The DES and the Shoreland Water Quality Protection Act

The privilege of owning property which abuts a protected waterbody such as Stocker Pond comes both with rewards and responsibilities. Most people are aware of the rewards; some are not aware of the constraints and responsibilities.

The NH Department of Environmental Services (DES) states that "The Shoreland Water Quality Protection Act (SWQPA) was enacted to protect surface water quality by controlling soil erosion and reducing nutrient and pollutant loading through limitations on impervious surfaces and the maintenance of vegetated buffers, and other regulations." In particular, it establishes minimum standards for the use and alteration of shorelands within 250 feet of the shoreline and produces helpful documentation and instructions regarding the permitting processes.

Article XI-C of Grantham's Zoning Ordinance often amplifies the minimum standards set by the DES.

Specifically, and change in "land use" (defined below) will require a special exception by Grantham's ZBA and most likely a Shoreland permit from the DES. Grantham's Zoning Ordinance defines a change in land use as:

1. Construction of any new structure (see structure definition in Article XIX).
2. Modification to an existing structure that changes its footprint.
3. Any excavation or filling of land exceeding three cubic yards.
4. Any alteration of land which includes removal of any ground cover as ground cover is defined in RSA 483-B:4 VII.
5. Alteration of the shoreline.
6. Use of chemicals or fertilizers.

How is the protected shoreland characterized?

The DES subdivides the 250 foot protected shoreland buffer into subregions which have more stringent restrictions as they get closer to the reference line (waterline). The image below depicts the woodland and waterfront buffers within the protected shoreland.

The DES provides an excellent overview of Vegetation Management for Water Quality and how it applies to the waterfront and woodland buffers as well as the Protected Shoreland FAQ.

The DES as well as local agencies like the Lake Sunapee Protection Association (LSPA) provide many other resources for owners of waterfront property.