The CSPA applies to all land within 250' of waters listed in the Official List of Public Waters and fourth order and larger streams (except the Saco and Pemigewasset Rivers). Projects and activities located in the protected shoreland are subject to Minimum Shoreland Protection Standards as set forth in the CSPA.

The protected shoreland begins at the reference line and extends 250' landward. The 250' mark is not a setback. It is the jurisdictional limit of the CSPA. However, within the jurisdictional limit of the CSPA, there are setbacks from the reference line that vary according to activity type.

In addition, if you are applying for a Wetland, Subsurface (including subdivision) or Alteration of Terrain permit, supplemental information about the property is required if any part of the proposed project falls within the protected shoreland.

• All water bodies listed on the Official List of Public Waters published by DES.
• All fourth order and higher streams according to the Strahler method except the Pemigewasset and Saco, which are not covered by CSPA.
• All waters subject to the ebb and flow of the tide, including tidal marshes and estuaries.

For:

• Lakes and Ponds – the reference line for fresh water bodies is determined in one of three ways depending on the classification of the water body.
  
  
• For natural fresh water bodies without artificial impoundments, it is the natural mean high water level as determined by DES. For this type of water body, the determination is made by DES. Consult the following publications: NHDES Natural Mean High Water Elevations or the Official List of Public Waters.
  
  
• For artificially impounded fresh water bodies with established flowage rights, it is the limit of the flowage rights. Call the DES Dam Bureau for this information at 603-271-3406.
  
  
• For artificially impounded fresh water bodies without established flowage rights, it is the waterline at full pond as determined by the elevation of the spillway crest.
  
  
• Rivers – the reference line for streams and rivers under the jurisdiction of the CSPA is the ordinary high water mark. The ordinary high water mark is the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris or other appropriate means that consider the characteristics of the surrounding areas.
  
  
• Coastal Waters – the reference line is the highest observable tide line, which means a line defining the furthest landward limit of tidal flow. This is a line defining the farthest landward limit of tidal flow, not including storm events, that can be recognized by indicators such as the presence of a strandline of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks farther flow of the tide.

When the reference line is shown on Plans, it should be shown according to RSA483-B:4 XVII.

Measurements are made from the reference line on a horizontal basis (surveyor’s line). This means that on a property with a slope, measurements taken by simply running a tape measure along the ground from the reference line must be adjusted for the degree of slope. If the property does not contain a steep slope, the adjustment is usually minimal.

Not in most cases. The 250 foot mark is not a setback. However, within the protected shoreland there are several individual setbacks depending on the nature of the project or activity.

Primary structures are required to be behind the primary building line. The state has established a 50' primary building line or setback. However, the state allowed municipalities that had established a setback, by ordinance, of less than fifty feet prior to January 1, 2002 to maintain that setback. When this is the case, the setback in the municipality becomes the state setback, however, the municipality may not waive or vary any part of that setback.

Check your town’s ordinances to determine which setback applies to you.

Accessory Structures are required to be setback 20' from the reference line. Accessory structures include driveways, patios, gazebos, woodsheds, garages or other outbuildings. Septic systems are subject to special setbacks according to soil type.

Yes. New primary structures built after 1994 must be setback from reference line at least 50 feet. If a deck is included as part of the structure, it must be at least 50 feet back from the reference line.

New driveways that are between the reference line and the 50' primary building line are subject to the restrictions for accessory structures.

Simple repairs such as residing, painting, or re-shingling can be done without a waiver from DES as long as the repair does not change the footprint or outside dimensions of the house. Expansions to non-conforming structures require a waiver from DES. (see Questions #9, #10, #11, #12) However, a deck or open three season porch may be added without a waiver. Twelve feet is the maximum distance the deck or porch can extend from the primary structure to the reference line.

RSA 483-B:11 states “Except as otherwise prohibited by law, nonconforming structures, erected prior to July 1, 1994, located within the protected shoreland may be repaired, renovated or replaced in kind using modern technologies, provided the result is a functionally equivalent use. Such repair or replacement may alter the interior design or existing foundation, but no expansion of the existing footprint or outside dimensions shall be permitted.”

In summary, a non-conforming primary structure may be replaced or renovated provided all the exterior dimensions and the footprint stay the same and no additional interior living space is created. Any expansion of a non-conforming structure requires a waiver from DES.

Examples of projects that do not require a waiver from DES:

• A slight change in the pitch of a roof to alleviate snow loads provided the side walls are not changed and no additional living space is created.
  
  
• The complete replication of all aspects of a primary structure.
  
  
• A project in which there are no changes to the exterior footprint and outside dimensions, but there are changes in the construction materials and/or interior layout.
  
  
• The replacement of a piling or pad foundation with a standard poured concrete foundation if the new foundation is in the original footprint, located underground, does not create additional living space, and does not disturb or change the existing contours (topography).
  
  
• The addition of a three season porch (may not be insulated, heated, contain sliding windows, sash windows, permanent windows or any windows that can open and close) or deck if the deck or porch does not extend more than 12’ closer to the reference line, is not over the bank of the water body or over the water.

Please read question #9, which gives examples of projects that do require a redevelopment waiver from DES.

Sometimes, projects do not conveniently fit the above criteria or examples. Please read question #9 for projects that do require a waiver. If your project falls outside the parameters of 483-B:11, please contact the Wetlands Bureau at (603)271-2147 for more information.

• Redevelopment of a site that contains a non-conforming structure(s) built prior to 1994 where the minimum standards cannot be met.
  
  
• Expansion of the footprint or outside dimensions of an existing, non-conforming primary structure which will take place between the primary building line and the reference line as defined in RSA 483-B:4, XVII.

  Examples:

• Any changes to the footprint or outside dimensions through tear downs and rebuilding of structures.

Note: Projects that involve complete removal of existing non-conforming structures on lots that could support conforming structures will not be eligible for a waiver.
• Any additions to non-conforming primary or accessory structures.
• Any repositioning within the primary building setback of non-conforming primary or accessory structures.
• The replacement of a low pitched roof with a gambrel roof, if it creates additional interior living space.
• The addition of dormer windows or gambrel dormers to a roof.
• The addition of a porch that contains any one of the following building components: insulation (in any area of the porch), sliding windows, insulated windows, sash windows, permanent windows or any windows that open, a heat source.

Within the context of the CSPA, “non-conforming” is a term that applies to structures that do not meet the standards because they were built before certain dates. These structures are subject to the CSPA, and specifically to RSA 483-B:11.

Examples of non-conforming structures are:

• Primary structures, on public waters or fourth order and larger streams, located between the reference line and the primary building line and constructed prior to July 1, 1994, except for the following:
• Primary structures between the primary building line and reference line located on the Connecticut River are considered non-conforming if they were constructed prior to July 2, 2002.
• Primary structures between the primary building line and reference line located on the Lamprey, Swift, Upper Merrimack, Lower Merrimack and Contoocook Rivers are non-conforming if constructed prior to June 15, 1998.
  
  
• Multiple dwellings located on public waters or fourth order and larger streams constructed as of July 1, 1994 on an undersized lot except for:
• Multiple dwellings on an undersized lot located on the Connecticut River are non-conforming if erected prior to July 2, 2002.
• Multiple dwellings located on an undersized lot on the Lamprey, Swift, Upper Merrimack, Lower Merrimack and Contoocook are non-conforming if constructed prior to June 15, 1998.
  
  
• Accessory structures built before November 26, 1996 located between the reference line and the 20 foot accessory structure setback, except for:
• Accessory structures located between the reference line and the 20 foot accessory structure setback on the Connecticut River are non conforming if constructed prior to July 2, 2002.
• Accessory structures located between the reference line and the 20 foot accessory structure setback on the Lamprey, Swift, Upper Merrimack, Lower Merrimack and Contoocook are non-conforming if constructed prior to June 15, 1998.

Any structures built within the setbacks after the above referenced dates without a variance or waiver from DES are illegal.

The changes to the structure(s) or property must provide at least the same degree of protection to the water body and should make the property more nearly conforming. When reviewing waiver proposals, the structure and lot characteristics, including but not limited to topography, the addition or removal of vegetation, accessory structures, water dependent structures, and impervious surfaces are considered together as a package for the purposes of determining whether the property is more nearly conforming.

“More nearly conforming” means a proposal for significant changes to the location or size of existing structures that bring the structures to greater conformity, or a proposal for changes to other aspects of the property such as the lot characteristics, including but not limited to stormwater management, wastewater treatment, traffic volume or flow, planting vegetative buffers that improve infiltration of stormwater/runoff, and wildlife habitat.

Projects that propose complete removal of existing non-conforming structures on lots that could support conforming structures will not be eligible for a waiver.

Waiver requests must contain all of the information required by Env-Ws 1406. These requirements have been summarized in the “Checklist of Required Items to Accompany the CSPA Waiver Form.” If the Waiver Request submitted is substantially incomplete, it will not be processed and will be returned to you.

The CSPA waiver process is not a permit program. When you request a waiver, you are asking the Commissioner to waive the law to allow your project. DES must ensure that your project will still meet the intent of the CSPA, RSA 483-B. The administrative rules contained in Env-Ws 1406.04 et al. require that certain items and information be submitted with waiver requests so that DES can properly assess the Proposal. This information is required. You will obtain a decision on your waiver request sooner rather than later if you:

1. Make sure every item on the application and all items listed on the Checklist of Required Items to Accompany the CSPA Waiver Form are submitted with the Application. Incomplete applications are the most common reason for delayed waiver decisions. If your waiver request is substantially incomplete when it is submitted, DES will not process it and the materials submitted will be returned to you.
   
   
2. Make sure that your proposed structure is not any closer to the reference line than the existing structure.
   
   
3. Make sure that the reference line shown on your plans is delineated according to RSA 483-B:4 XVII. Plans are often submitted with the reference line shown as “edge of wet” or “high water”. The “edge of wet” and “high water” do not necessarily meet the definition in RSA 483-B:4 XVII. The reference line should be established as an elevation on the plan according to the law. This usually requires the services of a professional surveyor.
   
   
4. Make sure you have included a “more nearly conforming” proposal if you are requesting any kind of expansion or change to the footprint or exterior dimensions of a non-conforming structure. This means a proposal for significant changes to the location or size of existing structures that bring the structures to greater conformity, or a proposal for changes to other aspects of the property, including but not limited to stormwater management, wastewater treatment or traffic volume or flow, or both types of proposal which significantly improve wildlife habitat or resource protection.
   
   
5. Familiarize yourself with the CSPA and its related administrative rules. http://www.gencourt.state.nh.us/rsa/html/indexes/483-B.html; and http://www/des.nh.gov/rules/desadmin_list.htm#waterq.
   
   
6. If you are proposing the addition of a bedroom, and your septic system will need to be upgraded to accommodate the bedroom, you may not use the septic system to satisfy the “more nearly conforming” requirement.
   
   
7. The plans that are submitted become plans of record. Plans need not be professionally prepared, however, they must be clear and meet all of the requirements of Env-Ws 1406.04 et al.
   
   
8. Photographs must be original and dated.
   
   

• Any deviation from RSA 483B:9,V.
• Septic systems that cannot meet the criteria of 483-B:9(V)(b).
• Multiple dwellings that do not meet frontage requirements.
• Tree removal beyond the limitations in B:9(V)(a).
  
  

Variances from the minimum standards are subject to the criteria that governs the grant of a variance by a zoning board of adjustment under RSA 674:33 as those criteria have been interpreted by the NH Supreme Court.

The applicant must show:

• The literal enforcement of the standard would result in an unnecessary hardship.
• Granting a variance will not result in the diminution in value of surrounding properties.
• The variance would not be contrary to the spirit of RSA 483-B.
• Granting a variance would not be contrary to the public interest.
• Granting a variance would do substantial justice.

No fertilizer, except limestone, can be used within 25' of the reference line.
From 25' to 250', low phosphate, slow release nitrogen fertilizer may be used on vegetated areas.

Pesticide use is prohibited within 25' of the reference line per Administrative Rule Pes 1001.01 (NH Dept.of Agriculture)

The protected shoreland extends from the reference line landward 250'. Within the protected shoreland is a natural woodland buffer. The “natural woodland buffer” extends 150' landward from the reference line. There are restrictions on vegetation removal in the natural woodland buffer. The restrictions per RSA 483-B:9 are:

1. Not more than a maximum of 50% of the basal area of trees, and a maximum of 50% of the total number of saplings shall be removed for any purpose in a 20-year period. A healthy well distributed stand of trees, saplings, shrubs, ground cover, and their living, undamaged root systems shall be left in place.
   
   
2. Stumps and their root systems that are located within 50' of the reference line, shall be left intact in the ground, unless specifically approved by the department, pursuant to RSA 482-A.

Structures within the natural woodland buffer are afforded openings for building construction that are excluded when computing the percentage limitations listed above.

The openings for building construction are:

• For primary structures constructed behind the primary building line, the construction envelope shall not exceed 25' from the exterior edge of the footprint of the structure.
• For primary structures that fall partially within or entirely within the primary building line, the envelope shall not exceed 15'.
• For accessory structures, or water-dependent structures, the construction envelope is 10' from the exterior edge of the structure.

This means vegetation can be removed but only up to the limits specified above in #1 and #2 and within the building envelopes. The understory of shrubs and herbaceous ground cover may not be removed in any amount outside of the building envelopes.

Vegetation is a key component in preserving the ecological integrity of the shoreland. The canopy created by trees, shrubs and herbaceous vegetation, moderates the impact of heavy rains, shades the shoreline thereby reducing water temperature, and produces organic matter and woody debris essential to shoreland ecology. Root systems help give soil structure, help hold soil in place, direct rainfall down into the soil instead of over the soil, and can extract nutrients and some contaminates from the soil. Vegetation is also critical element of wildlife habitat. For these reasons, DES strongly recommends that landowners leave as much vegetation in place as possible.

Vegetation removal from areas outside a building construction envelope should be done very carefully and extra care must be taken to ensure a healthy well distributed stand of all vegetative layers remain. It is a violation of the law punishable by fines to exceed the limits and prohibitions of the natural woodland buffer.

Basal area (BA) is the area of the tree taken at a height of 4½ feet from the ground. Basal area is expressed in square feet. (To visualize this, imagine cutting the tree at 4½ feet. The cross section of the top of the stump, would be the basal area.). BA measurements are taken from a point on the tree 4½ feet from the ground (this is commonly referred to as diameter at breast height or “DBH.” If your tree is on a slope, take the measurement from the high side of the slope.

Measurements are made with calipers or diameter tapes, or simple measuring tapes.

Using a standard measuring tape:

Determine the Circumference (“C”) of the tree at 4½ feet from the ground.

Calculate: BA = C x C x 0 .07958. For example, a tree having a circumference of 36 inches has a BA of 36”x 36” x 0.07958 = 103”². To express this in feet, divide by 144. (103”/144 = 0.716 sq. ft.).

Using a diameter tape or calipers (where “d” is the diameter in inches):

BA_feet = d x d x 0.005454

For example, where the diameter is 10 inches, then 10” x 10” x 0.005454 = .54 sq. ft.

• Limit the impervious surfaces on your property. Impervious surfaces prevent the infiltration of water and increase the velocity of runoff. This can result in erosion and sediment being carried into the water body. Runoff that carries sediment and enters water bodies degrades water quality.
  
  
• Place all structures as far back from the reference line as possible.
  
  
• Do not use standard fertilizer. Use low phosphorus, slow release nitrogen between 25' and 250'. No fertilizer can be used within 25' of the water body. It’s the law.
  
  
• Make sure your septic system is appropriate for the circumstances and in good working order.
  
  
• Before construction, mark the limits of the construction envelopes and install appropriate erosion controls.
  
  
• Before construction, blanket trees that are outside the construction envelopes.
  
  
• Retain as much of the woodland buffer as possible. And, wherever possible, replace impervious surfaces and lawns with native shrubs and trees. Lawn is not as good at protecting water quality as a well distributed stand of trees, shrubs, and native herbaceous plants. Lawns also attract geese. Geese can cause water quality problems by defecating along the shore.

  Trees, shrubs and herbaceous plants will provide habitat for wildlife species (see Native Shoreland Riparian Buffer Plantings for New Hampshire). Trees and shrubs along the shoreline will provide shade over the water and help moderate water temperature. Many species of fish cannot tolerate warm water temperatures. Cooler water also holds more oxygen for aquatic species.

• Leave dead trees (snags) and fallen logs that do not represent a hazard to people for wildlife.
  
  
• Replace invasive plant species. Visit the NH Department of Agriculture’s website to learn about invasive species. with native species.
  
  
• Familiarize yourself with the CSPA and associated rules.