Section 482-A:26 Dwellings Over Water. - New Hampshire Statutes

   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. 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, where the effect of repair or reconstruction of a structure subject to the provisions of this section represents greater protection of public water or the environment and where such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity, the commissioner may waive the existing standards, provided that there shall be no expansion of the existing footprint, outside dimensions, and square footage of floor space; and there shall be a net reduction in the total square footage of kitchen, bathroom, shower, and toilet facilities.
   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 reconsideration and 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, eff. Jan. 1, 1999. 2002, 272:16, eff. May 18, 2002.