New Hampshire Supreme Court Finds Towns Have Authority to Regulate Pond Height Through Beaver Dams

Eastern Water Law & Policy Reporter

January 2012

The Supreme Court of New Hampshire has ruled that a local municipality--the Town of Lyme, has the legal authority to regulate the height of a pond by use of local beaver dams, even if that deprives local residents of wetlands. Affected local residents had challenged the town's authority on the theory that regulating the depth of the pond would also impact the local environment. The Supreme Court of New Hampshire, however, found that the zoning authority of the town outweighed the interests of protecting local there are metal resources.