RSA 483-B establishes a 250-foot protected shoreland buffer measured horizontally from the reference line of qualifying public water bodies. Within this zone, vegetation removal, construction, impervious surface additions, and septic system installation are all strictly regulated.

Public waters subject to the Act include:

• Lakes and ponds over 10 acres

• 4th-order and higher rivers and streams

• Designated rivers, and all coastal/tidal waters

If your property is within 250 feet of one of these water bodies, an NHDES shoreland permit is likely required before significant site work or construction begins. NHDES also requires that for any property in the protected shoreland, structure expansion or replacement must confirm RSA 483-B compliance before proceeding.

No, not every project requires a full, standard shoreland permit.

• Permit-by-Notification (PBN): Lower-impact projects affecting less than 1,500 square feet and adding no more than 900 square feet of new impervious area may qualify for a PBN. NHDES has a 5-business-day window from receipt to accept or reject a PBN filing. If they do not respond, a secondary written request must be submitted, after which a lack of response within an additional 5 days constitutes a permit by default.

• No-Permit Exemption: Under Env-Wq 1406.04(d)(9), a single accessory structure can be placed without any shoreland permit at all if it is:

  • Placed more than 50 feet from the reference line

  • Under 150 square feet in total footprint

  • Built with no stone base or concrete pad

  • Completely outside of wetlands jurisdiction

For standard shoreland permits, the standard application review cycle typically runs 30 to 90 days, depending on whether the department requests additional technical information.

Almost certainly yes, if the proposed footprint is located anywhere within the 250-foot protected shoreland zone.

Even if you are only expanding the interior living space of an existing grandfathered structure—such as enclosing an open porch or deck—you are required to obtain an [NHDES Shoreland Permit] and typically must include a proposal to make the property more conforming.

Strict Prohibition: Enclosing a deck or open porch that is located between the primary structure and the reference line (within the 50-foot waterfront buffer) is prohibited outright by New Hampshire law (RSA 483-B:11, I).

The "Attached Deck" Rule You Need to Know

It is a common misconception that decks are classified as "accessory structures". Under NHDES regulations, attached decks are treated as part of the primary structure. This has major implications for your project:

• They must strictly respect the 50-foot primary building setback from the reference line.

• They count directly toward your total lot impervious surface calculations.

Before you pull a local building permit or finalize any design drafts for a property within 250 feet of a water body, contact Atlas Design & Elements to evaluate your site limits and prevent costly, non-compliant project delays.

RSA 483-B strictly regulates the total percentage of modified, non-absorbent surfaces—such as roofs, driveways, decks, and patios—allowed within the 250-foot protected shoreland zone.

The rules are broken down into three distinct tiers based on your post-construction coverage:

• Under 20% Coverage: Standard permitting requirements apply without additional stormwater engineering.

• Between 20% and 30% Coverage: You must implement a stormwater management system designed to entirely infiltrate the increased runoff on-site.

• Over 30% Coverage: This requires a highly detailed, PE-certified stormwater management plan demonstrating that post-development volume and peak flow rates (based on a 10-year, 24-hour storm event) will not exceed pre-development conditions.

The Replanting Mandate: If your total impervious area exceeds 30% and your existing 25' x 50' waterfront buffer segments are currently deficient under the state's point system, you will be legally required to replant those segments with native trees, saplings, shrubs, or groundcover per RSA 483-B:9, V(g)(3).

A Critical Exception for Constrained Lots

Under Env-Wq 1403.03(c), retaining walls up to 150 square feet can be completely excluded from your lot's impervious area calculations, provided the wall footprint is 12 inches or less in width. This is a massive layout advantage for tight, sloped waterfront properties in the Lakes Region.

Because many older grandfathered properties already exceed these limits, contact Atlas Design & Elements to perform a precise lot calculation before you finalize your expansion plans.

Not freely. RSA 483-B divides the first 150 feet from the reference line into two distinct zones, each with its own rigid set of standards:

1. The Waterfront Buffer (0 to 50 Feet from the Water)

• Ground Cover & Shrubs: Natural ground cover and shrubs cannot be removed and replaced with lawn or traditional landscaping. Shrubs and ground cover may only be trimmed or thinned, and must be maintained to no less than 3 feet in height.

• The Grid Segment Point System: Tree and sapling removal is strictly governed by a mathematical point system. Starting from your northern or eastern property boundary, the buffer is split into grid segments measuring 25 feet along the shoreline by 50 feet inland.

Every tree and sapling inside a segment is scored by its trunk diameter measured at 4.5 feet above the ground:

• Diameter of 1 to 3 inches = 1 point

• Diameter greater than 3 up to 6 inches = 5 points

• Diameter greater than 6 up to 12 inches = 10 points

• Diameter greater than 12 inches = 15 points

The Removal Rule: You may only cut or remove trees from a segment if the combined score of the remaining, healthy trees in that exact segment remains at 25 points or higher after the work is done.

2. The Woodland Buffer (50 to 150 Feet from the Water)

• At least 25% of this zone must be maintained as natural woodland in an completely unaltered state.

• Native plants within this protected area must be allowed to grow naturally without cutting, pruning, or mowing, except as needed to manage or improve long-term plant health.

Handling Dead, Diseased, or Unsafe Hazard Trees

Trees posing an imminent structural hazard to buildings or personal safety may be cut to ground level at any time without a standard shoreland permit. However, under Env-Wq 1403.04, the state places the legal burden of proof entirely on the property owner or contractor.

To protect your property from heavy administrative fines, you must secure this proof prior to cutting:

1. Dated photographs clearly showing the structural defects or hazardous condition.

2. A written certification signed by a professional with recognized tree-health expertise (such as a licensed forester, certified arborist, or licensed landscape architect).

Stump Removal: Pulling or digging up tree stumps within the 50-foot waterfront buffer always requires a shoreland permit. Any removed stumps must be replaced with approved pervious surfaces, new native trees, or other woody vegetation.

Because many New Hampshire towns enforce local clearing ordinances that are significantly stricter than the state minimums, contact Atlas Design & Elements for a custom property assessment before clearing any native vegetation.

Yes, but with strict limitations. Any accessory structures built inside the 50-foot waterfront buffer are governed by rigid size and design rules under Part Env-Wq 1405.

1. The Sizing Caps (Frontage Math)

The total combined footprint of all accessory structures within the 50-foot waterfront buffer cannot exceed 7.5 square feet per linear foot of shoreland frontage.

• Water Access Structures: Defined as beaches, patios, and detached decks providing water access for swimming and similar activities (this does not include docks or boathouses). These structures are capped at no more than 50% of your total allowance.

• Shoreline Coverage: Water access structures cannot occupy more than 20% of your contiguous shoreline, up to a strict maximum of 50 feet.

Example: A property with 100 feet of shoreland frontage has a maximum total accessory structure allowance of 750 square feet. Of that footprint, no more than 375 square feet can be used for water access structures like patios or lakeside decks.

2. Construction Paths & Walkways

• Permanent Foot Paths: You are allowed a single, permanent 6-foot wide foot path to access the water.

• Temporary Construction Paths: A temporary 12-foot wide construction access path is permitted to complete approved projects, provided it is stabilized and completely restored with native vegetation immediately upon completion.

• Pervious Surface Mandate: All new paths, walkways, and patios within the waterfront buffer must be constructed using pervious surfaces.

3. Setbacks, Slopes, and Plumbing Restrictions

• The 20-Foot Setback: All accessory structures must be set back at least 20 feet from the reference line. The strict exception to this rule is reserved for items requiring direct water access as an operational necessity (such as access stairs, pump houses, and wells).

• Slope Maximum: No accessory structure can be built on or into land with a slope exceeding 25%.

• No Piped Water: No accessory structure can be modified or constructed to be serviced by piped water.

Docks & Boathouses: Structures built directly over, on, or in state waters are not regulated under the Shoreland Act (RSA 483-B). Instead, they require explicit state approval under RSA 482-A (Wetlands Permitting).

Unless your project qualifies for a quick Permit-by-Notification (PBN) or a narrow no-permit exemption, a shoreland permit is required before building any accessory structures. If you are designing a lakeside space, c ontact Atlas Design & Elements to review your frontage calculations and ensure full state compliance.

Yes, and these are hard statutory rules enforced under RSA 483-B:9, II(d) and Env-Wq 1402.16. These regulations apply to all land within the 250-foot protected shoreland, including grandfathered lawns that predate the Act.

1. Fertilizer Restrictions (The 25-Foot Threshold)

• 0 to 25 Feet from the Water: No fertilizer of any kind—including organic, natural, or synthetic products—may be applied to vegetation or soils.

• 25 to 250 Feet from the Water: Only low-phosphate, slow-release nitrogen fertilizer may be used. To legally qualify for use within this zone, the package label must guarantee:

  • Not more than 2% phosphorus

  • A nitrogen component that is at least 50% slow-release nitrogen

2. Pesticide & Herbicide Restrictions (The 50-Foot Threshold)

• 0 to 50 Feet from the Water (Waterfront Buffer): No chemicals, including pesticides, herbicides, or weed-killers of any kind (whether organic or synthetic), may be applied to the ground, turf, or established vegetation. The only exception is if the application is performed by a licensed commercial professional holding a pesticide application license issued by the New Hampshire Department of Agriculture, Markets, and Food.

• Beyond 50 Feet from the Water: Pesticides may be applied as necessary by the property owner, provided they follow the manufacturer's exact guidelines.

Before you apply any turf management products or contract a local landscaping company, ensure your maintenance plan aligns with state rules.

Sometimes, and it can save significant time and money when your project qualifies.

Under Env-Wt 313.05(d), NHDES offers optional concurrent processing of shoreland and wetlands applications for two specific categories of projects:

• Non-Tidal Water Access Structures: Projects where the exact jurisdictional boundary line between the shoreland and wetlands program is difficult to define, and the initial design appears to fully comply with both statutory frameworks.

• Tidal Buffer Zones: Projects physically located within the upland portion of a tidal buffer zone.

The Requirements for Concurrent Processing

To pursue this integrated review track, you must strictly satisfy three state administrative criteria:

1. A mandatory pre-application meeting with NHDES must be completed beforehand.

2. Both complete applications must be filed at the exact same time.

3. A formal, written request to process the filings together must be submitted with your packages.

Critical Review Trade-offs: Concurrent processing forces both files onto a shared administrative review timeline. A formal request for additional information (an RFMI) under either program instantly pauses the review clock for both applications simultaneously.

Exclusions & Fees

• Separate Fees Apply: This mechanism does not combine state costs; two completely separate applications with separate processing fees are still required.

• Ineligible Programs: Lower-tier Permits-by-Notification (PBNs) and standard wetlands statutory registrations are entirely excluded from concurrent processing eligibility.

Because a single administrative pause can delay your entire construction season, contact Atlas Design & Elements to analyze whether your project is a strategic candidate for concurrent processing and let us manage the direct coordination with NHDES.