A Guide to the New Hampshire Shoreland Water Quality Protection Act Requirements, Process, and Compliance

The New Hampshire Shoreland Water Quality Protection Act (SWQPA) serves as a critical safeguard for the state's invaluable water resources, ensuring their preservation for future generations. This comprehensive guide provides an in-depth exploration of the SWQPA, empowering readers to navigate the complexities of shoreland development while maintaining compliance with the Act's provisions. By delving into the Act's applicability, regulated activities, and key compliance obligations, this resource enables a thorough understanding of the SWQPA's role in protecting New Hampshire's lakes, ponds, rivers, and streams. Readers will gain insights into the Act's structure, enforcement mechanisms, and recent developments, equipping them with the knowledge necessary to effectively manage projects within the protected shoreland. Through a focus on practical guidance and real-world implications, this guide serves as an essential tool for successfully implementing the SWQPA's requirements and contributing to the long-term health of New Hampshire's cherished water resources.

GENERAL INFORMATION

Key Details of the New Hampshire Shoreland Water Quality Protection Act

Issuing Agency: New Hampshire Department of Environmental Services (DES)

Year Established: 1991

Last Amended: 2011

Statutory Authority: Revised Statutes Annotated (RSA) 483-B

Primary Legal Reference: The New Hampshire Shoreland Water Quality Protection Act is codified in Chapter 483-B of the New Hampshire Revised Statutes Annotated.

Overview of the New Hampshire Shoreland Water Quality Protection Act

The New Hampshire Shoreland Water Quality Protection Act (SWQPA) is a state-level regulation that operates within the broader framework of New Hampshire's environmental protection laws. It complements federal regulations such as the Clean Water Act by addressing specific issues related to the protection of shoreland areas within the state.

The primary goal of the SWQPA is to protect the water quality of New Hampshire's lakes, ponds, and rivers by minimizing the degradation of shoreland areas. It aims to achieve this through a combination of land use restrictions, permitting requirements, and best management practices for activities within the protected shoreland.

The New Hampshire Department of Environmental Services (DES) is the primary state agency responsible for administering and enforcing the SWQPA. The act was first established in 1991 and has undergone several amendments, with the most recent significant changes occurring in 2011.

The SWQPA applies to all fourth-order and greater streams, designated rivers, tidal waters, and lakes and ponds over 10 acres in size. It establishes a protected shoreland zone extending 250 feet from the reference line of these water bodies, within which certain activities and land uses are regulated or restricted.

What does the New Hampshire Shoreland Water Quality Protection Act protect?

The New Hampshire Shoreland Water Quality Protection Act protects the water quality of the state's lakes, ponds, rivers, and streams. It achieves this protection by regulating land use activities within the 250-foot protected shoreland zone, which can impact water quality through erosion, sedimentation, nutrient runoff, and other forms of pollution. The SWQPA requires permits for certain activities, sets standards for vegetation management and impervious surfaces, and promotes the use of best management practices to minimize the negative impacts of development on water quality.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The New Hampshire Shoreland Water Quality Protection Act (SWQPA) is a comprehensive environmental regulation designed to protect the state's valuable water resources from pollution and degradation. The act applies to a wide range of activities and entities that have the potential to impact the quality of New Hampshire's lakes, ponds, rivers, and streams. These include, but are not limited to:

• Construction and development projects near shorelines
• Industrial facilities and manufacturing plants
• Sewage treatment plants and septic systems
• Agricultural operations and livestock farms
• Logging and forestry activities
• Marinas and boat maintenance facilities
• Stormwater runoff from impervious surfaces

The SWQPA aims to minimize the adverse effects of these activities on water quality by regulating the discharge of pollutants, preserving natural vegetation and buffers, and ensuring proper management of waste and hazardous materials.¹

Under the New Hampshire Shoreland Water Quality Protection Act, the following activities and substances are prohibited:

1. Discharge of sewage or untreated wastewater: The direct or indirect discharge of raw sewage, wastewater, or other pollutants into surface waters is strictly prohibited to prevent the contamination of water resources and protect public health.

2. Disposal of solid waste: Dumping or disposing of solid waste, such as garbage, refuse, or debris, within the protected shoreland area is prohibited to prevent pollution and maintain the aesthetic value of these environments.

3. Use of fertilizers and pesticides: The application of fertilizers and pesticides within 25 feet of the reference line is prohibited, and their use is restricted in areas beyond this buffer to minimize the risk of nutrient and chemical runoff into surface waters.

4. Alteration of natural vegetation: Removing or altering natural vegetation within the waterfront buffer (50 feet from the reference line) is prohibited, with limited exceptions for water-dependent structures and access paths, to maintain the buffer's ability to filter pollutants and stabilize soils.

These prohibitions are essential for protecting the quality of New Hampshire's surface waters, as they target common sources of pollution and environmental degradation. By preventing the introduction of harmful substances and preserving the natural functions of shoreland areas, the SWQPA helps maintain the ecological integrity and recreational value of the state's water resources.

Structure and Key Provisions

The New Hampshire Shoreland Water Quality Protection Act is structured into several key sections that outline the regulation's purpose, definitions, requirements, and enforcement mechanisms. The act's main provisions are organized as follows:

Section 483-B:1 - Purpose

This section establishes the overall purpose of the SWQPA, which is to protect the quality of New Hampshire's surface waters by regulating activities within the shoreland area and minimizing the potential for pollution and environmental degradation.

Section 483-B:2 - Definitions

This section provides definitions for key terms used throughout the act, such as "reference line," "primary building line," "impervious surface," and "waterfront buffer." Understanding these definitions is crucial for interpreting and complying with the SWQPA's requirements.

Section 483-B:3 - Applicability

This section outlines the scope of the SWQPA, specifying the types of water bodies and shoreland areas that are subject to the regulation. It also lists certain activities and entities that are exempt from the act's requirements.

Section 483-B:4 - Minimum Standards Required

This section establishes the minimum standards for shoreland protection, including restrictions on the use of fertilizers and pesticides, limitations on impervious surface coverage, and requirements for maintaining natural vegetation buffers.

Section 483-B:5 - Permit Required

This section outlines the permit requirements for activities within the protected shoreland, including the construction of new structures, the expansion of existing structures, and the alteration of terrain. It also specifies the criteria for granting permits and the application process.

Section 483-B:6 - Enforcement

This section details the enforcement mechanisms available under the SWQPA, including fines, penalties, and the ability for the New Hampshire Department of Environmental Services to issue cease and desist orders for violations of the act's provisions.

While this overview provides a general understanding of the New Hampshire Shoreland Water Quality Protection Act's structure and key provisions, it is essential for individuals and entities engaged in activities within the protected shoreland to consult the full text of the regulation and seek guidance from the New Hampshire Department of Environmental Services for project-specific requirements and compliance strategies.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The New Hampshire Shoreland Water Quality Protection Act establishes various standards and limitations to protect water quality and maintain the ecological integrity of the state's shoreland areas. These include restrictions on land use activities, such as limitations on impervious surface coverage, setback requirements for structures and septic systems, and vegetation management standards. The Act also sets performance standards for erosion and sediment control during construction activities. These standards are implemented through a permitting system and enforced by the New Hampshire Department of Environmental Services (NHDES) through inspections, monitoring, and enforcement actions.

Monitoring, Reporting & Recordkeeping Obligations

Under the New Hampshire Shoreland Water Quality Protection Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations can vary depending on the specific nature and scope of the project. Developers and consultants should work closely with NHDES to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects. This may include submitting regular reports on land use activities, maintaining records of permits and approvals, and conducting periodic inspections and assessments of shoreland conditions.

Enforcement Actions & Penalties

The New Hampshire Department of Environmental Services is responsible for enforcing the provisions of the Shoreland Water Quality Protection Act. In cases of violations, NHDES may take various enforcement actions, such as issuing notices of violation, administrative orders, or assessing civil and criminal penalties. The severity of the enforcement action and the amount of any penalties will depend on factors such as the nature and extent of the violation, the potential for harm to water quality and shoreland resources, and the regulated entity's compliance history and cooperation with NHDES. To avoid enforcement actions and ensure compliance, developers and consultants should proactively engage with NHDES early in the project planning process and work closely with the agency to understand and fulfill their obligations under the Act.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the New Hampshire Shoreland Water Quality Protection Act has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes occurred in 2011 when the New Hampshire Legislature passed House Bill 2, which amended the act to clarify and strengthen its provisions. The amendments included more stringent vegetation management requirements, new restrictions on the use of fertilizers and pesticides, and increased penalties for violations.

Another important development was the New Hampshire Supreme Court's decision in the case of Forster v. Town of Henniker in 2015. The court ruled that the act's provisions apply to all structures within the protected shoreland, including those that were built before the act's effective date. This decision has significant implications for property owners and developers, who may need to bring older structures into compliance with the current regulations.

Looking ahead, there are several proposed changes to the New Hampshire Shoreland Water Quality Protection Act that stakeholders should be aware of. The New Hampshire Department of Environmental Services (NHDES) is currently considering amendments to the act's administrative rules, which could affect permit requirements, vegetation management standards, and other key provisions. The NHDES is expected to release a draft of the proposed amendments for public comment in the near future.

To stay informed about these developments and participate in the regulatory process, stakeholders can monitor the NHDES website, which provides regular updates on the status of proposed rule changes and opportunities for public input. Interested parties can also join the NHDES mailing list to receive notifications about upcoming hearings, workshops, and other events related to the act.

Additional Resources

New Hampshire Shoreland Water Quality Protection Act Full Text: The complete text of the New Hampshire Shoreland Water Quality Protection Act, including all amendments to date.

NHDES Shoreland Program Website: The official website of the NHDES Shoreland Program, which provides information on permit requirements, application forms, and guidance documents.

NHDES Shoreland Protection Fact Sheets: A series of fact sheets produced by the NHDES that cover key aspects of the act, such as vegetation management, setback requirements, and erosion control.

Shoreland Protection in New Hampshire: A Handbook for Municipal Officials: A comprehensive guide published by the University of New Hampshire Cooperative Extension that provides an overview of the act and its implications for local governments and landowners.

New Hampshire Shoreland Protection Act: A Legal Perspective: A scholarly article by attorney Jason Reimers that examines the legal framework of the act and its relationship to other environmental laws and regulations.