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.
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