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NH Shoreland and Wetlands Permits

Updated 2026-10-10 · 6 min read

Building, clearing or adding a dock near NH water? What the shoreland protection act and wetlands rules require, and when you need an NHDES permit.

Two sets of rules for waterfront property

Lake, river and coastal property in New Hampshire usually falls under two state programs, both run by the NH Department of Environmental Services (NHDES):

  • The Shoreland Water Quality Protection Act (RSA 483-B) covers the land near the water: houses, additions, driveways, patios, tree cutting and excavation within 250 feet.
  • The wetlands law (RSA 482-A) covers work in or on the water and its banks, plus wetlands anywhere on your property: docks, boat lifts, beaches, retaining walls, rip-rap, dredging and filling.

Which waters the shoreland law covers

Under RSA 483-B, the shoreland rules apply to "public waters," which include:

  • Lakes, ponds and impoundments larger than 10 acres
  • Tidal waters
  • Year-round streams and rivers of fourth order or higher (fairly large streams)
  • Rivers designated under the state rivers program

The key distances: 250, 150 and 50 feet

All of these are measured from the "reference line." For lakes and ponds, that's the surface elevation NHDES lists for the waterbody in its Consolidated List of Water Bodies; for rivers it's the ordinary high water mark, and for coastal waters the highest observable tide line. Under RSA 483-B:

  • Protected shoreland: all land within 250 feet of the reference line. (Some smaller designated river segments use a narrower zone.)
  • Waterfront buffer: the first 50 feet. Tree and sapling cutting here is limited by a point system. The buffer is scored in segments 25 feet along the shore and 50 feet deep, and trees and saplings can be removed only while the remaining trees and saplings in that segment score at least 25 points. Stumps, roots and rocks generally have to stay in place. Pesticides, herbicides and other chemicals generally can't be applied in this buffer (licensed applicators are a limited exception). No fertilizer at all can be used within 25 feet of the reference line, and beyond that only slow- or controlled-release fertilizer.
  • Woodland buffer: the first 150 feet, which includes the waterfront buffer. At least 25% of the area between 50 and 150 feet must stay in natural woodland. Lots developed before July 1, 2008 that fall short don't have to add woodland, but can't reduce what they have.
  • Primary building line: new primary structures, like a house, generally must be set back at least 50 feet.
  • Impervious surfaces such as roofs, driveways and patios (gravel driveways count unless designed to infiltrate water): measured as a share of the part of the lot within the protected shoreland, coverage above 20% requires a stormwater management system. Coverage above 30% requires a stormwater system designed and certified by a professional engineer, and waterfront buffer segments that fall short of the point score must be replanted.

When you need a shoreland permit

Under RSA 483-B:5-b, you generally need a shoreland permit from NHDES for construction, excavation or filling in the protected shoreland. Smaller projects may qualify for a faster permit-by-notification. That option covers projects that impact less than 1,500 square feet and add no more than 900 square feet of impervious area, among other conditions. The statute sets response deadlines: within 30 days NHDES must decide a standard application or ask for more information, and it must accept or reject a permit-by-notification within 5 business days. Shoreland permits are valid for 5 years.

NHDES has an online tool to help you figure out whether your project needs a permit, along with application forms and contact details for the Shoreland Program, on its Protected Shoreland page. Fees are set by statute (RSA 483-B:5-b) and include a charge per square foot of area affected. As of October 2026 the statute lists a $400 base fee plus $0.20 per square foot for most permit-by-notification projects. That section was amended in 2026, so confirm the current fee with NHDES before you apply.

Shoreland permits don't replace local approvals (RSA 483-B:6). You may also need a building permit (see our building permit guide), and many lake towns have their own shoreland or wetland zoning setbacks.

Docks, boat lifts and shoreline work (wetlands permits)

Under RSA 482-A:3, you generally need an NHDES wetlands permit to excavate, dredge, fill or build structures in or on any bank, flat, marsh or swamp in or next to state waters. The application is generally signed by your town clerk, who sends copies to local boards including the conservation commission.

Permit types: the wetlands rules (Env-Wt 300) classify projects as minimum, minor or major impact. Some minimum-impact projects can use a faster track, such as a permit by notification or an expedited permit, which usually requires the conservation commission to sign off that it waives its right to intervene. Other projects need a standard permit. Fees: NHDES says wetlands application fees rose from $400 to $600 on July 1, 2025. Under RSA 482-A:3, many projects also pay a charge per square foot of dock, dredge or fill area.

Docks: NHDES's docking structures page says new docks, seasonal or permanent, and boat and personal watercraft lifts require wetlands approval. The statute allows a qualifying temporary seasonal dock on a lake or pond to go through a simpler notification instead of a full permit. It has to meet limits on size, frontage, distance from the property line and the number of docks. Check NHDES's current criteria before you buy a dock. For existing docks, NHDES offers voluntary dock registration as an alternative to getting a permit for every repair or replacement.

Shoreline stabilization: NHDES says a retaining wall can't be built to stabilize a shoreline if planting vegetation can do the job. Expect to justify hard armoring such as walls and rip-rap.

Seacoast properties: projects in tidal wetlands or the 100-foot upland tidal buffer zone must account for flood risk and sea-level rise, according to the NHDES Wetlands page.

Tips before you start a waterfront project

Waterfront work is easy to get wrong, and fixing a violation, such as replanting a cleared buffer, can cost more than doing it right. A few practical steps:

  • Have a surveyor or designer locate the reference line and the 50/150/250-foot lines on a plan before you design anything.
  • Ask contractors whether they've handled NHDES shoreland and wetlands permits before, and who will prepare and file them.
  • Don't cut trees or regrade near the water until you know what the buffer rules allow.
  • If your property has a septic system near the water, read our septic guide. A waterfront sale has its own septic evaluation requirement.
  • Contact NHDES early with questions. The Shoreland Program has an Inspector of the Day, and contact details are on the Protected Shoreland page. Wetlands Bureau contacts are on the Wetlands page.

A note on accuracy

Parts of the shoreland and wetlands statutes were amended in 2026, and the wetlands rules (Env-Wt) were overhauled in December 2019 and revised again since, including in 2023 and 2024. This guide is general information that summarizes the framework as of October 2026. It is not legal advice, so confirm current requirements, fees and forms with NHDES and your town before you apply.

Sources

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