There is a whole lot of mixing and matching of different laws here confusing folks. There may also be some local regulations involved that are more strict than the State's.
First, any modification to a septic system needs to be approved by the NHDES Subsurface System Bureau. If the system is a replacement having the same capacity Shoreland tries to avoid having a redundant permitting requirement. if the new system results in expanded capacity (read more bedrooms, restaurant seating) then a Shoreland permit for new system is also required. Often in these cases the other changes on the property that are prompting the application for a bigger system already required a Shoreland permit.
Second, dug-in boathouses and any residence where any portion of that residence extends over public waters fall under the jurisdiction of what might be called the "wetlands law", RSA 482-A. In the case of residences that are over or partially over public submerged lands the law is very strict and does not gives the Dept. of Environmental Services any discretion:
482-A:26 Dwellings Over Water. –
"III. (a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only, using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted." (emphasis added)
On this site we seem to just be talking about a primary structure within 50 feet of the shoreline (reference line). This falls squarely under the shoreland protection law, RSA 483-B. (While Shoreland staff at NHDES also cover shoreline projects under Wetlands law it is very important to remember that there are two separate programs with separate laws and approval standards under each.) Shoreland law does allow repair in kind.
483-B:11 Nonconforming Structures. –
"I. Except as otherwise prohibited by law or applicable municipal ordinance, nonconforming structures located within the protected shoreland may be repaired, replaced in kind, reconstructed in place, altered, or expanded. Repair, replacement-in kind, or reconstruction in place may alter or remodel the interior design or existing foundation of the nonconforming structure, but shall result in no expansion or relocation of the existing footprint within the waterfront buffer."(emphasis added)
The next line of the same paragraph explains the conditions where expansion within the 50 foot primary building setback can be allowed.
"However, alteration or expansion of a nonconforming structure may expand the existing footprint within the waterfront buffer, provided the structure is not extended closer to the reference line and the proposal or property is made more nearly conforming than the existing structure or the existing conditions of the property. This provision shall not allow for the enclosure, or conversion to living space, of any deck or open porch located between the primary structure and the reference line and within the waterfront buffer."
Hopefully this helps clarify some things at the State level but remember local regulations do apply and if the town prohibits replacement in place the State would not override the local authority.
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