NH Shoreland Protection Law – Summary of Changes
Monday, March 21st, 2011Local and well respected builder, Joe Skiffington, just provided this helpful summary of what was passed in the Senate.
March 20, 2011 UPDATE
New Hampshire Senate Bill 154, passed by the Full Senate on March 16, 2011 and is now off to
the NH House.
The following items are addressed by the reform:
- The Act will rename CSPA as the Shoreland Water Quality Protection Act. By including “water
quality” in the title, the Act will emphasize the purpose of regulating shore-land development to
protect the quality of New Hampshire’s lakes, ponds, rivers and streams. - The standards applicable to the redevelopment of existing, nonconforming structures is rewritten
to allow greater flexibility for landowners. Under the reform language, existing structures can be
repaired, replaced in kind, and reconstructed in place. The alteration and expansion of
nonconforming structures is also permitted, provided the structure is changed in a manner that
makes it more nearly conforming to the standards of the Act. - The existing tiered requirement to preserve up to 50% of buildable areas as unaltered would be
replaced. Instead, the Bill establishes a uniform 25% requirement for all shorefront properties
regardless of lot size. - The tree scoring system applicable within the waterfront buffer (the area within 50’ of the water)
would be revised to increase credit for larger, more mature trees and to encourage the planting of
shrubs and groundcover. - Limitations on the percentage of impervious coverage is relaxed, provided storm-water
management systems are designed (and implemented) to encourage storm-water infiltration and
to control runoff and erosion. - The review periods afforded to the Department are shortened for faster decision making.
- The Department will establish a permit by notification (PBN) process for approving smaller
projects that propose minimal upland impacts or the restoration of previously disturbed areas.
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Joe Skiffington


