New Hampshire Shorefront Association

CHANGES TO THE COMPREHENSIVE SHORELAND PROTECTION ACT
(CSPA) RSA 483-B BECOME EFFECTIVE 4/1/08***

Click HERE for changes to RSA 483-B language effective 4/1/08 (***see below***).

The CSPA Rules have not been updated to reflect
the above changes...more soon...

PLEASE NOTE THESE DISCUSSIONS PRECIPITATED A CHANGE IN THE CLARIFICATION OF
VESTED RIGHTS AND DETAIL IS NOW INCLUDED IN THE APPROVED RULES.
IF THIS MAY AFFECT YOUR PROJECT YOU SHOULD
CAREFULLY READ THE PROPOSED RULES ASAP...

ANNOTATED APPROVED RULES CLICK HERE...

The revised CSPA (RSA 483-B) regulates all property within 250 ft of the "reference line" of water bodies including; lakes, ponds, rivers, tidal waters, "designated rivers", and fourth order streams. In layman's terms, if there is water adjacent to your property on a year-round basis, you are most likely regulated under RSA 483-B the CSPA. If you are not sure, consult NH DES or a water or wetlands professional.

A brief summary of the substantial changes effective April 1, 2008 (may change, see above) are:

	PERMIT REQUIRED	most all work within the protected shoreland now requires a formal permit from the NH DES Shoreland Division (there are a few exceptions - see CSPA rules). Work in the bank that requires and receives a NH DES Wetlands Bureau Permit will not be required to seek a separate CSPA permit, but will be reviewed such that the project meets the CSPA standards related to the project...

	IMPERVIOUS LIMITS	all land within the protected shoreland is now subject to impervious surface limits of 20% or 30% coverage subject to varying levels of environmental protections and stormwater management (see above)...

	WATERFRONT BUFFER	all land within 50 ft of the reference line is now subject to tree cutting and groundcover impact restrictions based upon a 50 ft x 50 ft grid system and is called the "Waterfront Buffer"...

	UNDISTURBED AREA	all land in the "Woodland Buffer" (150 ft of the reference line) is now subject to a restriction on disturbance - 50% of the area outside the impervious area limits must be maintained in an "unaltered state" including temporary impacts (see amendment for less than 1/2 acres lots - see above)...see changes for smaller lots in amended SB-352...

	STATEWIDE 50 ft SETBACK	all new primary structures must be set back at least 50 ft from the reference line statewide (towns and cities cannot set lower limits, but may enact greater standards)...

There are many more changes contained in this legislation. The above is only summary of the major changes that affect all waterfront owners and is subject to additional clarifications after rule-making. Please consult the NH DES Shoreland Division and/or RSA 483-B for more information and guidance.

Click HERE for changes to RSA 483-B language effective 4/1/08 (pending amendments).

The law or "statute" was enacted in June 2007 by the NH Legislature and Governor Lynch, but the changes do not take effect until April 1, 2008 (see possible change above). This time period was allowed such that NHDES would have the opportunity to create "Administrative Rules" which are enabled through the statute. Administrative Rules are designed to clarify and provide detail which is not contained in the law itself. Rules cannot change or modify law, but may be allowed to create exceptions or detail that is not included in the legislative efforts.

The changes to RSA 483-B, the CSPA, included a number of issues that required both changes and expansion of the present CSPA rules. These changes were the subject of a public hearing that was held at the NHDES Offices on January 16, 2008. See above for the latest version of the rules.

We suggest you consider joining the NH Shorefront Association. Our goal is to be involved on a pro-active and on-going basis to provide input into the legislative and regulatory processes as they affect shorefront property.

Part of this process is getting the regulated community involved - this means you, the waterfront owner. You require awareness, input, and reaction to all of the issues relating to waterfront property. Our mission is to provide and protect balanced resource management in the State of New Hampshire and perhaps just as important, to make shorefront owners aware of proposed changes and get people involved.

We may not all agree on the issues, but the NHSA is dedicated to promoting awareness of proposed legislative and regulatory changes to the regulated community.