reglab/housing_qa huggingface dataset:
NH Rev Stat § 483-B:6 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:6 - Other Required Permits and Approvals.

    483-B:6 Other Required Permits and Approvals. –||I. Within the protected shoreland, any person intending to:||(a) Engage in any earth excavation activity shall obtain all necessary local approvals in compliance with RSA 155-E.||(b) Construct a water-dependent structure, alter the bank, or construct or replenish a beach shall obtain approval and all necessary permits pursuant to RSA 482-A.||(c) Install a septic system as described in RSA 483-B:9, V(c) shall obtain all permits pursuant to RSA 485-A:29.||(d) Conduct an activity resulting in a contiguous disturbed area exceeding 50,000 square feet shall obtain a permit pursuant to RSA 485-A:17.||(e) Subdivide land as described in RSA 483-B:9, V(e) and (f) shall obtain approval pursuant to RSA 485-A:29.||(f) Conduct an activity regulated under a local zoning ordinance shall obtain all necessary local approvals.||II. In applying for approvals and permits, pursuant to paragraph I, applicants shall demonstrate that the proposal meets or exceeds the development standards of this chapter. The department shall develop minimum standards for information to be required on or with all applications under paragraph I. The department or municipality shall grant, deny, or attach reasonable conditions to approvals or permits listed in subparagraphs I(a)-(f) and RSA 483-B:5-b, to protect the public waters or the public health, safety, or welfare. Such conditions shall be related to the purposes of this chapter.||III. The commissioner shall have the sole authority to issue variances and waivers of the provisions of this chapter as specifically authorized by this chapter.||IV. No variance, permit, or approval issued by a municipality shall exempt the owner from obtaining any other necessary permit or approval from the department as required by this chapter.|||Source. 1991, 303:1. 1992, 235:10. 1996, 17:3. 2002, 263:8. 2007, 267:7. 2008, 5:8, eff. May 1, 2008; 5:19, eff. July 1, 2008. 2019, 346:287, eff. July 1, 2019.|
NH Rev Stat § 483-B:7 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:7 - Reporting; On-Site Inspections; Local Participation.

    483-B:7 Reporting;  On-Site Inspections;  Local Participation. –||The department may devise a system whereby municipal officials may voluntarily assist with the permitting process under RSA 483-B:6 and the subsequent enforcement of permit conditions, by performing certain reporting functions relative to on-site inspections. Utilization of such reports shall be at the department's discretion, but may, when appropriate, obviate the need for further on-site review by department staff.|||Source. 1991, 303:1. 1992, 235:23, eff. Jan. 1, 1993.|
NH Rev Stat § 483-B:7-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:7-a - Repealed by 2017, 256:2, eff. Nov. 1, 2017.

    483-B:7-a Repealed by 2017, 256:2, eff. Nov. 1, 2017. –|
NH Rev Stat § 483-B:8 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:8 - Municipal Authority.

    483-B:8 Municipal Authority. –||I. Municipalities may adopt land use control ordinances relative to all protected shorelands which are more stringent than the minimum standards contained in this chapter.||II. Municipalities are encouraged to adopt land use control ordinances for the shorelands of water bodies and water courses other than public waters.||III. Municipalities in which protected shoreland is situated may enforce the provisions of this chapter by issuing cease and desist orders and by seeking injunctive relief or civil penalties as provided in RSA 483-B:18, III(a) and (b). Civil penalties and fines collected by the court shall be remitted within 14 days to the treasurer of the municipality prosecuting said violations, for the use of the municipality. Any municipality electing to enforce the provisions of this chapter shall send copies of any pleading to the attorney general at the time of filing. Municipalities bordering the same water body are encouraged to employ jointly a single code enforcement officer to monitor compliance.||IV. The authority granted to municipalities under this chapter shall not be interpreted to extend to RSA 430:28-48.||V. Municipalities bordering the same water body are encouraged to employ jointly a single code enforcement officer to monitor compliance.|||Source. 1991, 303:1. 1992, 235:11, eff. Jan. 1, 1993.|
NH Rev Stat § 483-B:10 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:10 - Nonconforming Lots of Record.

    483-B:10 Nonconforming Lots of Record. –||Nonconforming, undeveloped lots of record that are located within the protected shoreland shall comply with the following restrictions, in addition to any local requirements:||I. Except when otherwise prohibited by law, present and successive owners of an individual undeveloped lot may construct a single family residential dwelling and appurtenant accessory structures on it, notwithstanding the provisions of this chapter. Conditions may be imposed which, in the opinion of the commissioner, more nearly meet the intent of this chapter, while still accommodating the applicant's rights.||II. Building on nonconforming lots of record shall be limited to single family residential structures and related facilities, including, but not limited to, appurtenant accessory structures such as walkways and driveways, and water dependent structures such as docks, piers, and breakwaters consistent with state law.||III. Consistent with RSA 674:39-a, a municipality shall not merge adjacent nonconforming lots in common ownership without the consent of the owner.|||Source. 1991, 303:1. 1992, 235:19. 1994, 383:15. 2009, 218:20. 2011, 224:402, 403, eff. June 29, 2011.|
NH Rev Stat § 483-B:11 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:11 - Nonconforming Structures.

    483-B:11 Nonconforming Structures. –||I. Except as otherwise prohibited by law or applicable municipal ordinance, nonconforming structures located within the protected shoreland may be repaired, replaced in kind, reconstructed in place, altered, or expanded. Repair, replacement-in kind, or reconstruction in place may alter or remodel the interior design or existing foundation of the nonconforming structure, but shall result in no expansion or relocation of the existing footprint within the waterfront buffer. However, alteration or expansion of a nonconforming structure may expand the existing footprint within the waterfront buffer, provided the structure is not extended closer to the reference line and the proposal or property is made more nearly conforming than the existing structure or the existing conditions of the property. This provision shall not allow for the enclosure, or conversion to living space, of any deck or open porch located between the primary structure and the reference line and within the waterfront buffer.||II. For the purposes of this section, a proposal that is "more nearly conforming" means alteration of the location or size of the existing footprints, or redevelopment of the existing conditions of the property, such that the structures or the property are brought into greater conformity with the design standards of this chapter. Methods for achieving greater conformity include, without limitation, reducing the overall square footage of structural footprints, enhancing stormwater management, adding infiltration areas and landscaping, upgrading wastewater treatment, improving traffic management, or other enhancements that improve wildlife habitat or resource protection.||III. An expansion that increases the sewerage load to an onsite septic system, or changes or expands the use of a septic system, shall require a subsurface approval issued by the department.||IV. Under paragraph I, and except as otherwise prohibited by law or applicable municipal ordinance, primary nonconforming structures may be entirely demolished and reconstructed, with continued encroachment into the waterfront buffer, provided the replacement structure is located farther back from the reference line than the preexisting nonconforming structure.||V. Notwithstanding paragraphs I and IV, between the primary building line and the reference line, no alteration shall extend the structure closer to the public water, except that a deck or open porch extending a maximum of 12 feet towards the reference line may be added to nonconforming structures erected prior to July 1, 1994.|||Source. 1991, 303:1. 1992, 235:20. 1994, 383:16, 17. 1996, 17:6. 2002, 263:10. 2007, 267:10. 2008, 5:11, 22. 2011, 224:404. 2012, 276:2, 3, eff. June 19, 2012.|
NH Rev Stat § 483-B:12 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:12 - Shoreland Exemptions.

    483-B:12 Shoreland Exemptions. –||I. The governing body of a municipality may, in its discretion, request the commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the governing body finds that special local urbanization conditions as defined in RSA 483-B:4, XXV, exist in the protected shoreland for which the exemption is sought.||II. If the governing body of a municipality requests such an exemption, it shall submit evidence of existing and historical patterns of building and development in the protected shoreland in demonstration of the special local urbanization conditions. Such evidence shall address:||(a) Current and past building density.||(b) Commercial, industrial, or residential uses.||(c) Municipal or other public utilities.||(d) Current municipal land use regulations which affect the protected shoreland.||(e) Designation as a downtown, community center, central business district, or urbanized area or urban cluster as delineated by the United States Census Bureau.||(f) Any other information which the commissioner may reasonably require.||III. With the advice of the office of planning and development, the commissioner shall approve or deny the request for an exemption and shall issue written findings in support of his decision. A request for an exemption shall be approved only if the municipality demonstrates, using the evidence required under paragraph II, that special conditions of urbanization exist along the portion of shoreland to be exempted.||IV. The Pease development authority, division of ports and harbors may request an exemption under this section for all or a portion of any land purchased, leased, or otherwise acquired by it pursuant to RSA 12-G:39.|||Source. 1991, 303:1. 2001, 290:15. 2003, 319:9. 2004, 257:44. 2009, 218:21, eff. Sept. 13, 2009. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.|
NH Rev Stat § 483-B:13 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:13 - Repealed by 1992, 235:28, II, eff. Jan. 1, 1993.

    483-B:13 Repealed by 1992, 235:28, II, eff. Jan. 1, 1993. –|
NH Rev Stat § 483-B:14 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:14 - Rehearings and Appeals.

    483-B:14 Rehearings and Appeals. –||Where the requirements of this chapter amend the existing statutory authority of the department or other agencies relative to certain established regulatory programs and shall be enforced under these established regulatory programs, the existing procedures governing contested cases and hearings and appeals regarding these requirements shall apply. Where requirements of this chapter are new and do not amend existing statutory authority relative to any established regulatory programs, the procedures set forth in RSA 541-A:31 for contested cases shall apply.|||Source. 1991, 303:1. 1992, 235:24. 1994, 412:51, eff. Aug. 9, 1994.|
NH Rev Stat § 483-B:15 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:15 - Gifts, Grants and Donations.

    483-B:15 Gifts, Grants and Donations. –||The department is authorized to solicit, receive, and expend any gifts, grants, or donations made for the purposes of this chapter. Gifts of land or easements shall be assigned to the department of natural and cultural resources for management or assignment to another state agency or other public body, as appropriate.|||Source. 1991, 303:1, eff. July 1, 1994. 2017, 156:14, I, eff. July 1, 2017.|
NH Rev Stat § 483-B:16 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:16 - Assistance to Municipalities; Office of State Planning and Energy Programs.

    483-B:16 Assistance to Municipalities;  Office of State Planning and Energy Programs. –||The office of planning and development may assist municipalities with the implementation of local ordinances under this chapter, upon the request of an individual municipality.|||Source. 1991, 303:1. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.|
NH Rev Stat § 483-B:17 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:17 - Rulemaking.

    483-B:17 Rulemaking. –||The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:||I. The content and structure of all forms, applications and permits to be received or issued by the department under this chapter, including information and other materials to be submitted by an applicant.||II. Procedures for filing and review of requests for urbanized shoreland exemptions and standards for granting urbanized shoreland exemptions, including time frames for decisions.||III. Implementation and enforcement of the minimum shoreland standards, including methods and timing of inspection and coordination with municipalities.||IV. Procedures and criteria for the size and placement of small accessory structures such as storage sheds and gazebos, which are consistent with the intent of this chapter, between the reference line and the primary building line.||V. Criteria governing the assessment of administrative fines.||VI. Criteria governing low phosphate, slow release nitrogen fertilizer.||VII. A methodology for identifying unsafe trees.||VIII. [Repealed.]||IX. Definitions of terms not defined in this chapter.||X. Procedures and criteria for permitting under RSA 483-B:5-b, including permit by notification and the identification of those activities that may be conducted without obtaining a permit, all consistent with the provisions of this chapter.||XI. Requests for extensions of permits for activities within the protected shoreland.|||Source. 1991, 303:1. 1992, 235:25. 1994, 383:18. 1996, 100:2. 2002, 263:11. 2007, 267:11; 269:2. 2008, 5:23. 2009, 218:22, 23, III. 2011, 143:4, eff. Aug. 6, 2011; 224:405, eff. June 29, 2011.|
NH Rev Stat § 483-B:18 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:18 - Penalties.

    483-B:18 Penalties. –||I. The following shall constitute a violation of this chapter:||(a) Failure to comply with the provisions of this chapter.||(b) Failure to obey an order of the commissioner or a municipality issued relative to activities regulated or prohibited by this chapter.||(c) Misrepresentation by any person of a material fact made in connection with any activity regulated or prohibited by this chapter.||II. Any person who violates this chapter and any person who purchases land affected by a violation of this chapter who knew or had reason to know of the violation shall be liable for remediation or restoration of the land affected to bring it into compliance with the provisions of this chapter.||III. Persons violating the provisions of this chapter and damaging the public waterway who, after notification by the department, fail to make a good faith effort at remediation and restoration shall be subject to the following:||(a) Upon petition of the attorney general or of the municipality in which the violation occurred, the superior court may levy upon any person violating this chapter a civil penalty in an amount not to exceed $5,000 for each continuing violation. The superior court shall have jurisdiction to restrain a continuing violation of this chapter, and to require remediation.||(b) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil penalties under this chapter.||(c) Notwithstanding the $5,000 fine limit in subparagraph (b), the administrative fine for each repeat violation of this chapter may be multiplied by a factor of 2 for every previous violation committed by the person or entity.|||Source. 1991, 303:1. 1994, 383:19. 2002, 169:2. 2011, 224:406, eff. June 29, 2011. 2013, 153:8, eff. Aug. 27, 2013.|
NH Rev Stat § 483-B:19 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:19 - Repealed by 2007, 267:14, I, eff. April 1, 2008.

    483-B:19 Repealed by 2007, 267:14, I, eff. April 1, 2008. –|
NH Rev Stat § 483-B:20 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:20 - Repealed by 2007, 267:14, II, eff. April 1, 2008.

    483-B:20 Repealed by 2007, 267:14, II, eff. April 1, 2008. –|
NH Rev Stat § 483-B:21 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:21 - Repealed by 2010, 306:2, eff. Dec. 31, 2015.

    483-B:21 Repealed by 2010, 306:2, eff. Dec. 31, 2015. –|
NH Rev Stat § 483-B:22 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-B - Shoreland Water Quality Protection Act|Section 483-B:22 - Coastal and Great Bay Region Reports.

    483-B:22 Coastal and Great Bay Region Reports. –||I. The commissioner of the department of environmental services shall convene representatives of the department of transportation, the division of homeland security and emergency management, the office of planning and development, and other agencies as he or she deems appropriate, at least every 5 years, commencing July 1, 2019 to supervise an updating of storm surge, sea-level rise, precipitation, and other relevant projections recommended in the coastal risks and hazards commission 2014 report "Sea-Level Rise, Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected Trends." This report shall be distributed to all state agencies, municipalities in the coastal and Great Bay region, the governor, the speaker of the house of representatives, the president of the senate and the chairs of the house and senate committees with jurisdiction over issues related to such projections.||II. New Hampshire state agencies involved in planning, siting, and design of state-funded structures and facilities, public works projects, and transportation projects, as well as land acquisition and management, and other environmental activities in the coastal and Great Bay regions of New Hampshire, shall reference the Coastal Risks and Hazards Commission report, "Sea-level Rise, Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected Trends," for guidance on all potentially affected activities. Agencies shall develop, as possible and appropriate, uniform standards of guidance, in conformity with the report. Efforts designed with a previous report identified in paragraph I shall not be required by the department to adapt their designs to accommodate the findings of an updated report but may do so as practicable.||III. The department shall maintain a link to all versions of the report on its web page.|||Source. 2016, 121:1, eff. July 19, 2016. 2017, 156:64, eff. July 1, 2017. 2019, 249:1, eff. July 16, 2019. 2021, 91:198, eff. July 1, 2021.|
NH Rev Stat § 483-C:1 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-C - Public Use of New Hampshire Coastal Shorelands|Section 483-C:1 - Public Use of Coastal Shorelands.

    483-C:1 Public Use of Coastal Shorelands. –||I. It is the purpose of the general court in this section to recognize and confirm the historical practice and common law right of the public to enjoy the greatest portion of New Hampshire coastal shoreland, in accordance with the public trust doctrine subject to those littoral rights recognized at common law.||II. The general court recognizes that New Hampshire holds in "public trust" rights in all shorelands subject to the ebb and flow of the tide to the high water mark and subject to those littoral rights recognized at common law. This "public trust" shoreland establishes the extreme seaward boundary extension of all private property rights in New Hampshire except for those "jus privatum" rights validly conveyed by legislative act without impairment of New Hampshire's "jus publicum" interests.||III. Any person may use the public trust coastal shorelands of New Hampshire for all useful and lawful purposes, to include recreational purposes, subject to the provisions of municipal ordinances relative to the "reasonable use" of the public trust shorelands.||IV. The provisions of this section shall in no way be construed as affecting the title of private property owners of land contiguous to land subject to the public trust.||V. The high water mark which bounds the shoreward extent of the public trust shorelands in New Hampshire, excluding abnormal storm events, means the average height of all the high waters over a complete tidal cycle commonly referred to as the mean high tide line. The landward trace of the high water mark in New Hampshire is established by the tidal station data within the contemporary 19-year "National Tidal Datum Epoch" for Portland, Maine, Casco Bay (NOS MAINE 841 8150) as that data is transposed to New Hampshire tidal stations by the "differences" tidal constant established by the National Ocean Service (NOS) of the National Oceanic and Atmospheric Administration (NOAA) for New Hampshire tidal stations and published in the annual "Tide Tables High and Low Water Predictions, East Coast of North and South America, Including Greenland". The contemporary 19-year National Tidal Datum Epoch is the national tidal database maintained by NOS of NOAA.||VI. For the purposes of this section, "coastal shorelands" means that portion of the shoreland extending to the high water mark.|||Source. 1995, 8:1, eff. June 3, 1995. 2021, 208:2, Pt. VI, Sec. 1, eff. Aug. 10, 2021.|
NH Rev Stat § 483-D:1 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 483-D - Winnipesaukee River Watershed|Section 483-D:1 - Model Required.

    483-D:1 Model Required. –||The department of environmental services shall develop and implement a model for managing the flow of water in the Winnipesaukee River watershed.|||Source. 1998, 384:1. 2010, 368:12, eff. Dec. 31, 2010.|