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Planning and Permits

SHORELAND (CSPA) - Frequently asked questions...

Many answers here are edited from the NH DES Website (click here for more info)

When DO I need a Shoreland Permit?

Most any work within 250 ft of the water will require a NH DES Shoreland Permit.  A shoreland permit is empowered by the Comprehensive Shoreland Protection Act (CSPA).  This statute, NH RSA 483-B, was amended during 2006-07 to include a permit provision.

New construction or construction that modifies the footprint of existing impervious surfaces on a lot within the protected shoreland, using mechanized equipment to either excavate, remove or form a cavity within the ground within the protected shoreland and filling any area within the protected shoreland with rocks, soil, gravel or sand requires a shoreland permit.

Therefore, most any project within 250 ft of the shoreline will require a CSPA permit from NH DES.

When DON'T I need a Shoreland Permit?

There are a limited amount of specific projects that do not require a permit from NH DES.  These include a limited list of exceptions:

  • Trimming, pruning, and thinning of branches to the extent necessary to protect structures, maintain clearances, and provide views.
  • Maintenance of legal, existing, altered areas, such as mowing lawns, raking leaves and pine needles, mulching landscaped areas and haying fields. 
  • Planting one or more trees within existing altered areas more than 50 feet from the reference line with mechanized equipment.
  • Planting of non-invasive vegetation and maintenance of existing gardens. 
  • Hand-pulling or use of hand tools to remove invasive species or other noxious or harmful plants such as poison ivy, including the root systems, provided that any area exceeding 10 square feet without vegetation be replanted with non-invasive, non-harmful species.
  • Placement of stepping stones, provided no root systems are removed to accommodate their placement. 
  • Placement or installation of readily moved items such as picnic tables, lawn chairs, and swing sets.
  • Construction or installation of fences using hand tools. 
  • Maintenance, repair or modification of an existing driveway, including repaving, provided that there is no increase in impervious area.
  • Maintenance, repair or modification of an existing primary or accessory structure that does not:
    1. Alter the footprint or impervious area of the structure.
    2. Require, or result in, the alteration of previously unaltered areas.
    3. Increase the number of residential dwellings on the property
    4. Require, or result in, any excavation or filling within the protected shoreland
    5.Exceed the criteria of the Shoreland Rule (Env-Wq 1405) associated with accessory structures.
  • Modifications to an existing structure that minimally changes the outside dimensions of the structure, provided the work does not require excavation or filling such as installing a skylight or dormer or putting new siding over old siding.
  • Installing private water facilities such as a well including associated connection lines. 
  • Forest management that is not associated with shoreland development or land conversion that is conducted in compliance with RSA 227-J:9.
  • Forestry conducted by or under the direction of a water supplier for the purpose of managing a water supply watershed. 
  • Agricultural activities and operations defined in RSA 21:34-a and as governed by RSA 430.
  • Digging test pits for the purposes of determining suitability for wastewater disposal under RSA 485-A:29 relating to subdivisions or septic systems, provided there is no disruption of groundcover within 50 feet of the shoreline and no test pits within 75 feet of the shoreline. 
  • Replacing utility poles or guy wires using mechanized equipment, provided that appropriate siltation and erosion controls are used and all temporary impacts are restored.
  • Digging test pits for the purposes of determining suitability for wastewater disposal under RSA 485-A:29 relating to subdivisions or septic systems, provided:
    1. There is no disruption of groundcover within 50 feet of the reference line.
    2. No test pits are dug within 75 feet of the reference line unless required in order to evaluate eligibility for replacement under Env-Wq 1003.10.
  • Use of hand tools, such as augers or tile spades, to install monitoring wells, piesometers and flow meters , for:
    1. Evaluating site conditions as necessary for the submittal of information required by a permit application under RSA 482-A relating to wetlands, RSA 485-A:29 relating to subdivision of septic systems, or RSA 485-A:17 relating to alteration of terrain.
    2. Educational purposes.
    3. Monitoring hydrology.

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 A 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 and CSPA 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 do I know what I can do at my property?

Unfortunately, little can be accurately analyzed without a sketch plan of the existing conditions.  If the lot has never been developed, the standards are relatively clear, but if there are existing structures or existing development on the site, then things can get confusing.

STATE SETBACK:  the NH state primary structure setback is 50 ft from the reference line (water) or greater if locally zoned.  Accessory structures must be set back 20 ft and are limited to 1.5 sq ft per foot of average shoreline frontage (subject to Waterfront Buffer standards).

WATERFRONT BUFFER:  the first 50 ft is now called the Waterfront Buffer.  There are tree cutting limits regulated by 50 x 50 grids and a point system that requires 50 tree and sapling points in each grid.  A 1" - 6" tree is one point, 6" - 12" is five points, and greater than 12" is 10 points.  Properties with less than 50 points in each grid are not required to re-plant, but must maintain at least the existing score.

VACANT LAND:  up to 20% impervious surfaces within 250 ft of the water and up to 30% if a stormwater management plan is implemented.  Areas outside the impervious surfaces must remain "unaltered" for 50% of the balance of the area outside the impervious limits within the Woodland Buffer (150 ft zone).  Therefore, once you determine  the area of the lot within 250 ft of the reference line, you can multiple by 20% or 30% to figure the allowed impervious area.  Once you know the area of impervious surfaces that will be located within the Woodland Buffer (150 ft zone) you can then calculate the amount of land that must remain in an unaltered state.

DEVELOPED LAND:  while the same standards apply, if the lot already exceeds the impervious limits (many already do), or exceeds the unaltered calculations, you do not necessarily need to meet the standards.  RSA 483-B provides that one does not need to meet the new standards, but re-development must be "more nearly conforming" and provide "at least the same protection" for waters.  Therefore, if you property is already at 35% impervious, then your proposal cannot exceed this, and in many cases, a reduction will meet the burdens above.  Each site is different and creative solutions are encouraged.

What is an impervious surface?

Impervious surfaces are defined as any modified surface that cannot effectively absorb and infiltrate water. Examples of impervious surfaces include, but are not limited to, roofs, decks, patios, and paved, gravel, or crushed stone driveways, parking areas, and walkways unless designed to effectively absorb and infiltrate water.   Please note that this specifically includes gravel and crushed stone driveways and all decks and patios, unless designed to absorb water.

Rocks, exposed ledge, and natural features on a property are not considered a modified surface and are not included when calculating the impervious area of a lot.  

Learn more at the NH DES FAQ Page...

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