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Old 07-12-2018, 09:32 AM   #14
Onshore
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In 1998 the following language was added to RSA 482-A:

"RSA 482-A:3 Excavating and Dredging Permit; Certain Exemptions. –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."

Docks installed after 1998 must therefore be 20 feet off the imaginary extension of the property line unless a signed notarized waiver of the setback is obtained from the affected abutter.

Prior to 1998 the setback for docks was established in the Administrative Rules adopted under RSA 482-A by the Wetlands Bureau. Between 1992 and 1998 the rules required a 20 ft. setback. I do know that during the late 70's and through the 80's the setback was only 10 feet by Rule. Sorry but I haven't had time to pin down the exact date of the change from 10 ft. to 20 ft.

Docks that were first installed prior to 1969 would not have been subject to a setback requirement.

Please note that the law specifies that the setback is from the imaginary extension of the property line meaning it continues over the water along the same heading of the property line. Thus the extension is frequently not perpendicular to shore.
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