Shoreland Protection Act Changes Now in Effect
Concord — April 1, 2008 — Despite complaints from builders and developers, the Department of Environmental Services today will begin requiring permits for any work on shoreland along all lakes and ponds. In a letter to state Senate leaders yesterday, DES Commissioner Thomas Burack said the agency will require permits for all shoreland work under a new law that takes effect today.
The New Hampshire Senate last week asked the House to agree to delay implementation of changes to the Comprehensive Shoreland Protection Act until Oct. 1. They said there is too much confusion over changes to the law that the Legislature passed last year, and voted to push the start-up date back until fall.
Some senators said they have been getting complaints from a variety of people with interests at stake: landowners, builders, realtors and others. Those who argue that a delay is necessary say that although the law was put in place a year ago, the Legislature only acted two weeks ago to approve the rules that DES will use to administer it.
During debate, Sen. Maggie Hassan, D-Exeter, said Burack agreed to hold off implementing the law until the House meets on April 16. The House doesn’t have to agree with the change, and could dig in its heels and set July 1 as the latest acceptable date. Hassan said she did not mean to imply last week that Burack would not enforce the law.
“His letter indicates that he will be flexible, counseling shoreland property owners while we are in this window between April 1 and an agreement in the Legislature,” she said. “The big story is that everybody wants this program to be successful in the long run.”
Burack’s letter said DES “is committed to implementing the new CSPA provision in a manner and on a time schedule that will guarantee the long-term success of the program.”
It states that any project begun on or after April 1 will need a permit under the revised Shoreland Protection Act. The act requires the permits for the first time.
[The following editorial appeared on April 2, 2008]
Delay Shoreline Rules: Regulations Need More Airing
STATE REGULATIONS governing shoreline construction took effect yesterday even though the Department of Environmental Services (DES) and developers cannot agree on what some of the regulations mean.
Last year the Legislature passed the Shoreline Protection Act to exert greater control over development along state waterfronts. For the first time in New Hampshire, the law requires state permits before construction can begin within 250 feet of the shore. But instead of writing requirements into law, legislators passed the buck to DES.
The department didn’t issue its regulations until two weeks ago. And its interpretations of some points of the law are being disputed. Builders are not really sure what they can and cannot do.
On Thursday, the Senate voted to push back the law’s start date to Oct. 1 to allow time for builders and the state to work out their differences. That is a very reasonable change. The House is unlikely to push the date back to October. But whether it’s July 1 or Oct. 1, either delay is better than leaving the situation as-is.
The House should approve a delay. Some oppose one because the state was set to get a lot of money from permit fees. But you don’t stick people with confusing regulations just because the state stands to make money from them. And in the future, legislators should stop passing so many hard decisions to unelected bureaucrats and make sure that policies are better spelled out.
3 Responses to “Shoreland Protection Act Changes Now in Effect”
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It is very difficult to have required permitting, at a very high cost, without knowing who administers, whom one goes to in order to understand the requirements, and who enforces the law. Are the Towns involved? Does one have to go to the State with each application? Protecting the Shoreland is always a good idea, but the impact of increased restrictions, including the permit cost, must be thought out.
I’m perplexed by the stewardship challenges of sustaining Broad Bay’s now artificial shoreline. Why are causal higher man-made lake levels and a ludicrous wake invoking boat densities so unrestricted while the consequential need for erosion containment becomes evermore restrictive and expensive?
When our ancient pines finally tumble into the Lake… No doubt we’ll alone face fines for the infraction and the regulatory inflated cost for their removal. I’m thinking lowering the lake level by just a foot would return nature’s perfect erosion defensive beach to our shoreline.
Hold Fast
Don MacLeod
Anyone interested in the effect of the lake level on the surrounding environment should take a look at Ned Hatfield’s interesting article on the subject in our Summer 2005 newsletter. Go to the News tab on our home page, then click the Newsletter button.