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2004 New Hampshire Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagnh0007 and id is 1 raw text is: ATTORNEY GENERAL DEPARTMENT OF JUSTICE 33 CAPITOL STREET CONCORD, NEW HA-AMPSIIIRE O3301-6397 KELLY A. AYOTTE September 2, 2004 Michael P. Nolin, Commissioner Department of Environmental Services 29 Hazen Drive Concord. New laipshire 03301 Dear Commissioner Nolin: This responds to your request for clarification of several issues involving the interaction between the Shoreland Protection Act and other state and municipal regulatory programs. Specifically, you inquired about the obligations of the Department of Environmental Services (DES) under the Act when issuing other environmental permits, and the circumstances under which a local shoreland ordinance, rather than the Act, applies to a particular project. 1. TIE SHORELAND PROTECTION ACT REQUIRES ThE DEPARTMENT OF ENVTRONMENTAL SERV[CES, IN PERMITTING A PROJECT WITHIN THE PROTECTED SHORELAND THAT FALLS UNDER SEPARATE PERMIT JURISDICTION OF THE AGENCY, ALSO TO ASSESS WHETHER THE APPLICANTS PROPOSAL MEETS TIEt MINIMUM SHORELAND PROTECTION DEVELOPMENT STANDARDS. The Comprehensive Shoreland Protection Act, RSA Chapter 483-B (the Act), originally enacted in 1991. functions statewide as an additional layer of regulation which overlays existing state and municipal permitting schemes, such as building permits, wetlands permits, and septic system approvals. 1991 N.H. Laws 303:1. Aimed at protecting the state's public waters and preventing uncoordinated, unplanned and piecemeal development along the state's shorelines, the Act establishes generally applicable minimum standards for development within the protected shoreland. RSA 483-B:1 (Purpose); RSA 483-13:9 (Minimum Standards).' In keeping with its comprehensive nature, the Act applies to all state and local permitting decisions which might affect the development of waterfront property. RSA 483-1:3, I (State and local permits for work within the protected shorelands 1 The Act applies to land within 250 feet ofthe reference line or high water mark. RSA 483-B:4, XV (definition of protected shoreland), XV11 (defuilion of reference line). Telephone 103--171-3658 * FAX 003-271-2110 * TDD Acres: Reiny Nil 1-800-735-2tM

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