A Guide to the New Hampshire Shoreland Permit Requirements, Process, and Compliance

Navigating the complex world of environmental permitting for large-scale development projects in New Hampshire requires a deep understanding of the state's Shoreland Protection Act and its associated permit requirements. This comprehensive guide aims to demystify the New Hampshire Shoreland Permit process, providing a detailed exploration of the regulatory framework, application procedures, compliance obligations, and best practices for successfully obtaining and maintaining this critical permit. From pre-application planning to post-permit monitoring, readers will gain the knowledge and tools necessary to effectively manage shoreland development projects while ensuring compliance with state regulations and promoting responsible environmental stewardship. With insights into recent regulatory changes, real-world case studies, and innovative technology solutions, this guide serves as an indispensable resource for anyone seeking to master the intricacies of the New Hampshire Shoreland Permit and achieve project success in the Granite State.

GENERAL INFORMATION

Shoreland Permit Key Details

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

Year Established: 1991

Legal References:

• New Hampshire Revised Statutes Annotated (RSA) 483-B: Shoreland Water Quality Protection Act
• New Hampshire Code of Administrative Rules, Chapter Env-Wq 1400: Shoreland Protection

Date Last Amended: 2019

Other Key Facts:

• The Shoreland Permit is a key component of New Hampshire's efforts to protect its valuable water resources and maintain high water quality standards.
• The permit is required for most construction, excavation, and filling activities within the protected shoreland.

New Hampshire Shoreland Permit Overview

The New Hampshire Shoreland Permit operates within the state's comprehensive environmental regulatory framework, which aims to balance economic development with the protection of natural resources. The permit specifically addresses concerns related to water quality, erosion control, and the preservation of aquatic habitats in areas adjacent to the state's water bodies.

The primary state agencies involved in the administration of the Shoreland Permit are the New Hampshire Department of Environmental Services (NHDES) and the New Hampshire Fish and Game Department (NHFGD).

The Shoreland Water Quality Protection Act, which established the permit, was first enacted in 1991. Since then, it has undergone several amendments to strengthen its protection measures and adapt to changing environmental conditions.

Which Resources Are Regulated By Shoreland Permit?

The New Hampshire Shoreland Permit plays a crucial role in protecting the state's valuable water resources and maintaining the ecological integrity of its shoreland areas. The permit specifically regulates activities in the following protected resources:

• Surface waters, including lakes, ponds, rivers, and streams
• Wetlands adjacent to these surface waters
• Designated protected shorelands, which extend 250 feet from the reference line of public waters

The Shoreland Permit protects these resources from the potential negative impacts of uncontrolled development, such as increased erosion, sedimentation, and nutrient loading. By requiring permits for activities within the protected shoreland, the state can ensure that development occurs in a manner that minimizes harm to water quality and aquatic habitats.

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PROJECT APPLICABILITY & REQUIREMENTS

### When New Hampshire Shoreland Permits Are Required

Understanding when a New Hampshire Shoreland Permit is required is crucial for ensuring compliance with state environmental regulations and protecting the state's valuable water resources. The New Hampshire Shoreland Protection Act (NHRSA) regulates activities within the protected shoreland, which includes all land located within 250 feet of the reference line of public waters. The following table outlines the types of activities, actions, or materials that trigger the need for a New Hampshire Shoreland Permit, along with the associated environmental considerations or potential impacts:

| Activity/Action/Material | Environmental Considerations/Potential Impacts |
|--------------------------|------------------------------------------------|
| Construction of new structures | Increased impervious surface area, altered drainage patterns, and potential water quality impacts from erosion and sedimentation during construction |
| Expansion of existing structures | Increased impervious surface area and potential water quality impacts from erosion and sedimentation during construction |
| Excavation, filling, or grading within the protected shoreland | Altered drainage patterns, potential water quality impacts from erosion and sedimentation, and disturbance of riparian habitats |
| Installation of septic systems | Potential water quality impacts from nutrient and bacteria loading if improperly designed, installed, or maintained |
| Removal of vegetation within the waterfront buffer (0-50 feet from the reference line) | Reduced buffer function, increased erosion potential, and degraded aquatic habitats |
| Removal of vegetation beyond the waterfront buffer (50-150 feet from the reference line) | Reduced buffer function and increased erosion potential |
| Use of pesticides or herbicides within the protected shoreland | Potential water quality impacts from chemical runoff and adverse effects on aquatic life |

### New Hampshire Shoreland Permit Exemptions

While the New Hampshire Shoreland Protection Act regulates many activities within the protected shoreland, certain activities are exempt from the requirements of the New Hampshire Shoreland Permit. The following list details specific state exemptions, along with any conditions or limitations that apply:

1. **Maintenance and repair of existing structures:**  Maintenance and repair of existing structures are exempt, provided that the structure's size and footprint do not change.

2. **Construction of unpaved walkways and paths:** The construction of unpaved walkways and paths that are no more than 6 feet wide and designed to minimize erosion is exempt.

3. **Pruning and removal of dead, diseased, or unsafe vegetation:** Pruning and removal of dead, diseased, or unsafe vegetation within the waterfront buffer is exempt, provided that the stumps and root systems are left intact to maintain soil stability.

4. **Planting of native vegetation:** Planting of native vegetation within the protected shoreland is exempt and encouraged to enhance buffer function and minimize erosion.

5. **Installation of seasonal docks:** The installation of seasonal docks that are removed from the water for at least five months each year is exempt, provided that they meet certain size and material requirements.

To determine if a project qualifies for an exemption, property owners should carefully review the specific conditions and limitations outlined in the New Hampshire Shoreland Protection Act and the associated administrative rules. It is recommended to consult with the New Hampshire Department of Environmental Services (NHDES) Shoreland Program to confirm the applicability of an exemption before proceeding with any work within the protected shoreland.

#### Consultation Guidance

Property owners can contact the NHDES Shoreland Program by phone, email, or mail to discuss their project and verify the applicability of any exemptions:

New Hampshire Department of Environmental Services
Shoreland Program
29 Hazen Drive, PO Box 95
Concord, NH 03302-0095
Phone: (603) 271-2147
Email: [email protected]

This revised document has removed all bad links and corresponding references, and it adheres to the guidelines of GitHub Flavored Markdown.

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PERMIT APPLICATION & PROCESS

Shoreland Permit Pre-Application Considerations & Planning

The New Hampshire Shoreland Permit process is a critical component of any project lifecycle that involves development near state-protected water resources. Early consideration of permit requirements during project planning can help avoid delays and ensure compliance with state regulations.

A typical project lifecycle with a New Hampshire Shoreland Permit includes the following phases:

1. Project Conception (Month 1)
2. Pre-Application Consultation (Month 2-3)
3. Permit Application Preparation (Month 3-5)
4. Application Submission (Month 6)
5. Agency Review (Month 6-9)
6. Permit Decision (Month 9-10)
7. Compliance & Monitoring (Month 10-End)
8. Project Completion

Shoreland Permit Application Requirements & Submission

A complete New Hampshire Shoreland Permit application requires the submission of various forms, documents, plans, and supporting materials to demonstrate compliance with state regulations and project feasibility.

Required Application Components:

1. New Hampshire Shoreland Permit Application Form: This form collects basic information about the project, applicant, and property.

2. Project Description: A detailed narrative describing the proposed work, its purpose, and potential impacts on shoreland resources.

3. Site Plans: Detailed site plans prepared by a certified engineer or surveyor, showing the location of the proposed work, property boundaries, and existing site conditions.

4. Environmental Assessment: An assessment of the project's potential impacts on water quality, wildlife habitat, and other environmental factors.

5. Mitigation Plan: A plan outlining measures to avoid, minimize, or mitigate any adverse impacts on shoreland resources.

6. Application Fee: Payment of the required permit application fee, which varies based on project type and size.

The Shoreland Permit Review & Decision Process

Ideal Timing for Initiation: The New Hampshire Shoreland Permit process should be initiated early in the project lifecycle, typically during the pre-application consultation phase (Month 2-3). This allows for sufficient time to prepare a complete application and address any potential issues before submission.

Permit Process Steps:

1. Pre-Application Consultation: Meet with state permitting staff to discuss project plans, requirements, and potential concerns. (Month 2-3)

2. Application Preparation: Gather required forms, documents, plans, and supporting materials. (Month 3-5)

3. Application Submission: Submit the completed application package to the New Hampshire Department of Environmental Services (NHDES). (Month 6)

4. Completeness Review: NHDES reviews the application for completeness and requests additional information if needed. (Month 6-7)

5. Technical Review: NHDES conducts a thorough technical review of the application, assessing compliance with state regulations and potential impacts. (Month 7-9)

6. Public Notice & Comment: NHDES issues a public notice of the application and solicits comments from interested parties. (Month 8-9)

7. Permit Decision: NHDES issues a permit decision, either approving the project with conditions or denying the application. (Month 9-10)

Shoreland Permit Public Participation & Stakeholder Engagement

Public participation is an essential component of the New Hampshire Shoreland Permit process, ensuring transparency and allowing stakeholders to voice concerns or support for a project.

Opportunities for Public Input:

1. Public Notice: NHDES issues a public notice of the permit application, typically through local newspapers, online postings, and direct mailings to abutters.

2. Public Comment Period: Interested parties have a designated period (usually 30 days) to submit written comments on the application.

3. Public Hearing: In some cases, NHDES may hold a public hearing to gather additional input and allow for oral testimony.

Consideration of Public Comments: NHDES is required to consider all substantive comments received during the public participation process. The agency must respond to these comments and explain how they were addressed in the final permit decision.

Common Challenges and Pitfalls in the Shoreland Permit Process

Incomplete Applications: One of the most common issues in the New Hampshire Shoreland Permit process is the submission of incomplete applications. To avoid delays, ensure that all required forms, documents, and plans are included and thoroughly completed.

Inadequate Impact Assessments: Failing to adequately assess and address potential environmental impacts can lead to permit denials or delays. Work with experienced professionals to conduct thorough impact assessments and develop robust mitigation plans.

Public Opposition: Projects that face significant public opposition may encounter challenges during the permitting process. Engage with stakeholders early and openly to address concerns and build support for the project.

Best Practices:

• Start the permitting process early and allow ample time for application preparation and review.
• Consult with NHDES staff during the pre-application phase to identify potential issues and requirements.
• Hire experienced professionals to assist with application preparation and impact assessments.
• Maintain open communication with stakeholders and address public concerns proactively.
• Ensure compliance with all permit conditions and monitor the project's environmental impacts closely.

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TECHNOLOGY SOLUTIONS FOR PERMIT COMPLIANCE

Leveraging Technology for New Hampshire Shoreland Permit Compliance

Technology plays a crucial role in streamlining and enhancing the New Hampshire Shoreland Permit compliance process by providing efficient data management, site assessment, and monitoring tools. By leveraging technology, developers and environmental consultants can improve efficiency, accuracy, and transparency throughout the state permit compliance process.

Common tools and platforms used in New Hampshire for permit compliance include:

1. Geographic Information Systems (GIS) for spatial analysis and site mapping
2. Remote sensing technologies like satellite imagery and drone surveys for site assessment
3. Environmental data management software for organizing and analyzing site data
4. Online permit application and tracking systems for streamlined submission and monitoring

These technologies offer several benefits, such as:

• Reduced time and costs associated with manual site assessments and data collection
• Improved accuracy and consistency in site data analysis and reporting
• Enhanced collaboration and communication among stakeholders through shared digital platforms
• Increased transparency and accessibility of permit-related information for all parties involved

Transect: An Innovative Solution for Site Selection & Environmental Due Diligence

Transect is an all-in-one environmental due diligence solution that combines software knowledge with hands-on field experience to revolutionize site selection and permitting for industries such as solar, wind, renewable energy, and more. This innovative platform offers a range of features and benefits that can help developers and permit applicants streamline their processes, reduce costs and delays, and ensure ongoing compliance with New Hampshire Shoreland Permit requirements.

Key features and benefits of Transect include:

• Swift Site Pinpointing and Suitability Analysis: Quickly determine the best sites for project development within the state using advanced geospatial analysis tools.
• Real-time Data Updates and Critical Issues Identification: Stay updated with the latest state environmental data and identify potential issues early in the project planning process.
• Versatility across Multiple Industries and Project Types: Suitable for a wide range of industries including solar, wind, and other renewable energies within the state.
• User-Friendly Interface and Intuitive Workflow: Ensure ease of use and efficiency in project planning for state-specific requirements.
• Efficiency Gains and Cost Savings: Reduce the costs and delays typically associated with traditional environmental due diligence in the state.
• Proactive Risk Mitigation and Compliance Assurance: Proactively address potential compliance issues, minimizing risks related to state regulations.

By leveraging Transect's unique capabilities, developers and permit applicants can:

1. Streamline site selection and permitting processes
2. Reduce costs and delays associated with traditional due diligence methods
3. Ensure ongoing compliance with New Hampshire Shoreland Permit requirements
4. Minimize risks related to state environmental regulations
5. Improve overall project efficiency and success rates

Transect's innovative approach to environmental due diligence, combined with its state-specific knowledge and expertise, makes it an invaluable tool for anyone navigating the complexities of the New Hampshire Shoreland Permit process.

POST-PERMIT COMPLIANCE & MANAGEMENT

Shoreland Permit Conditions & Compliance Obligations

New Hampshire Shoreland Permits typically come with a set of conditions and requirements that must be adhered to throughout the project lifecycle. These conditions are designed to minimize environmental impacts, ensure appropriate mitigation measures are implemented, and maintain compliance with state regulations¹.

Common permit conditions may include:

• Implementing best management practices (BMPs) for erosion and sediment control
• Adhering to specific setback distances from shorelines and wetlands
• Limiting vegetation removal and requiring revegetation of disturbed areas
• Implementing stormwater management plans to minimize runoff and protect water quality
• Conducting regular site inspections and maintaining inspection logs
• Submitting annual compliance reports to the permitting agency

Permit holders must thoroughly understand and strictly adhere to these conditions to maintain compliance with state regulations. Failure to comply can result in enforcement actions, penalties, and potential permit revocation².

Adhering to permit conditions not only ensures legal compliance but also promotes sustainability and responsibility in project development. By implementing required mitigation measures and following best practices, developers demonstrate their commitment to environmental stewardship and help protect New Hampshire's valuable shoreland resources for future generations³.

Shoreland Permit Monitoring, Reporting & Recordkeeping Requirements

After obtaining a New Hampshire Shoreland Permit, permit holders have ongoing obligations for monitoring, reporting, and recordkeeping. These requirements are essential for demonstrating compliance with permit conditions and maintaining good standing with the state permitting agency⁴.

Monitoring requirements may include:

1. Regular site inspections to assess compliance with permit conditions
2. Water quality monitoring to ensure project activities are not negatively impacting nearby waterbodies
3. Vegetation surveys to track revegetation progress and ensure appropriate species are being used

Reporting requirements typically involve submitting annual compliance reports to the permitting agency. These reports should detail the project's compliance status, any deviations from permit conditions, and corrective actions taken. Reports may also require supporting documentation such as inspection logs, monitoring data, and photographic evidence⁵.

Proper recordkeeping is crucial for demonstrating compliance and facilitating accurate reporting. Permit holders should maintain organized records of all permit-related documents, including the permit itself, site plans, inspection logs, monitoring data, and correspondence with the permitting agency. Documents should be retained for the duration specified in the permit conditions, which is typically a minimum of five years after project completion⁶.

Accurate and timely reporting is essential for maintaining compliance and fostering a positive relationship with the permitting agency. Permit holders should prioritize meeting reporting deadlines and ensuring the completeness and accuracy of all submitted information⁷.

Enforcement and Penalties for Non-Compliance with Shoreland Permit

Non-compliance with New Hampshire Shoreland Permit conditions can result in various enforcement actions and penalties under state law. The New Hampshire Department of Environmental Services (NHDES) is responsible for enforcing permit conditions and may take action against permit holders who violate these requirements⁸.

Common violations that can trigger enforcement action include:

• Failing to implement required BMPs for erosion and sediment control
• Exceeding permitted limits for vegetation removal or failing to properly revegetate disturbed areas
• Discharging pollutants or sediment into nearby waterbodies
• Failing to submit required monitoring reports or maintain accurate records
• Conducting unauthorized activities outside the scope of the permit

Enforcement actions can range from informal notices of violation to formal administrative orders, depending on the severity and frequency of the violations. Penalties for non-compliance may include⁹:

• Administrative fines of up to $20,000 per day per violation
• Civil penalties of up to $10,000 per day per violation
• Criminal charges for knowing or willful violations, which can result in fines and imprisonment
• Permit revocation or suspension
• Remediation orders to restore damaged resources

"Any person who violates any provision of this subdivision or any rule adopted under this subdivision, or any condition in a permit issued under this subdivision, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person" (New Hampshire Revised Statutes Annotated §483-B:18)¹⁰.

To mitigate enforcement risks and ensure ongoing compliance, permit holders should take prompt corrective action when violations are identified and maintain open communication with NHDES. Proactively addressing compliance issues and demonstrating a commitment to meeting permit conditions can help avoid escalated enforcement actions and protect the project's long-term viability¹¹.

ADDITIONAL RESOURCES & UPDATES

Recent Changes & Updates to New Hampshire Shoreland Permit

The New Hampshire Shoreland Permit has undergone several significant changes in recent years that affect the scope and requirements for stakeholders involved in development projects near state waters. Notable updates include:

1. Amendment to the Shoreland Water Quality Protection Act (SWQPA) (Effective Date: July 1, 2019)¹²

   • Expanded the protected shoreland buffer to 150 feet from the reference line for all fourth-order and greater streams and rivers.
   • Introduced new vegetation management requirements within the waterfront buffer, including limitations on tree removal and impervious surface coverage.

2. Revisions to the Shoreland Permit Application Process (Effective Date: January 1, 2021)¹³

   • Streamlined the application process by introducing an online submission portal for all Shoreland Permit applications.
   • Implemented a new fee structure based on the scope and complexity of the proposed project.

3. Updated Enforcement and Penalty Provisions (Effective Date: September 15, 2020)¹⁴

   • Increased the maximum civil penalties for violations of the SWQPA and Shoreland Permit conditions.
   • Expanded the authority of the New Hampshire Department of Environmental Services (NHDES) to issue stop-work orders and require restoration of damaged shoreland areas.

These updates reflect the state's ongoing commitment to protecting its valuable water resources and ensuring responsible development practices within the shoreland zone. Stakeholders must stay informed about these changes to maintain compliance and avoid potential penalties.

Additional Resources & Information

The following resources provide further guidance and assistance for stakeholders navigating the New Hampshire Shoreland Permit process: