire , 290 U.S. 579 (1933).

No person shall willfully or maliciously disturb or injure, or, except as herein provided, remove, obliterate, deface or cover up any monument or mark designating a boundary line between the state of New Hampshire and an adjoining state. Any person desirous of removing and/or replacing any such monument or mark may apply to the commissioner of the department of transportation. In addition, no person shall begin or attempt to begin any alteration or improvement of the banks or bed of the Connecticut river, the erection of any building, dam, or other structure upon the banks or bed of said river or any other operations which will affect the waters or flow of said river so as to make difficult the ascertaining of the location of the boundary line between this state and the state of Vermont without first applying to the commissioner of the department of transportation.

Upon receipt of an application under RSA 1:8, the commissioner of the department of transportation in consultation with the attorney general shall arrange for a joint review with appropriate officials of the adjoining state to determine whether any monument or marking will be affected and if so, whether said monument or marking is needed. Upon determination of need or lack of need for marking of the boundary, the commissioner shall certify the determination made to the applicant.

Upon a determination of need, the commissioner of the department of transportation may issue a permit for the alteration or resetting of the original boundary or mark upon approval of the adjoining state. Conditions for the alteration or resetting shall be determined by the commissioner and all costs borne by the applicant. A full description of any change in such monument or mark, signed by a representative of both states, shall be recorded with the secretary of state.

Whoever violates the provisions of RSA 1:8 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Subject to such lateral marine boundaries as have been, are herein or shall hereafter be legally established between this state and the state of Maine and the commonwealth of Massachusetts, the territorial limits and jurisdiction of this state shall extend to and over, and be exercisable with respect to, waters offshore the coast of this state as follows:

I.

Marginal Sea. The marginal sea to its outermost limits as said limits may from time to time be defined or recognized by the United States of America by international treaty or otherwise. The coastal baseline of this state from which the breadth of the marginal sea is measured shall be drawn in conformity with the treaties to which the United States is a party. Subject to future change as hereinabove set forth, the marginal sea is three nautical miles in breadth.

II.

The High Sea. Beyond the marginal sea, to the outer limits of the territorial sea of the United States of America and to whatever limits may be recognized by the usages and customs of international law or any treaty or otherwise according to law. This state claims title for a distance of two hundred nautical miles from the coastal baseline of the state, or to the base of the continental shelf, whichever distance is the greater.

III.

Submerged Land. All submerged land, including the subsurface thereof, lying under the aforementioned waters.

Until otherwise established by law, interstate compact or judgment of the supreme court of the United States, the lateral marine boundaries of this state shall be and are hereby fixed as follows:

I. Adjoining the State of Maine: Beginning at the midpoint of the mouth of the Piscataqua River; thence southeasterly in a straight line to the midpoint of the mouth of Gosport Harbor of the Isles of Shoals; thence following the center of said harbor easterly and southeasterly and crossing the middle of the breakwater between Cedar Island and Star Island on a course perpendicular thereto, and extending on the last-mentioned course to the line of mean low water; thence 102degree East (true) to the outward limits of state jurisdiction as defined in RSA 1:14. As to that section of the lateral marine boundary lying between the mouth of the Piscataqua River and the mouth of Gosport Harbor in the Isles of Shoals, the so-called line of "lights on range", namely, a straight line projection south-easterly to the Isles of Shoals of a straight line connecting Fort Point Light and Whaleback Light shall be prima facie the lateral marine boundary for the guidance of fishermen in the waters lying between Whaleback Light and the Isles of Shoals.

II. Adjoining the Commonwealth of Massachusetts: As defined in chapter 115, 1901; and thence one hundred and seven degrees East (true) to the outward limits of state jurisdiction, as defined in RSA 1:14.

III. The fixation of lateral marine boundaries herein is without prejudice to the rights of this state to other marine territory shown to belong to it. By the fixation of the foregoing lateral marine boundaries, this state intends to assert title to its just and proportional share of the natural resources in the Atlantic Ocean lying offshore its coastline and within the limits defined in RSA 1:14.

The ownership of the waters and submerged lands enumerated in or described in RSA 1:14 and 15 shall be in this state. The department of natural and cultural resources and the fish and game department, in cooperation with other interested agencies and departments of the state and with the approval of the governor and council, shall be authorized to issue rules and regulations for the purpose of protecting fishing rights, marine life, mining and mineral rights and oil and gas rights of the state and to control pollution in the seaward territory of the state as defined in RSA 1:14, II and III.

The jurisdiction of the courts of this state over civil and criminal matters shall extend to all territory within the marine boundaries of this state as defined in this subdivision, which has not been heretofore incorporated in any town, city or county. In such event, all such proceedings may be instituted in the district or municipal court of the district or municipality closest to the place where the alleged offense occurred or cause of action arose or in the superior court holden in Rockingham county, to the same extent as if the alleged offense occurred or cause of action arose within said district, municipality or county, any other jurisdiction or venue statute to the contrary notwithstanding.

Notwithstanding the provisions of RSA 1:17, the code of criminal laws of the state as set forth in RSA Titles LVIII and LXII, and the fish and game laws and regulations of the state in RSA Title XVIII shall not be applied and enforced easterly of the outer line of the marginal sea as defined in RSA 1:14, I, until such time as the governor by proclamation made with the advice and consent of the council determines that the public interest requires application of such laws and regulations easterly of such line and that the capacity of the state so permits. The limitations contained in this section are without prejudice to the claims of this state to the larger marine territory defined in RSA 1:14-16.

Notwithstanding the provisions of RSA Title LXII, any person, natural or otherwise, convicted of violating any rule, regulation or specific laws promulgated for the purposes of protecting the rights enumerated in this subdivision, shall be punished by a fine not to exceed $10,000.