NH DES PROPOSED AMENDMENT

The following has been proposed:

V-a. Subject to IV-b, below, activities in the protected shoreland shall not require a permit under this 5
section if: 6
(a) The activities are specifically identified in an application that has been the subject of notice 7
by a planning board pursuant to RSA 676:4, I(d) or the zoning board of adjustment prior to July 1, 2007, 8
regardless of whether an approval has yet been issued, provided that such application is ultimately 9
approved by the municipal board(s) having authority over the activities covered by the application; 10
(b) The activities are specifically identified in a building permit application submitted to a 11
municipality prior to July 1, 2007; 12
(c) A concrete foundation for the primary structure was installed as part of an active project 13
prior to April 1, 2008; 14
(d) The activities are specifically identified in a variance or redevelopment waiver issued by the 15
department prior to April 1, 2008 pursuant to RSA 483-B, unless the approval specifically requires the 16
permittee to obtain a permit pursuant to this section if work was not commenced prior to April 1, 2008; 17
or 18
(e) The activities were specifically approved in a permit issued pursuant to RSA 485-A:17 prior 19
to April 1, 2008, unless the approval specifically requires the permittee to obtain a permit pursuant to 20
this section if work was not commenced prior to April 1, 2008. 21
IV-b. An exemption shall not be available under paragraph IV-a if: 22
(a) The applicant proposes changes to the activities from those that would otherwise be exempt 23
under paragraph IV-a, and such changes would increase impacts in the natural woodland buffer 24
established by RSA 483-B:9, V(b)(1); or 25
(b) The applicable permit, approval, variance, or redevelopment waiver expires or otherwise 26
lapses prior to work commencing, or is revoked for cause by the issuing authority. 27
2 Natural Woodland Buffer. Amend RSA 483-B:9, V(b)(2)(A) to read as follows: 28
(2) Within the natural woodland buffer of a given lot: 29
(A) At least 50 percent of the area outside of the waterfront buffer, exclusive of impervious 30
surfaces, shall be maintained in an undisturbed state. Owners of lots legally developed prior to April 1, 31
2008 that do not comply with this standard are encouraged to, but shall not be required to, increase the 32
percentage of area maintained in an undisturbed state, except as required by the department under RSA 33
483-B:11, II. The percentage of area maintained in an undisturbed state on nonconforming lots shall not be 34
decreased. 35
3 Effective Date. This act shall take effect April 1, 2008. 36

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