High Water Mark

SAMIAM · 06-08-2008, 11:29 AM

Just curious...who determines where the high water mark is,and what are the standards? I was just thinking that that sometimes in the spring,the water is all the way over the beach and 20' up the lawn.Does that make it public property?

Bear Islander · 06-08-2008, 11:51 AM

Quote:

Originally Posted by SAMIAM

Just curious...who determines where the high water mark is,and what are the standards? I was just thinking that that sometimes in the spring,the water is all the way over the beach and 20' up the lawn.Does that make it public property?

This refers to rivers but I don't think there is a seperate definition for lakes.

CHAPTER 483-B
COMPREHENSIVE SHORELAND PROTECTION ACT
Section 483-B:4

XI-c. "Ordinary high water mark'' means the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water mark is not easily discernable, the ordinary high water mark may be determined by the department of environmental services.

Kamper · 06-08-2008, 11:55 AM

If they float over it, no. The lake is a public right of way.

If they use a pole, anchor or get out and push they might be trespassing if your land is posted. I've never heard anything about NH law on submerged lands so I am not sure about that.

There are some exchanges on this thread about rafting that you might find relevant even though they are another side argument...

http://www.winnipesaukee.com/forums/...highlight=feet

#'s 53 54 55 56 63 71

Skip · 06-08-2008, 01:25 PM

Bear Islander's definition is correct...the high water mark is a fixed location determined by historic & natural means as he indicated. If there is a dispute, the Department of Enviromental Services is the designated agency (by State law) to make a determination.

As to the point of your question, unless your property is posted, or the landowner or a designee has told a party to leave an area, tresspass does not normally occur in New Hampshire (New Hampshire is a common law "open property" State).

That said, the excess water over your property does not constitute it being public waters, it is still your property, but for tresspass to occur the circumstances would need to be "unique".

Out of curiosity....do folks indeed boat over your property during these conditions?

SAMIAM · 06-09-2008, 06:10 AM

No,Skip,that was just a hypothetical....although I have had people raft 50' offshore.It doesn't happen often so we don't worry about it.I was just curious about the mark itself and BI had a good amswere.

SIKSUKR · 06-09-2008, 12:46 PM

Agree with BI on this one if you are refering "ordinary" high water mark.100 year water mark is another measure which is usually the highest the water has reached in 100 years.

06-08-2008, 11:29 AM	#1
SAMIAM Senior Member Join Date: Apr 2004 Location: Moultonborough Posts: 2,836 Thanks: 326 Thanked 1,626 Times in 562 Posts	High Water Mark Just curious...who determines where the high water mark is,and what are the standards? I was just thinking that that sometimes in the spring,the water is all the way over the beach and 20' up the lawn.Does that make it public property?

06-08-2008, 01:25 PM	#4
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	High water mark.... Bear Islander's definition is correct...the high water mark is a fixed location determined by historic & natural means as he indicated. If there is a dispute, the Department of Enviromental Services is the designated agency (by State law) to make a determination. As to the point of your question, unless your property is posted, or the landowner or a designee has told a party to leave an area, tresspass does not normally occur in New Hampshire (New Hampshire is a common law "open property" State). That said, the excess water over your property does not constitute it being public waters, it is still your property, but for tresspass to occur the circumstances would need to be "unique". Out of curiosity....do folks indeed boat over your property during these conditions?

06-09-2008, 12:46 PM	#6
SIKSUKR Senior Member Join Date: Apr 2004 Posts: 5,075 Thanks: 215 Thanked 903 Times in 509 Posts	Agree with BI on this one if you are refering "ordinary" high water mark.100 year water mark is another measure which is usually the highest the water has reached in 100 years. __________________ SIKSUKR

06-08-2008, 11:55 AM	#3
Kamper Senior Member Join Date: Jul 2005 Location: Thornton's Ferry Posts: 1,296 Thanks: 67 Thanked 166 Times in 126 Posts	If they float over it, no. The lake is a public right of way. If they use a pole, anchor or get out and push they might be trespassing if your land is posted. I've never heard anything about NH law on submerged lands so I am not sure about that. There are some exchanges on this thread about rafting that you might find relevant even though they are another side argument... http://www.winnipesaukee.com/forums/...highlight=feet #'s 53 54 55 56 63 71

06-09-2008, 06:10 AM	#5
SAMIAM Senior Member Join Date: Apr 2004 Location: Moultonborough Posts: 2,836 Thanks: 326 Thanked 1,626 Times in 562 Posts	No,Skip,that was just a hypothetical....although I have had people raft 50' offshore.It doesn't happen often so we don't worry about it.I was just curious about the mark itself and BI had a good amswere.