Archive for the 'NH Waterfront Regulations' Category

Here is an excerpt from my article on “Grandfathered” assets in the Lakes Region

Establishing if something is “Grandfathered” on the water.

Grandfathered assets on Lake Winnipesaukee

Since this comes up a lot in waterfront purchases, let’s use a real world example. Boathouses are the crown jewel up here in the lakes region. (Here are some Boathouses on Lake Winnipesaukee!) If you are purchasing a property with a boathouse, you must be satisfied about one of two criteria.

First, if the structure can be proven to exist without alteration, prior to July 2, 1969, then it is most likely “grandfathered”**. Second, if the construction happened after July 2, 1969 and permits can be produced to show the structure in its current location, size and configuration, then it’s also most likely “grandfathered”.**

Grandfathered structures can be maintained, but in most cases have to be kept in the same place without altering the structure’s size or configuration**.  Be careful of boathouses that may have grown over time or suddenly have finished space that was not permitted.

Read the whole article here.

Local 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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. The review periods afforded to the Department are shortened for faster decision making.
7. 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