Comprehensive Shoreland Protection Act – New Hampshire
It’s been nearly 3 years since the CSPA was enacted, but there is still more to learn about the requirements, and the use of Waivers and Variances. Building with in the Shoreland zone has gotten more expensive (permitting) and the days of McMansions taking up the entire foot print of the site are over. This act has added an additional 1,390 miles of river to the protection area. If you are interested in building on a Waterfront site in N.H. plan early for delays…if an existing property is in your sights, you can still buy a property much closer to the waters edge than you can currently build one.
Pictured above is a Condo Project we developed and sold back in the late 1980’s…You’ll never see one this close to the water again, so re-sales can offer something new construction can not. Just be careful if you intend to renovate in the future, as you’ll be subject to state permitting too.
A brief summary of the substantial changes effective July 1, 2008 are:
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PERMIT REQUIRED |
most all work within the protected shoreland now requires a formal permit from the NH DES Shoreland Division (there are a few exceptions - see CSPA rules). Work in the bank that requires and receives a NH DES Wetlands Bureau Permit will not be required to seek a separate CSPA permit, but will be reviewed such that the project meets the CSPA standards related to the project... |
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IMPERVIOUS LIMITS |
all land within the protected shoreland is now subject to impervious surface limits of 20% or 30% coverage subject to varying levels of environmental protections and stormwater management (see above)... |
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WATERFRONT BUFFER |
all land within 50 ft of the reference line is now subject to tree cutting and groundcover impact restrictions based upon a 50 ft x 50 ft grid system and is called the "Waterfront Buffer"... |
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UNDISTURBED AREA |
all land in the "Woodland Buffer" (150 ft of the reference line) is now subject to a restriction on disturbance - 50% of the area outside the impervious area limits must be maintained in an "unaltered state" including temporary impacts (see specific rules detail for lots less than 1/2 acre)... |
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STATEWIDE 50 ft SETBACK |
all new primary structures must be set back at least 50 ft from the reference line statewide (towns and cities cannot set lower limits, but may enact greater standards)... |
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In the past shoreland oversight , rules and permits used to occur at the municipal level, the new CSPA requires that landowners seeking to commence construction, excavation or filling activities within the Protected Shoreland must obtain a new permit or exemption directly from the New Hampshire Department of Environmental Services (DES). "Protected Shoreland" remains defined as all land within 250 feet of the natural mean high water level, high tide line, or full pond waterline for artificially impounded water bodies. However, the revised CSPA reinvents many of the restrictions that had applied to development within the Protected Shoreland.
Simply stated these laws require anyone seeking to alter in anyway property that is with in 250 feet of a major water way – to apply for a Permit at the state level. Further since in most cases the applicant is seeking to build (using impervious material) you will be paying for engineering to accompany the application. You will need to know the exact location, size and disturbance area required to complete your project. And you’ll need to be prepared to wait for the states approval before you scratch the surface of the property.Need waterfront advice for your building project give Alpine Lakes Realty a call.
Waterfront homes and condos designed and built by Cargill Construction Co.
Your-White Mountain New Hampshire real Estate Expert
steve@alpinelakes.com toll free 800-926-5653 /cell 603-381-7898
MLS search and Realtor web site: www.alpinelakes.com
My outside Blog: www.steveswhitemountainblog.com
Lincoln NH & Local interest site: www.localism.com/nh/lincoln
