docks and property lines

[GreggPro]

Could someone tell me where I can find the rules and reg. on property lines and setback of dock location.

[hemlock]

nh.gov wetlands env402-04 specifies 20 foot setback from property lines and imaginary extension of the line over the water

Town setbacks may be greater however it is questionable as to whether they have legal jurisdiction.

The link below will bring you to the rules document.
http://des.nh.gov/organization/commissioner/legal/rules/documents/env-wt300-700.pdf

[winnipiseogee]

The rules are a combination of the state's shoreland protection act and your town's zoning ordinances. I've tried many times to apply common sense to what I read in the law but it never seems to work. What I think the law says is never actually what it says.

My suggestion is that you talk to a permitting expert. Its worth the consultation fee (if any) because then you get an answer you can be sure of.

I typically use: http://nhenvironmentalconsultants.com/about_us

I know watermark is also the 800lb gorilla for winnipesaukee permitting so I'm sure they could help too!

[wifi]

Keep in mind, if you are trying to go after a neighbor, there are lots of grandfathered installations.

If you are looking at a new installation, then the current law applies.

[RLW]

http://i44.tinypic.com/1499wms.gif GreggPro, I was just browsing through the forum and noticed that you are fairly new to posting on the forum after joining back in Feb. 2013 We are glad that you have come aboard and joined us. Have fun and enjoy the Winni Forum while making many new friends.

Thanks for joining us and using the threads to try and get answers to a question you have.:)

http://i54.tinypic.com/2e56yqf.gif

[PaugusBayFireFighter]

Keep in mind, if you are trying to go after a neighbor, there are lots of grandfathered installations.

If you are looking at a new installation, then the current law applies.

Let's say a permit states "REPLACE EXISTING BOATHOUSE" (which was originally 7' from the property line) "NO EXPANSION" "NO CHANGE TO FOOTPRINT" and the new "rebuilt" expanded boathouse is now ON the property line, with the eves hanging over it...could this be a violation?:laugh::rolleye2:

[Onshore]

Docks are not regulated under the Shoreland Protection Act, RSA 483-B. They were regulated under the Wetlands Act, RSA 482-A more than 20 years prior to the enactment of the Shoreland Act and that was not changed with the adoption of Shoreland.

The setback language for docks is found in RSA 482-A:3. It reads as follows:

XIII. (a) All boat docking facilities shall be at least 20 feet from an abutting property line in non-tidal waters, and at least 20 feet in tidal waters.
(b) Boat docking facilities may be perpendicular or parallel to the shoreline or extend at some other angle into a water body, depending on the needs of the landowners, factors related to safe navigation, and the difficulty of construction. However, any boat secured to such a dock shall not extend beyond the extension of the abutter's property line.
(c) Notwithstanding the provisions of subparagraph (a), boat docking facilities may be located closer than 20 feet from an abutter's property line in non-tidal waters and 20 feet in tidal waters, if the owner of the boat docking facility obtains the written consent of the abutting property owner. Such consent shall be signed by all parties, notarized and filed with the dock application with the department of environmental services.
(d) Abutters may apply for a common dock on or near their common property line. Any application for a common dock shall be accompanied by a notarized written agreement which shall be signed by all property owners. Such agreement shall be filed at the registry of deeds and attached to the deed of each property owner.

Yes the dock setback is mentioned in Chapter Env-Wt 400 of the Wetlands Administrative Rules but the law always takes precedent over rule.

[BroadHopper]

There are more rules and regulations as mentioned above. According to the state, docks cannot be wider than 3' or more than 40' in length. Also, you can only have one dock or finger if you have 100' frontage or less. If you have frontage less than 40', technically you are not allowed a dock, but you can apply for an easement.

You can break the above rules if you replace an 'existing dock'. In the case of grandfathering, the old Burger King docks were not use for a few seasons so the rule did not apply. You may want to check on this.

[codeman671]

There are more rules and regulations as mentioned above. According to the state, docks cannot be wider than 3' or more than 40' in length. Also, you can only have one dock or finger if you have 100' frontage or less. If you have frontage less than 40', technically you are not allowed a dock, but you can apply for an easement.

You can break the above rules if you replace an 'existing dock'. In the case of grandfathering, the old Burger King docks were not use for a few seasons so the rule did not apply. You may want to check on this.

I think your numbers are a bit off. You can have 6' wide docks, and are eligible at 75' to have 1 finger/2 slips. Total length allowed is dictated by the body of water, depth, etc, with 40' being the max on a seasonal. Of course variances to this can be asked for.

Here is the seasonal application:

http://des.nh.gov/organization/commissioner/pip/forms/wetlands/documents/seasonal_dock.pdf