Conservation commission briefed on funded dam‑removal plan; town may be asked to accept flowage rights
Loading...
Summary
The Brentwood Conservation Commission was told American Rivers secured New Hampshire DES funding to remove the Brentwood Dam; Brentwood Dam Ventures says it would convey flowage rights or property interest to a qualified entity (potentially the town), and commissioners raised liability concerns and requested a formal presentation.
The Brentwood Conservation Commission discussed plans to remove the Brentwood Dam and the prospect that the town may be asked to accept flowage rights or ownership after removal.
At the meeting S3 said Brentwood Dam Ventures LLC has been working with American Rivers to obtain a New Hampshire Department of Environmental Services (DES) award to remove the existing dam and restore the Exeter River’s natural channel and wildlife habitat. "They've secured an award from DES to help with the removal of the dam and restoration of the natural river channel and wildlife habitat," S3 said.
Why it matters: the project could restore river habitat without direct town expense, but grant and engineering requirements may obligate the current owner to transfer property interests or flowage rights to a qualified grantee. S3 summarized that, under U.S. Army Corps engineering requirements tied to the funding, "it's required that Brentwood Dam Ventures convey ... the flowage rights or the entire property to a qualified entity such as the town Brentwood." S3 added Brentwood Dam Ventures "has no interest in retaining ownership after the dam is removed and would welcome the town accepting ownership of the fee interest or at least the flowage rights."
Commissioners asked for a formal briefing before making any decisions. S3 acknowledged a reluctance to accept potential liabilities: "I don't wanna be in a position where, as a town, we're taking on some exposure," and said the commission invited representatives, including the entity's attorney, to present at an upcoming meeting so members could learn what accepting flowage rights would entail.
What’s next: the commission expects a presentation from Brentwood Dam Ventures (and/or its counsel) at an upcoming meeting and indicated follow-up questions would focus on the legal meaning of "flowage rights," long‑term maintenance, and liability exposure. The commission noted the grant award and Army Corps requirements but did not vote on any action; no formal transfer or acceptance was made at this meeting.
