New Hampshire Statewide Rule
New Hampshire Shoreland Protection Setback Statute
Key Facts
- Statute
- RSA 483-B
- Primary setback
- 50 feet minimum
- Protected zone
- 250 feet from waters
- Administering agency
- NH DES
- Max daily penalty
- $2,000
Summary
New Hampshire RSA 483-B, the Shoreland Water Quality Protection Act, imposes statewide minimum setbacks of 50 feet from public waters that municipalities cannot reduce, regardless of local zoning.
The waterfront buffer shall be those protected shorelands within 50 feet of the reference line. The purpose of this buffer shall be to protect the quality of public waters while allowing homeowner discretion with regard to water access, safety, viewscape maintenance, and lot design.
Full Breakdown
The Shoreland Water Quality Protection Act (RSA 483-B) requires a minimum 50-foot primary building setback from the reference line of all public waters, including lakes over 10 acres, fourth-order streams, and designated rivers. Within the 250-foot protected shoreland, additional restrictions apply to vegetation, impervious surfaces, and septic systems. The Department of Environmental Services administers permits. Municipal zoning cannot reduce these state minimums but may impose stricter setbacks. The act applies uniformly statewide and supersedes any conflicting local setback ordinances within the protected shoreland zone, ensuring consistent water quality protection across all New Hampshire jurisdictions.
Violations & Penalties
DES may issue cease and desist orders, restoration requirements, and administrative fines up to $20,000 plus daily penalties up to $2,000 for continuing violations under RSA 483-B:18.
Frequently Asked Questions
How close to a lake can I build in New Hampshire?
What waters are protected by the Shoreland Act?
Can a town allow a closer setback than 50 feet?
Sources
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