Restrictions on Use of Structures Built Over the Waters of the State
Section 482-A:26
482-A:26 Dwellings Over Water. –
I. No person shall construct any structure suitable for use as a dwelling if the structure or any part of the structure extends beyond the shoreline of any public water or publicly-owned water body.
II. No person shall convert or modify any existing structure in order to make the structure suitable as a dwelling if the structure or any part of the structure extends beyond the shoreline of any public water or publicly-owned water body.
III. (a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only, using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted, except as allowed in subparagraph (b). A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.
(b) Without otherwise limiting the provisions of this section, the existing footprint or outside dimensions of a structure subject to the provisions of this section may be modified by adding or expanding legally existing exterior features only, such as decks, balconies, stairs, rooflines, or eaves, provided that no such addition or expansion shall result in an increase in interior floor space nor change a recreational, water-based activity to a land-based, residential or commercial activity. The cumulative area across all added or expanded exterior features shall not exceed 100 square feet for a subject property with less than or equal to 100 linear feet of shoreline frontage and not more than one square foot per linear foot of the subject property's shoreline frontage for properties that have greater than 100 linear feet of shoreline frontage. Such modifications shall not result in any penetration of the water or bank by any columns, supports, beams, or other like items. Such modifications shall be approved by the department in accordance with rules adopted by the commissioner. The department shall not approve any subsequent exterior feature modifications that result in an exceedance of the foregoing square footage limitation. Approval by the department under this section shall be in addition to any local building code enforcement and approval process under RSA 155-A:7 and RSA 674:51.
(c) The commissioner shall adopt rules under RSA 541-A relative to the approval of such additions or expansions, the setting of the fee amount, the calculation of the fees, the collection of such fees, and ensuring the payment of such fees as provided herein. Revenues from such fees shall be deposited into the water resources fund established in RSA 482-A:3, III to be used for the purposes thereof.
IV. For the purpose of this section:
(a) "Dwelling over water" means any structure suitable for use as a dwelling which extends in any part beyond the shoreline of any public water or public-owned water body.
(b) "Shoreline" means that shoreline which exists when the surface of the water is at the mean high water level.
(c) "Suitable for use as a dwelling" means any structure which is used for residential purposes by one or more persons, or which contains kitchen, bathroom, shower, or toilet facilities.
V. The provisions of RSA 482-A:10, relative to appeals, and RSA 482-A:10-a, relative to takings without compensation, shall apply to all decisions of the department made under paragraph III.
Source. 1989, 339:1. 1998, 23:1, 2. 2002, 272:16, eff. May 18, 2002. 2013, 43:3, eff. Aug. 3, 2013. 2026, 14:1, eff. May 26, 2026.