Shoreland Water Quality Protection Act

Issue Facts

By: Paul Montrone, New Hampshire Shoreland Coalition member and Jared Teutsch, NH Lakes Association

New Hampshire's waterways are vast reservoirs of culture and tradition. They are economic pumps that contribute over $1.8 billion a year to our economy and are the source of over 50,000 jobs. Our lakeshores are the crown jewels of New Hampshire and most often contribute the lion's share of a town's property tax base.

The Comprehensive Shoreland Protection Act (CSPA) was initially enacted in 1991. It was substantially amended in 2007 and its new provisions became effective as of July 1, 2008. The law is primarily aimed at protecting the public waters of the state and applies strict rules to the use and development of the land located from the shoreline to 250 feet inland (the “protected shoreland”). Permits from the state are required for all construction, excavation and filling. This Act was substantially amended in 2011 and is now called the Shoreland Water Quality Protection Act.

The act requires a permit from the New Hampshire Department of Environmental Services (DES) before commencement of any “construction, excavation or filling activity within the protected shoreland” where construction is defined to include “any activity that results in an increase in the impervious surface area on a property.”

In addition, within the protected shoreland, the act sets “minimum standards” for property use. In 2011, the CSPA was substantially amended and renamed the Shoreland Water Quality Protection Act. These issue facts are in the process of being rewritten to present the results of this Amendment.

Tortuous trail to law
The act's journey toward becoming law essentially began with HB 1462, which was signed into law by Governor Lynch on July 13, 2010. It created a Shoreland Advisory Committee to address regulation pertaining to the CSPA.
 
Other legislation followed, including SB 154, which was accepted by the House on May 4, 2011, after passing the Senate on March 30, 2011. It would rename the existing measure to the Shoreland Water Quality Protection Act and allow for an expedited permit process for many projects near shore property. The measure received unanimous support in the House Resources Recreation and Development Committee on April 2, 2011, then was accepted by the House then referred to the House Finance Committee for review.

But then language to repeal the state's participation in the Regional Greenhouse Gas Initiative was inserted into the bill. It passed both chambers. But, because of the insertion of the RGGI language, Gov. John Lynch vetoed SB 154 on July 6, 2011.

But all was not lost on shoreland protection reform. After the RGGI language was inserted by the House into SB 154, making it vulnerable to the governor's veto, Senate Republicans inserted the shoreland protection reform language into HB 2, one of the two state budget bills. Since Lynch chose to let the budget become law without his signature or veto, the shoreland reforms also become law.

SB 124 was considered in the Senate Energy and Natural Resources Committee, where it was deemed as being "inexpedient to legislate" on Feb. 23, 2011. That vote killed the measure.