Section Env-Wt 307.13 - Property Line Setbacks(a) As required by RSA 482-A:3II(a), XI, all boat docking facilities shall be at least 20 feet from the abutting property line, whether in tidal or in non-tidal waters.(b) Subject to (c) and (d), below, dredging, filling, or construction activity within a jurisdictional area that is not covered by (a), above, that is covered by an LSA or for which an EXP or standard permit is required shall occur at least 10 feet from an abutting property line.(c) The set-back established in (b), above, shall not apply to utility projects in a utility right-of-way if a boundary survey has been or will be completed prior to initiation of work.(d) Subject to (e), below, if an applicant wishes to extend an activity that is covered by (b), above, closer than 10 feet to an abutting property line, the applicant shall obtain written consent from the affected abutter.(e) An applicant shall not be required to obtain consent from the affected abutter to extend work closer than 10 feet to the property line for:(1) A bank stabilization project; or(2) Stream crossing projects undertaken by a public agency in conformance with the Routine Roadway BMPs, available as noted in Appendix B.(f) The department shall inform the applicant that an increase to the setback to property lines is required if the department determines during the review process that the location proposed for an activity:(1) Represents a danger to other waterfront activities due to its size or character, or both, being inconsistent with the size and character of the surrounding area;(2) Is likely to create a navigation hazard due to its size or proximity to other existing legal structures; or(3) Is likely to interfere with an abutter's access to or use of the abutter's property.(g) If the department determines pursuant to (f), above, that a larger set-back is required, the department shall increase the set-back only the distance required to abate the danger, hazard, or interference, as applicable.N.H. Code Admin. R. Env-Wt 307.13
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029.