483-B:1 Purpose. – The general court finds that: I. The shorelands of the state are among its most valuable and fragile natural resources and their protection is essential to maintain the integrity of public waters. I-a. A natural woodland buffer, consisting of trees and other vegetation located in areas adjoining public waters, functions to […]
483-B:10 Nonconforming Lots of Record. – Nonconforming, undeveloped lots of record that are located within the protected shoreland shall comply with the following restrictions, in addition to any local requirements: I. Except when otherwise prohibited by law, present and successive owners of an individual undeveloped lot may construct a single family residential dwelling and […]
483-B:11 Nonconforming Structures. – I. Except as otherwise prohibited by law or applicable municipal ordinance, nonconforming structures located within the protected shoreland may be repaired, replaced in kind, reconstructed in place, altered, or expanded. Repair, replacement-in kind, or reconstruction in place may alter or remodel the interior design or existing foundation of the nonconforming […]
483-B:12 Shoreland Exemptions. – I. The governing body of a municipality may, in its discretion, request the commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the governing body finds that special local urbanization conditions as defined in RSA 483-B:4, XXV, exist […]
483-B:13 Repealed by 1992, 235:28, II, eff. Jan. 1, 1993. –
483-B:14 Rehearings and Appeals. – Where the requirements of this chapter amend the existing statutory authority of the department or other agencies relative to certain established regulatory programs and shall be enforced under these established regulatory programs, the existing procedures governing contested cases and hearings and appeals regarding these requirements shall apply. Where requirements […]
483-B:15 Gifts, Grants and Donations. – The department is authorized to solicit, receive, and expend any gifts, grants, or donations made for the purposes of this chapter. Gifts of land or easements shall be assigned to the department of natural and cultural resources for management or assignment to another state agency or other public […]
483-B:16 Assistance to Municipalities; Office of State Planning and Energy Programs. – The office of planning and development may assist municipalities with the implementation of local ordinances under this chapter, upon the request of an individual municipality. Source. 1991, 303:1. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2017, 156:64, eff. July 1, 2017. […]
483-B:17 Rulemaking. – The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. The content and structure of all forms, applications and permits to be received or issued by the department under this chapter, including information and other materials to be submitted by an applicant. II. Procedures for filing and review of […]
483-B:18 Penalties. – I. The following shall constitute a violation of this chapter: (a) Failure to comply with the provisions of this chapter. (b) Failure to obey an order of the commissioner or a municipality issued relative to activities regulated or prohibited by this chapter. (c) Misrepresentation by any person of a material fact […]
483-B:19 Repealed by 2007, 267:14, I, eff. April 1, 2008. –
483-B:2 Minimum Standards Required. – To fulfill the state’s role as trustee of its waters and to promote public health, safety, and the general welfare, the general court declares that the public interest requires the establishment of standards for the subdivision, use, and development of the shorelands of the state’s public waters. The development […]
483-B:20 Repealed by 2007, 267:14, II, eff. April 1, 2008. –
483-B:21 Repealed by 2010, 306:2, eff. Dec. 31, 2015. –
483-B:22 Coastal and Great Bay Region Reports. – I. The commissioner of the department of environmental services shall convene representatives of the department of transportation, the division of homeland security and emergency management, the office of planning and development, and other agencies as he or she deems appropriate, at least every 5 years, commencing […]
483-B:3 Consistency Required. – I. All state agencies shall perform their responsibilities in a manner consistent with the intent of this chapter. State and local permits for work within the protected shorelands shall be issued only when consistent with the policies of this chapter. II. When the standards and practices established in this chapter […]
483-B:4 Definitions. – In this chapter: I. " Abutter " means any person who owns property that is immediately contiguous to the property on which the proposed work will take place, or who owns flowage rights on such property. The term does not include those properties separated by a public road or more than […]
483-B:5 Enforcement by Commissioner; Duties; Woodland Buffer. – I. The commissioner, with the advice and assistance of the office of planning and development, department of natural and cultural resources and department of agriculture, markets, and food, shall enforce the provisions of this chapter. II. The commissioner or his or her designee may, for cause, […]
483-B:5-a Repealed by 2008, 5:5, I, II, eff. May 1, 2008. –
483-B:5-b Permit Required; Exemption. – I. (a) No person shall commence construction, excavation, or filling activities within the protected shoreland without obtaining a permit from the department to ensure compliance with this chapter. Projects which have no impact on water quality and which follow department rules shall qualify for a permit by notification. The […]