Dam site 35 is considered a "high hazard Class C structure" by the New Hampshire Department of Environmental Services, meaning there is a greater danger of flooding damage to structures due to dam failure.
As a result of this classification the state inspects the dam more frequently and requires access for dam maintenance.
Recently it was reported that over 60 graves in the Smithville Cemetery were located in an area that the state might need to stage equipment for dam maintenance. In the worst case scenario the town may be required to move these graves since there is a dispute over land ownership where the graves are located.
Recently the Boston Station WHDH aired a news item on the disputed land.