Recent Changes to RSA 483-B (Shoreland Water Quality Protection act)
 

Senate Bill 30 has passed and became effective on September 9, 2017, resulting in several changes to the Shoreland Water Quality Protection Act, RSA 483-B. These changes fall into two broader categories:

The following changes regarding vegetation management were made to maintain a more natural distribution of vegetation along the shore and to alter definitions of terms to clarify existing standards.

The waterfront buffer segments used in the calculation of the vegetation point score have been decreased in width along the reference line from 50 feet to 25 feet. Segments still extend 50 feet inland. The points required within each full segment have decreased proportionally from 50 points to 25 points. In addition, for the purposes of required replanting within the waterfront buffer, the point limits for shrubs and ground cover within each full segment have reduced from “at least 15 points and not more than 25 points” to “at least 5 points and not more than 10 points”.

Definitions and terminology have been altered to clarify the existing regulations on vegetation management within the 150 foot wide area adjacent to protected waters, now defined as the “woodland buffer.” On any given lot, at least 25 percent of the woodland buffer area located between 50 feet and 150 feet from the reference line shall be maintained as natural woodland. The vegetation, exclusive of lawn, within the natural woodland shall be maintained in an unaltered state or improved with additional vegetation.

The following changes regarding the permitting process were made to promote better coordination between programs.

All projects solely funded by municipal, county, state, or federal entities are now exempt from permitting fees.

Timeframes associated with requests for more information now correspond to those in effect for wetlands permits. An applicant must respond to a NHDES Request for More Information within 60 days (reduced from 120 days). NHDES must make a decision following an applicant’s response to a Request for More Information within 30 days (increased from 20 days).

The complete bill language can be viewed at: http://www.gencourt.state.nh.us/bill...=pdf&v=current

So if I am understanding this, basically the grid system at the waterfront buffer was cut in half, and the points were reduced by half as well in that segment?

I have an application in process that was received in September 5th, so I assume that I miss the cutoff for the changes?

Thanks for posting, Shore Things. It sounds like this will make it easier to follow the law and calculate points, especially in areas where he shoreline varies a lot.

In the woodland buffer, what about trimming unsafe branches and trimming to keep trees healthy

This is still possible. Nothing about the amount of vegetation or way vegetation is maintained in the Woodland Buffer changed. It is only reworded in a way that we hope is easier for everyone to understand.

It should not affect your project review. Please keep in mid that cutting vegetation isn't what DES is actually permitting. We are tasked with requesting evidence that shows the owner understands what the vegetation maintenance requirements are and that they will adhere to them when conducting future cutting, landscaping, etc. We are going to focus on whether or not your application shows that there is an understanding that vegetation requirements exists. Then we should be able to add a condition stating reinforcing the need to stay up to date on the requirements and hopefully avoid the need for anyone to revise plans already submitted.

Address the Dam Problem?
 

While DES protects Winnipesaukee's shorefronts from flagrant removal of shoreline trees, an emerging issue appears to be forming with Lakeport dam operations.

Recent Spring "holdback" keeps Winnipesaukee's level historically elevated at the beginning of summer—just when "specialized" wake-surfing boats are washing silt and shoreline plantings into the lake. Proliferation of NWZs are a flag—not just to boating comfort, but to serious shoreline erosion.

Combined with runoff from hardened surfaces like driveways and roofs, this new sport, among "the usual suspects" :rolleye1:, drags the compounds of Phosphorus, Aluminum, and Nitrogen into the lake at the beginning of the growing season for bacteria and exotic plants.

• Phosphorus grows the bacteria responsible for blue-green algae—a poison. The spores of Cyanobacteria species are appearing earlier in September than usual.

• Aluminum is poisonous to crayfish and kills fish when concentrated enough. Yesteryear's huge schools of tiny fish are gone.

• Nitrogen is a rich fertilizer for exotic milfoil and other invasive plants.

(None of these elements, or their compounds, benefit lakes).

While DES is to be commended for their "frontline defense" of Winnipesaukee's water quality, why hasn't an excessive lake level been taken into account? The collapse of shoreline trees into the lake is accelerating.

The silting of muddied waters, such as appeared and photographed early this summer, is taking a toll on water quality.

After polling the summer campers of my generation, it's depressing to watch the rapid eutrophication of Lake Winnipesaukee in our lifetimes.
:(

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And let us not forget the damage that is being done to the shorefront from these wake setter boats and their huge waves. My shorefront is taking a beating and I have noticed that in front of the shorefront the lake bottom is getting seriously churned up. With all the concentration on shore land rules,apparently DES has no intention of addressing this serious issue. I find the lack of attention by DES to be really disturbing. They beat up property owners with shorefront land regulations but do NOTHING to regulate the extensive damage that is being done by these wave creating boats. Why.......?????????

Simply put, DES does not have the authority to regulate the type of watercraft allowed on public waters nor the way in which they are operated. I would suggest contacting your elected officials to share your experiences and possibly any ideas you might have for an equitable solution.

We're on the job
 

The Lake Winnipesaukee Association is working hard to reduce the flow of phosphorous and other contaminants into the lake, and slow the eutrophication process.

We are developing plans for the entire Winnipesaukee watershed. Details on our first three programs are available here:

http://winnipesaukeegateway.org/lake...agement-plans/

As we spread these analyses to the entire lake and work with dozens of community groups and hundreds of volunteers to implement the plans, we'll need plenty of help. Click on the Get Involved tab or PM me if you would like to receive more information on our efforts, volunteer your time, or lend us your (much needed) financial support.

Thank you for your very prompt response as well as all your help on the forum. I will try my local officials, but feel it is useless. Since DES is a state agency, it would be helpful if DES could engage the Marine Patrol...AKA State Police...to find solutions. My suggestion would be to set zones on the lake, at area where there are very wide water expanses, for these boats to operate and get them out of smaller coves where waves are destroying the shore land. I think that DES has a role...a big role... here if their goal is to fully protect the shore front lands from erosion. As a state agency, I know that state agencies talk to each other. The silt and land is being washed into the lake unabated. And yes, some trees are loosing their footings from erosion. DES certainly has a role here and it can be significant. Just my opinion.

All of your points have merit and we within state agencies do communicate. Please understand that what you are suggesting requires modification to the jurisdictions and legal authorities granted to the agencies you've mentioned. These are things that can only come through legislative action.

I could not agree more. In Green's Basin a family that owns one will wakeboard for hours and hours!

I agree that there is a problem.

When any regular boat boat passes by and it's wake hits your shore, it is over pretty quickly.

When the operator of the "make a big wake" boats decides that the water in the area of your house is the place his family wants to wakeboard then your shoreline may be subjected to hours of big waves as everyone in the family has their turn, falls, and has their turn again.

I have not noticed, as claimed by some, that the wakes dissipate quickly. Last week I had to make substantial repairs to my granite seawall that had been damaged by the repeated wakes hitting it.

And that doesn't address the hours of loud music that accompany these boats. At times, on otherwise nice days, when one of these boats is playing in my area, I have had to shut the windows in my house just so we can converse or watch TV. The speakers on the towers of a wakeboard boat are placed to broadcast the music across the lake thus annoying a substantial number of people from the mainland to the islands.

If the music is that important to the enjoyment of the person in the water behind the boat how about a waterproof headset so they get their choice of loud music and the rest of the people attempting to enjoy the lake are not disturbed?

I wonder how the Marine Patrol would handle a call with a compaint of "disturbing the peace?"

I also agree this is an issue. Although I do not think that all these coves should be no wake zones, but much like the no rafting areas there can be areas that are no water sport zones (ie repeated wake boarding, tubing water skiing ect) for the areas most susceptible to shoreline damage from from repeated wakes.

One of the biggest problems we have encountered is when one of these boats comes down one side of where a boat(s) is at anchor, and makes a turn around it(them) and heads out the other way. The resulting waves invariably meet where the boat(s) are anchored and that is where the "fun" starts. These cross wakes will toss my 25' Mariah around like a cork, spilling the contents of cups or cans in a cupholder, as well as tossing around the occupants.
I can handle them when they just pass by, but don't make the turn close to boats
at anchor. The resulting waves can be downright dangerous.

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This thread is starting to come off the rails, there is already a thread in the lake issues section regarding "wake-setter" boats.

Wakes have always been an issue and always will be, but the large boats, circumvention of existing laws, etc that are the major problems.

Sorry but that is not something that should happen. If we make half the lake No Rafting and the other half NWS (No Water Sports) then those that chose to enjoy the lake for water sports purposes are forced onto the broads or other high traffic area, now we need to make those areas NWZ or risk hitting others that are enjoying the lake in their own way.

FWIW, 100% of the lake users will never be happy 100% of the time.

I am certainly not saying half the lake just certain small areas that people tend to perform water sports that can create severe damage to the shoreline again very small areas not areas such as Paugus bay and the like just the tiny coves


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I am in Blackey Cove and we are constantly under siege with these wave setter boats. One person...who lives in the cove, goes back and forth for hours of time. We cannot even sit on the end of our dock with the waves breaking on shore. And he isn't the only one. We see many other boats coming from other areas to use our cove and abuse the shore land. These waves are terrible. Time for DES and the Marine Patrol to do something. I agree...setting up some areas that are more open would certainly help. If these folks want waves, why aren't they operating in areas where there is a lot of boat traffic? The damage that is being done is large. I have had broken mooring whips, broken dock lines, etc. and have had to install screw anchors and stiffeners onto my dock to help prevent them from being further damaged. It just isn't fair. My shorefront is getting broken apart, rocks are getting moved on the lake bottom and dirt from land moved to the water. There are all kinds of regulations that you cannot disturb the lake bottom, but these boats are allowed to pursue their fun with no penalty. Just penalize the shore front folks is the usual practice....bah humbug.

Can We Hold Off on The "Fun"?
 

Behold the murk...

As I see it, high water in early summer is washing more soil into the lake—uprooted trees being an obvious indicator.

https://www.winnipesaukee.com/forums...1&d=1505731686

Taken later this summer, the White Pine above now has collapsed into the lake, with two more White Pines ready to fall—from even higher on the bank. Soil rained-away from the root-ball (and the exposed embankment) will degrade the lake.

Enlarged portions of the below picture show exposed roots of mature living trees up-slope, and several previously-fallen trees along the shoreline show the serious erosion caused by inattention to Spring's "extra" water levels. :(

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Yes we have all seen this image... several times! Post it as many times as you choose, but the answer is still the same..contact your representatives

Water has been carving new landscape for centuries and i suspect it will continue to do so.