ENVIRONMENTAL FACT SHEET
NHDES Technical Bulletin NHDES-CO-1994-2
COMPREHENSIVE SHORELAND PROTECTION ACT RSA 483-B
Recognizing that the shorelands of the State of New Hampshire are among its most valuable and fragile natural resources, and that the protection of these shorelands is essential to maintain the integrity and exceptional quality of the state's public waters, the General Court passed the Comprehensive Shoreland Protection Act in 1991. While the Act was passed in 1991 it became effective, in its entirety, on July 1, 1994.
The Act establishes minimum standards for the future subdivision, use and development of the shorelands of the state's public waters. When repairs, replacements, improvements or expansions are proposed to existing development, the law requires these alterations to be as consistent as possible with the intent of the Act. The minimum standards only apply within the protected shoreland. DES will be responsible for enforcing the standards within the protected shoreland, unless a community adopts an ordinance or shoreland provisions which are equal. to or more stringent than the Act. In addition to the standards of the Act, development within the protected shoreland must always comply with all applicable local and state regulations. Development outside the protected shoreland shall not be subject to the standards established in the Act but still must comply with all applicable local and state regulations.
The protected shoreland means for natural, fresh water bodies without artificial impoundments, for artificially impounded fresh waterbodies, for rivers and for coastal water, all land located within 250 feet of the reference line of public waters. The reference line is that point on the shoreline from which the 250' protected shoreland is measured, it is- not the boundary between public and private property. Please see 483-B:4 XVII for a specific description of reference line. The Act defines public waters as all waterbodies with a surface area of 10 acres or more, al I 4th order or higher watercourses, estuaries and coastal waters.
The Act spells out which uses will be prohibited, which uses will be allowed with permits, and which uses will have to comply with minimum standards, in the protected shoreland. The Act addresses preexisting non-conforning lots and structures, as well as exemptions from the law. Those actions which constitute a violation of the law and the penalties which may be implemented under the Act are also included. The following outline highlights the specifics of the Act.
Prohibited Uses:
The establishment or expansion of:
salt storage yards
auto junk yards
Solid or hazardous waste facilities
No fertilizer, except lime or wood ash shall be used on lawn or grass areas on all existing and future residential properties.
Other Allowable Uses (consistent with the purpose of RSA 483-B and permitted under other state and federal laws):
Public water supply facilities
Public water and sewage treatment facilities
Hydro-electric facilities
Public utility lines
Existing solid waste facilities
Water dependent structures regulated by the Wetlands Board.
Minimum Standards:
All new lots, including those in excess of 5 acres, are subject to subdivision approval by DES.
Erosion and siltation control practices must be implemented with any construction project within the protected shoreland. However, anyone altering 50,000 contiguous square feet or more of terrain must apply for an "Alteration of Terrain" permit from DES.
The leaching portion of septic systems must be set back, depending upon the soil conditions, at least 75', 100' or 125' from the reference line of lakes, ponds, estuaries and coastal waters, and at least 75' from rivers. Please see 483-B:9Vb for a description of the soil conditions. Replacement systems shall comply with the law to the maximum extent feasible. The installation of septic systems must be approved by DES.
Where existing, a natural woodland buffer shall be maintained within 150 feet of the reference line. Within this natural woodland buffer, the following shall apply:
not more than a maximum of 50 percent of the basal area of trees and a maximum of 50 percent of the total number of saplings can be removed in a 20 year period, a healthy well distributed stand of trees, shrubs, groundcovers shall be left in place;
trees, saplings, shrubs and groundcovers, removed for building construction, accessory structures, septic systems, roadways, pathways and parking areas are excluded when computing percentage limits;
dead, diseased, unsafe, noxious or fallen trees may be removed, and their removal shall not be used in computing the percentage limits;
stumps and their root systems located within 50 feet of the reference line must be left intact;
replacement planting with native or naturalized species may be permitted to maintain the 50 percent level; and
dead and living trees that provide dens and nesting places for wildlife are encouraged to be preserved, and planting efforts that are beneficial to wildlife are also encouraged.
Primary structures shall be set back at least 50 feet from the reference line. However, upon the establishment of a shoreland building setback by a municipality, that standard, whether greater or lesser than 50 feet, shall define the primary building line in that municipality.
Accessory structures may be located between the reference line and the primary building line.
The law addresses minimum lot size for residential and non-residential development in the following manner:
afor residential and non-residential development, the minimum size for new lots in areas dependent upon on-site septic systems shall be determined by soil type lot size calculations;
residential and non-residential lots in areas serviced by municipal sewers shall conform to municipal minimum lot standards;
for residential and non-residential development, waterfront parcels held in common by one or more owners of contiguous interior parcels may be developed, but only in a manner consistent with the law;
for projects dependent upon on-site sewage and septic systems, the total number of residential units, whether built on individual lots or grouped as cluster or condominium developments, shall not exceed one unit per 150 feet of shoreland frontage; and
non-residential development requiring on-site water and sewage shall not be constructed on lots less than 150 feet in width.
The Commissioner has the authority to grant variances from the minimum standards using criteria that are modeled after municipal variance criteria.
The stipulations for non-conforming lots and structures, as outlined in the law are as follows:
Non-conforming, undeveloped lots of record that are located within the protected shoreland shall comply with the following, in addition to any local requirements:
Present and successive property owners may construct a single family residential dwelling and related facilities, but must show compliance to the greatest extent feasible with the intent of the law.
Except as otherwise prohibited by law, pre-existing non-conforming structures may be repaired, improved, or expanded. No alteration shall extend the structure closer to the reference line, except that the addition of an open deck or porch is permitted to a maximum of 12 feet toward the reference line.
Exemptions from the law shall apply in the following situations:
A municipality may request the Commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the municipality finds that special local urbanization conditions exist in the protected shoreland.
All agricultural practices and operations, provided they are in conformance with the most recent best management practices.
Forestry, involving water supply reservoir management.
The State Port Authority may request an exemption.
A municipality which adopts a shoreland protection ordinance with requirements which are equivalent to or more stringent than the Act.
Rivers, or segments thereof, designated by the legislature and approved for management and protection under RSA 483 prior to January 1, 1993.
The violations outlined in the law, are:
Failure to comply with the provisions of the chapter.
Failure to obey an order of the commissioner or a municipality issued relative to this chapter.
Misrepresentation by any person of a material fact made in connection with any activity regulated or prohibited by this chapter.
Any person who violates this chapter and any person who purchases land affected by a violation of this chapter who knew or had reason to know of the violation shall be liable for remediation or restoration of the affected land.
If you should have any questions, or need additional information regarding the Comprehensive Shoreland Protection Act (RSA 483-B), please call DES at 271-3503