July 1, 2008 Changes to NH Comprehensive Shoreland Protection Act Affects Property Owners

In 2007, the State Legislature adopted amendments to New Hampshire's Comprehensive Shoreland Protection Act (CSPA) that became effective on July 1, 2008. Administrative rules (Env-Wq 1400) reflecting the changes have been revised by the Department of Environmental Services (DES). These changes to the CSPA are significant. Many owners feel the development potential of their shorefront property will be greatly limited due to the new restrictions and requirements for proposed shorefront projects.

How do these CSPA changes affect you, as a waterfront property owner?

With few exceptions, New Hampshire's revised CSPA states that you will not be able to "commence construction, excavation, or filling activities within the protected shoreland without obtaining a permit from the department….(RSA 483-B:5-b)." The "protected shoreland" includes all land within 250' of the shoreline of lakes and ponds greater than 10 acres in size, the bank of a 4th order or higher stream, or all waters subject to the ebb an flow of the tide. Land without direct frontage on these waters, but located within 250' of the bank or shoreline, is also subject to the CSPA.

In order to move forward with projects such as:

• development or re-development of your shorefront property
• expansion of your existing residence
• placement of a new or updated septic system
• placement of a foundation under an existing structure

• reference line of the water body (meeting point of land with that of official water elevation or stream bank)
• property lines
• 50' (Waterfront Buffer), 150' (Natural Woodland Buffer) and 250' setbacks from the shoreline
• existing tree locations, sizes and species within the Waterfront Buffer (some projects)

How the CSPA and DES Subsurface Systems Requirements Interact The NH DES Subsurface Systems Bureau, which monitors and reviews such activities as on-site septic systems and subdivision approvals, also saw changes to its rules, effective February 2008. Of these changes, property owners may likely find that Env-Wq 1004.15, regarding relocation/expansion of existing buildings or replacement of demolished/burned buildings, is one of the most significant: "Replacement of a building that has been burned or otherwise demolished, reconstruction of a building in a new location, or any expansion of an existing structure" shall require submission of an application to DES. It is important to note that the definition of expansion now includes an increase in the size of the footprint or ridgeline of a structure. Adding a second story to your existing residence? You need to submit to DES. Expanding your attached garage? You need to submit to DES.

How can Ames Associates help you work through these changes?