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NH Department of Environmental Services

Shoreland Protection

Setbacks within the Protected Shoreland

Within 250 Feet of the reference line:

  • Establishment/expansion of salt storage yards, auto junk yards, solid waste and hazardous waste facilities are prohibited.
  • No fertilizer, except limestone between the reference line and 25 feet. From 25' landward of the reference line to 250' only low phosphate, slow release nitrogen fertilizer may be used.
  • Uses Requiring State Permits: Public water supply facilities, public water and sewage treatment facilities, Public utility lines, existing solid waste facilities, all activities regulated by the DES Wetlands Bureau per RSA 482-A
  • Other Restricted Uses:

  • All new lots, including those in excess of 5 acres are subject to subdivision approval by DES.
  • Setback requirements for all new septic systems are determined by soil characteristics.
  • Minimum lot size in areas dependent on septic systems determined by soil type.
  • Alteration of Terrain Permit standards reduced from 100,000 square feet to 50,000 square feet.
  • Lots for residential units in areas dependent on on-site sewage and septic systems shall be sized so as not to exceed 1 unit per 150 feet of shoreland frontage.

    Within 150 Feet of the reference line:

  • Where existing, a natural woodland buffer must be maintained.
  • Tree cutting is limited to 50% of the basal area of trees and 50% of the total number of saplings in a 20 year period. A healthy, well-distributed stand of trees, saplings, shrubs, and ground covers must be maintained.
  • The opening for building construction (building envelope) for primary structures located between the primary building line and 150' landward of the reference line is limited to 25 feet outward from the building. Envelopes within the primary building set back are limited to 15 feet outward from building.
  • The opening for accessory structures is limited to 10 feet outward from the footprint.
  • Primary structures must be located at least 50' back from the reference line (this does not apply to towns that had a primary building line ordinance in place before 1/1/2002).
  • 50 Feet from the Reference Line:

  • Within 50', stumps and their root systems must remain intact in the ground.
  • Primary structures must be set back at least 50' from the reference line (this does not apply to towns that had a primary building line ordinance in place before 1/1/2002).

    Within 25 Feet of the Reference Line: Pesticide and fertilizer use is prohibited.

    Within 20 Feet from the Reference Line:

  • Accessory structures must be set back at least 20' from the reference line.
  • Septic Setbacks (from the reference line):

  • 75' for rivers and areas where the there is no restrictive layer within 18" and where the soil down gradient is not porous sand and gravel (perc>2 min)
  • 100' for soils with a restrictive layer within 18 inches of the natural soil surface
  • 125' where the soil down gradient of leachfield is porous sand and gravel (perc>2min.)

    A Site Assessment is required prior to executing a purchase and sale agreement for any "developed waterfront property" using a septic disposal system and which is contiguous to or within 200 feet of a great pond (a public water of more than 10 acres) as defined in RSA 4:40-a and upon which stands a structure suitable for either seasonal or year-round human occupancy.

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