Home Buying and New Home Construction

Buying or Building a Home in New Hampshire Located on a Lake-River or Tidal Water in the State of New Hampshire,if you are thinking of or are planing on Buying or Building a home on a Lake, River or Tidal Water in New Hampshire, then you need to know about the Comprehensive Shoreland Protection Act. It became effective back in July of 2008, that a State Shoreland Permit is required prior to initiating many types of construction, excavation or filling activities within the protected shoreland.

I have had some Home Buyers tell me that their New Hampshire Real Estate Agent had not told them what they needed to know in order to comply with the State law and to protect New Hampshire water quality, when the Agent had helped them buy such a property . Which in turn for some of these folks it has cost them in the Hundreds of Thousands of Dollars. Its my pleasure to help you with knowing of and about the ComprehensiveShore land Protection Act of 1 July 2008.

Buying or Building a Home in New Hampshire Located on a Lake-River or Tidal Water in the State of New Hampshire,0-50 feet from reference line, Waterfront Buffer.All new primary structures must be set back 50 feet from the reference line. A Town might have a greater set back, but will not have a lesser one. There must be a 50 foot waterfront buffer maintained. Within the waterfront buffer, tree coverage is managed with a 50 foot X 50 foot grid and points system. Cutting trees and saplings is allowed as long as the sun of points for remanining trees and saplings equals 50 points or more per 50 foot X 50 foot grid.

Definitions

Impervious Surface - Modified surfaces that cannot absorb water, such as roofs, decks, patios, paved and gravel driveways. Bedrock is excluded from this.

Unaltered State means native vegetation allowed to grow without cutting, limbing, trimming, pruning, mowing or
other such activities.

Grid and Points System - The waterfront buffer is divided into 50 foot X 50 foot segments. The trees in each segment are given points according to their diameter at 4 1/2 feet off the ground.

Tree Diameter (at 4 1/2 Feet off the ground)

1 inch to 6 inches = 1 Point

6 inches to 12 inches = 5 Points

12 inches and larger = 10 Points

Natural ground cover (excluding lawns), including leaf litter, shall not be removed. There shall not be any cutting or removal of vegetation below 3 feet in height ( which once again lawns are excluded) except for an allowable footpath to the water, which it can be up to 6 feet wide, as long as it does not concentrate stormwater or cause erosion.

Stumps, roots and rocks must remain intact in and on the ground.

Pesticide use by a licensed applicator only.

0-150 feet from Reference Line Natural Woodland Buffer.

For lots with over a 1/2 acre of land within the Natural Woodland Buffer, fifty percent of the area between 50 feet and 150 feet that is not covered by impervious surfaces shall remain in an unaltered state. For lots with less than a 1/2 acre of land within the Natural woodland Buffer, 25% of the area between 50 feet and 150 feet shall remain in an unaltered state.

Buying or Building a Home in New Hampshire Located on a Lake-River or Tidal Water in the State of New Hampshire,0-250 feet from Reference Line The Protected Shoreland. Permits are required for many construction, excavation, and filling activities. On the other hand, there have been certain maintenance and low impact activities have been exempted, which you can find in Env-Wq 1406.

The general allowance for impervious surfaces is 20% - and up to 30% with runoff protections.

New lots must have subdivision approval by DES.

For new lots, there are density restrictions.

For new septic systems there are setback requirements at 75 feet, 100 feet and 125 feet.

Non-Conforming Structures

Structures that do not conform to the provisions of the Comprehensive Shoreland Protection Act may be repaired, renovated, or replaced in kind, as long as the repairs or replacements result in no expansion of the footprint.

Fifty points must be maintained in each segment. You may cut the trees or saplings as long as the sum of the points of the remaining trees for that segment is at least 50 points.

Buying or Building a Home in New Hampshire Located on a Lake-River or Tidal Water in the State of New Hampshire,if your property did not have 50 points in each segment as of the 1st of July back in 2008, then you will not be required to plant trees in order to achieve 50 points. But however you also can not cut any of the existing trees or saplings unless the grid segment exceeds the 50 points.

Have a good one
Dale in New Hampshire

Localism information by Baker Energy Audits and Commercial Properties Inspections blog post 1,543-12 February 2012 New Hampshire

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Disclaimer: The information herein may come from various sources, some of which may not be reliable and may change without any kind of notice. Dale Baker does not guarantee or is in any way responsible for the accuracy of the information in this blog and the information provided is without any kind of warranties, either express or implied. The information on this blog represents the opinions and ideas of the author; comments left by others may not express the views of the author. Dale Baker Owner: Baker Home Energy Audits and Commercial Properties Inspections. Copyright 2011 By Dale Baker-all rights reserved.

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