Rules for renovations on waterfront in NH

[RyanDe]

I always thought (maybe because Maines has these restrictions) that build/renovating close to the water (<250ft) was basically not possible. Maine has the 30% rule which means that the house can only be expanded 30% once and if that's been used it can't be. Does NH have something similar? The only rules I can find is permits have to be granted if it's closer than 250ft, anything closer than 50ft basically won't be approved but other than that it seems open. Is this true?

[P-3 Guy]

Originally Posted by RyanDe

Is this true?

No. The rules are here:

http://des.nh.gov/organization/commi...-wt300-700.pdf

[jeffk]

I am not an expert nor have I looked into this recently but while I believe the state has a 50 ft. setback, I think you CAN add a floor to an existing structure within the setback HOWEVER, the towns have a LOT of control as to what can be done and WHAT the towns allow can vary over time with no real written rule changes or so it seems. At one time in Moultonborough you couldn't add height. Then later, you could. Also, the builder you use can make a big difference. Some have better relationships with the various town agencies and seem to have more leeway.

So, it depends.

[tis]

I never heard that 30% rule in NH. You do have to leave a certain amount of permeable space on the property though, when you add or rebuild.

[MAXUM]

The state sets the initial bar of what you can and cannot do far as shorefront development/renovation and each discreet town may pile on top if they so desire with further guidance and or restrictions.

[BroadHopper]

I manage a construction project on Rocky Pond in Gilmanton. Owner was able to build on an existing 'footprint'. You can build up but you can't build out. The septic had to be moved to current compliance.

Build up he did from 1 story to 3!

[Onshore]

Originally Posted by RyanDe

I always thought (maybe because Maines has these restrictions) that build/renovating close to the water (<250ft) was basically not possible. Maine has the 30% rule which means that the house can only be expanded 30% once and if that's been used it can't be. Does NH have something similar? The only rules I can find is permits have to be granted if it's closer than 250ft, anything closer than 50ft basically won't be approved but other than that it seems open. Is this true?

That is essentially true. Construction, excavation, and fill within 250 ft. of a protected surface water needs a permit but most things can be permitted. New residential and commercial buildings cannot be constructed within 50 ft. of the water but existing buildings within that distance can be maintained and, if certain circumstances are met, expanded. It should also be noted that there is language in the law stating lots which would have buildable before the Shoreland Act passed cannot be rendered "unbuildable" solely as a result of the Act.

You do not want the rule set that was referenced by an earlier poster. Those are the Wetlands rules and cover beaches, docks, and bank stabilization. You want to review the Shoreland Act and Program rules found here: http://des.nh.gov/organization/divis...ries/rules.htm.
Make certain you get the newest rules package that was adopted December 17, 2016 found here: http://des.nh.gov/organization/commi...-adpt-pstd.pdf.
As to the significance of 30%, when major modifications were made to the Act in 2008 they included a maximum limit on impervious surface coverage at 30%. This is no longer the case. Covering more than 30% of a lot with impervious is now possible but it requires implementation of an engineer designed stormwater management plan and restoration of the vegetation within the 50 ft. waterfront buffer.