Re: UL: “Critics: Public unaware of effect of shoreland rules”

[J’raxis 270145]

Critics: Public unaware of effect of shoreland rules
By PAULA TRACY
New Hampshire Union Leader Staff
Thursday, Jan. 17, 2008

CONCORD – If you want to put that deck on to Grandma's cottage by the lake this spring, expect to spend thousands of dollars having the property surveyed to make sure it meets new standards for the state's comprehensive shoreland protection act, builders told state officials yesterday.

More than 50 waterfront property owners, contractors, town officials and tree company officials attended a public hearing yesterday at the state Department of Environmental Services where the details of the new standards for waterfront development were outlined.

Effective April 1, a state shoreland permit is required for any construction, excavation or filling activities within the protected shoreland zone, which is 250 feet from shore.

Collis Adams, DES wetlands administrator, said 1994 shoreland law had language that was fairly vague.

The Legislature called upon the department to spell out what constitutes an adequate buffer in the zone and they have done that using a point system for various natural vegetation.

The department plans to take their language to the Joint Legislative Committee on Administrative Rules on Feb. 15 and is leaving the public comment period open until Jan. 28.

The 1994 law was designed to protect the state's waters by regulating activity along its shore.

Adams said the standards are set out to more clearly balance rights of the public and private and to be more clear on what the limits are.

But those attending the meeting said the changes will make it more difficult for the typical person to figure out, requiring them to hire professionals to do more work. And they complain there has not been enough notice of the specifics.

"I would say 90 to 95 percent of the property owners don't have a clue this exists," said Fenton Varney of Melvin Village, a general contractor who believes that the greatest impact will be on longtime lakefront owners who plan to make improvements.

He estimated it will cost about $3,300 for a land surveyor to come survey a half-acre property to ensure that the "impervious surface area" or the structures built within the zone do not exceed set limits.

"The Legislature should realize what the cost to the public is going to be," Varney said.

Larry Morse, chair of the DES Wetlands Bureau, said the effort is to help property owners know what the limits are, and he agreed it comes down to controlling the built landscape on the shoreland.

It is this give-and-take being used by the department to give property owners an opportunity to build what they want provided they do more to improve the shoreland condition, Adams explained.

Judy Rice asked how the department plans to notify homeowners.

Darlene Forst of DES said there is no database of all shorefront property owners in the state and, therefore, it is difficult to get the information out.

But she said the department is working on a booklet to let people know what they can and cannot do in the shoreland zone and have it available this spring at municipal offices.

(KBCraig posted a link to this article in a thread, but I think this is important enough to post the whole article as a new topic.)

The law wreaking havoc here is RSA 483-B.

[John Edward Mercier]

Shore owners built this cage by complaining about lake users. The lake users are in practical terms a neighbor abutting their property. Not going to get any sympathy from me, when they propose restrictions on their neighbors than cry about those affecting them.