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The Shoreland Water Quality Protection Act
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A
Summary of the Standards
Effective July 1, 2008, A STATE SHORELAND
PERMIT is required for many construction, excavation or filling activities
within the Protected Shoreland. Forest management not associated with
shoreland development or land conversion and conducted in compliance with
RSA 227-J:9 or under the direction of a water supplier for the purpose of
managing a water supply watershed, and agriculture conducted in accordance
with best management practices as required by RSA 483-B, III is exempted
from the provisions of the CSPA. Projects that receive a permit under RSA
482-A, e.g., beaches, do not require a shoreland permit.
A complete list of activities that do not require a shoreland permit can be
found in the Shoreland Administrative Rules,
Env-Wq 1406.
| 250 feet
from Reference Line—THE PROTECTED SHORELAND: |
Impervious Surface Area Allowance.
Twenty percent of the area within the protected shoreland may be impervious
surface. This may be increased up to 30 percent if there are 50 points of tree
coverage in each 50 foot x 50 foot grid segment in the waterfront buffer (WB),
and a storm water management plan is submitted and approved by DES.
Other Restrictions:
- No establishment/expansion of salt
storage yards, auto junk yards, solid waste and hazardous waste facilities.
- All new lots, including those in
excess of 5 acres are subject to subdivision approval by DES.
- Setback requirements for all new
septic systems are determined by soil characteristics.
- 75 feet for rivers and areas where the there is no restrictive layer
within 18 inches and where the soil down
gradient is not porous sand and gravel (perc>2 min.).
- 100 feet for soils with a restrictive layer within 18 inches of the
natural soil surface.
- 125 feet where the soil down gradient of the leachfield is porous sand and
gravel (perc rate equal to or faster
than 2min/in.).
- Minimum lot size in areas dependent
on septic systems determined by soil type.
- Alteration of Terrain Permit
standards reduced from 100,000 square feet to 50,000 square feet.
- For new lots with on-site
septic, the number of dwelling units per lot shall not exceed 1 unit per 150
feet of shoreland frontage.
| 150 feet
from Reference Line—NATURAL WOODLAND BUFFER (NWB) RESTRICTIONS: |
- For lots that contain ½ acre or
more within the NWB, between 50 feet and 150 feet of the reference line,
the vegetation within at least 50 percent of the area, exclusive of
impervious surfaces, shall be maintained in an unaltered state.
- For lots that contain less than ½
acre within the NWB, between 50 feet and 150 feet of the reference line,
the vegetation within at least 25 percent of the area shall be
maintained in an unaltered state.
| 50
feet from Reference Line—WATERFRONT BUFFER and PRIMARY BUILDING
SETBACK: |
- Effective April 1, 2008, all
primary structures must be set back at least 50 feet from the
reference line. Towns may maintain or enact their own setback only
if it is greater than 50 feet.
- Within 50 feet, a waterfront
buffer must be maintained. Within the waterfront buffer, tree
coverage is managed with a 50-foot x 50-foot grid and points system.
Tree coverage must total 50 points in each grid. Trees and saplings
may be cut as long as the sum of the scores for the remaining trees
and saplings in the grid segment is at least 50 points.
- No natural ground cover shall
be removed except for a footpath to the water that does not exceed 6
feet in width and does not concentrate stormwater or contribute to
erosion.
- Natural ground cover,
including the duff layer, shall remain intact. No cutting or removal
of vegetation below 3 feet in height (excluding lawns) except for
the allowable footpath. Stumps, roots, and rocks must remain intact
in and on the ground.
- Pesticide or herbicide
applications must be by a licensed applicator only.
- Low phosphorus, slow release
nitrogen fertilizer may be used for the area that is beyond 25 feet
from the reference line. No fertilizer, except limestone, shall be
used between the reference line and 25 feet.
REFERENCE LINE: For
coastal waters it is the highest observable tide line; for
rivers it is the ordinary high water
mark; for natural fresh waterbodies it is the natural mean
high water level; and for artificially impounded fresh
waterbodies it is the elevation at the spillway crest or, if
there are flowage rights, the elevation of the flowage rights.
NON-CONFORMING STRUCTURES Are structures that, either
individually or when viewed in combination with other structures on
the property, do not conform to the provisions of the CSPA,
including but not limited to the impervious surface limits of RSA
483-B:9V(g). They may be repaired, renovated, or replaced in kind
using modern technologies, provided the result is a functionally
equivalent use. Such repair or replacement may alter the interior
design or existing foundation, but shall result in no expansion of
the existing footprint except as authorized by the department
pursuant to paragraph II of RSA 483-B.
A SITE ASSESSMENT is required prior to executing a purchase
and sale agreement for any “developed waterfront property” using a
septic disposal system and which is contiguous to or within 200 feet
of a great pond (a public water of more than 10 acres) as defined in
RSA 4:40-a and upon which stands a structure suitable for either
seasonal or year-round human occupancy.
For more information, please visit the DES
Shoreland Website at www.des.nh.gov
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