Water Access Structures and Shoreline Stabilization in Non-Tidal Areas FAQs
Providing detailed information about wetlands and shoreland regulations.
- What is a water access structure?
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A water access structure is an accessory structure (under RSA 483-B) without a roof or cover that, as a matter of operational necessity, is located adjacent to the shoreline because its purpose is to:
- Provide entry to a surface water for swimming and similar water-related recreational activities other than boating; or
- Provide a location for the direct observation of swimmers or other individuals engaged in water-related recreational activities.
The term includes beaches, decks, and patios, but does not include stairs, steps, or docking structures.
- What permit do I need to construct or expand a water access structure near the reference line?
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For more specific information and answers, please consider watching a short video on Tips for Accessory Structures in Protected Shoreland and referring to the Shoreland Accessory Structures fact sheet.
If part or all of a water access structure is within the bank*, it most likely requires a wetlands permit. If none of the structure is within RSA 482-A jurisdiction, it most likely requires a shoreland permit.
In addition, to be permitted, it must meet the statutory definition of water access structure. If it does not, it must be located at least 20 feet landward of the reference line. For example, a patio being expanded within 20 feet of the reference line that does not provide a view or access to the water would not meet the definition of water access structure and could not be permitted.
*The “bank” includes the portion of the slope next to the water up the first break in slope (that is, up to a change in the angle of the slope).
- How can I replenish beach sand?
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Using a wetland Permit-by-Notification, generally you may replenish sand for existing, legal, non-tidal beaches. With some exceptions, please avoid adding more than 10 cubic yards, and avoid replenishment more than once every six years. For more information, please watch this 10-minute video overview and refer to the fact sheet on private, non-tidal beaches.
- My shoreline is eroding. How do I fix it?
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Most projects involving shoreline stabilization must meet specific requirements. For example, a retaining wall cannot be built for shoreline stabilization if stabilization can be achieved through the planting of vegetation. Refer to the fact sheet Shoreline Stabilization Projects in Non-Tidal Areas for more information, including permitting requirements in non-tidal areas.