The NH Comprehensive Shoreland Protection Act (CSPA), RSA 483-B, became effective on July 1, 1994 and established the "protected shoreland." The protected shoreland is all the land located within 250 feet of the "reference line" of public waters.

Within the protected shoreland, certain activities are restricted or prohibited, and others require a permit from the New Hampshire Department of Environmental Services (DES). All activities that are regulated by the DES must comply with applicable local, state, and federal regulations. For a summary of the minimum standards of the Shoreland Protection Act listing activities and the distances they must be set back from the reference line, see DES fact sheet WD-SP-5 or WD-SP-6 for more complete documentation of the minimum standards. For more information on regulated activities in protected shoreland, contact the DES Public Information and Permitting Office (PIP).

The protected shoreland is the area of land that exists between the reference line and 250 feet from the reference line. The reference line is the delineation between the water and the land for purposes of this act. The actual definition of the reference line is different for each type of waterbody. Waterbodies that fall under the jurisdiction of the CSPA are listed below as well as the definition of the reference line for each waterbody type.

Lakes and Ponds

All fresh waterbodies listed in the Official List of Public Waters published by DES are under the jurisdiction of the CSPA; this includes great ponds and artificial impoundments.

The reference line for fresh waterbodies is determined in one of three ways:

A. For natural fresh waterbodies without artificial impoundments, it is the natural mean high water level as determined by the DES.

B. For artificially impounded fresh waterbodies with established flowage rights, it is the limit of the flowage rights.

C. For artificially impounded fresh waterbodies without established flowage rights, it is the waterline at full pond as deter-mined by the elevation of the spillway crest.

Coastal Waters

All coastal waters subject to the ebb and flow of the tide, including the Great Bay Estuary and the associated tidal rivers, are under the jurisdiction of the CSPA. The reference line for coastal waters is the highest observable tide line, which means a line defining the furthest landward limit of tidal flow. This does not include storm events, which can be recognized by indicators such as the presence of a strand line of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide.

Rivers

The jurisdiction of the CSPA includes most major rivers and river segments, with certain exceptions. All rivers determined to be fourth order or higher using the Strahler method are under the jurisdiction of the CSPA. A listing of these Fourth Order Streams and Higher was compiled by the Office of State Planning (OSP), and can be obtained from OSP at (603) 271-2155 or the DES PIP Office at (603) 271-2975.

The reference line for streams and rivers under the jurisdiction of the CSPA is the ordinary high water mark. The ordinary high water mark is defined as the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water. It is indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water mark is not easily discernible, the ordinary high water mark may be determined by DES.

Fourth order streams that may be exempt from the Shoreland Protection Act are rivers or river segments designated under the New Hampshire Rivers Management and Protection Program prior to January 1, 1993. Shoreland protection for these rivers, or river segments, designated into the NH Rivers Management and Protection Program is the responsibility of the local river management advisory committee and local municipalities. Among other responsibilities, the local river management advisory committee is responsible for developing a river corridor management plan. For a list of designated rivers and more information on the New Hampshire Rivers Management and Protection Program see DES fact sheet R&L-2.