Watermark
Planning and Permits
Frequently asked questions...
When do we need a Wetlands Permit for work on, in, or near the water?
All work "in the water" will require a NH DES Wetlands Bureau permit excluding a mooring (which requires a separate permit) or a swim raft (which is exempt from permitting). The NH Wetlands jurisdiction ends at the "top of the bank" so any work on the bank also requires a Wetlands Permit. Most any work within 250 ft of the water will require a NH DES Shoreland Permit (eff. 7/1/08).
Therefore, just about any work on, in, over, and near the water will require at least one permit from the State of NH.
Do I need both a Shoreland and a Wetlands Permit?
In some cases, yes. For example, a new dock and beach alone may only require a Wetlands Permit, but these same impacts as a component of a redevelopment project will most likely require both.
The new CSPA has a provision to allow the Wetlands Permit to superseed the CSPA permit, but it does not exempt one from the CSPA standards. For example, a perched beach permit "in the bank" will only require a Wetlands Permit, but the applicant will be required to show the tree scores and that the project meets the intent and standards of the CSPA.
Wetlands permit fees will not be "doubled-up" when applying for a CSPA permit at the same time. An applicant will only be required to pay the impact fees once even if there is overlap of the impacts on the permit application. If you pay the fees for a beach to the Wetlands Bureau, these fees will not be charged if this beach component of the project is included on the CSPA permit plans.
How many docks can I have?
Docks are based upon "average frontage". Take the actual shoreline frontage (measured along the full lake, high tide, or legal elevation) and average with the pin-to-pin frontage to obtain the "average frontage". For example, a lot with 155 ft pin-to-pin and 172 ft along the shore has 163.5 ft average frontage.
THE 75 ft RULE: take the average frontage and subtract 75. Then divide this number by 75. Then add 2 and round off to the lower whole number. The result is the "allowed" number of boatslips. In the above example, you will be allowed 3 boatslips (3.18 result). This translates into the first 75 ft is allowed 2 slips (one dock with a slip on each side) and each additional 75 ft allows one more boatslip. A "U" shaped dock with 12 ft between fingers on lakes over 10,000 acres will count as three boatslips.
What is a boatslip?
A "boatslip" is defined as 8 ft wide x 25 ft long x 3 ft deep on lakes over 10,000 acres and 6 ft wide x 25 ft long x 3 ft deep on lakes under 10,000 acres. Then each slip is allowed "navigation space" of 2 ft on either side of the vessel. Therefore, a boatslip on Lake Winnipesaukee is 12 ft wide (8 ft + 2 ft + 2 ft) and on Lake Sunapee is 10 ft wide (6 ft + 2 ft + 2 ft).
Can I get a longer dock?
If the water is shallow, perhaps. Measure the water depths out from shore until you reach a depth of 3 ft ( at "Full Lake Level"). Once you establish the location of the 3 ft depth contour, you are allowed to extend 25 ft beyond this line (one boatslip length). Therefore, if you had a situation where the 3 ft contour is 18 ft from shore, you can seek a 43 ft long dock permit (18 + 25). This is, of course, all subject to navigation, safety, and the individual lot specifics.
Can I build a boathouse?
Not over the water. In certain circumstances, you may be allowed a "dug-in" boathouse that will be entirely contained in your land (not out in the lake). There are a few Towns that has zoned-out boathouses, so these types of permits are very site specific.
What information is required to start the process?
We first like to consider the present permit and existing conditions status. Things such as; existing permits, existing complaints or violations, existing conditions that are un-permitted or not constructed as per an old permit are the starting point for any future plans. For example, a dock which has a previous permit is much easier to work with than a dock which was not constructed consistent with the old permit. An old boathouse without any previous permits may generate an interesting search for the history of the structure.
As permits are issued to the landowner, it is important to prepare all the paper in the actual legal name of the landowner. Trusts, partnerships, and LLCs are common ownership types that should be named as the legal owner of the property. Any permits issued for shoreline structures will include a requirement that the permit be registered with the appropriate Registry of Deeds so the legal owner names should match.
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RE-DEVELOPMENT, ADDITIONS,
CONSTRUCTION
DOCKS, BEACHES, LANDSCAPING, SEPTIC SYSTEMS
SHORELINE STABILIZATION, REPLANTING, RESTORATION
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info@watermarkenvironmental.com
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