In New Hampshire, jurisdictional wetlands are grouped into two general categories: vegetated wetlands and surface waters. Vegetated wetlands are identified based on three criteria: hydric soils , hydrophytic vegetation (water loving plants) and hydrology (evidence of water at or near the surface of the ground).

Examples of vegetated wetlands include, but are not limited to: swamps, bogs, marshes, forested wetlands, wet meadows and vernal pools. Wetlands that have been municipally designated as prime wetlands and have a 100 foot prime wetland buffer zone are also considered jurisdictional wetlands.
Jurisdictional surface waters include, but are not limited to: lakes, ponds, tidal waters, rivers and streams, including their beds and banks. All land within 100 feet of the highest observable tide line, known as the tidal buffer zone, is considered a jurisdictional wetland area.

Under wetlands law, RSA 482-A, there are no wetland setbacks except for those wetlands that have been municipally designated as prime wetlands and have a 100 foot prime wetland buffer zone and all areas of land within 100 ft of tidal wetlands know as the tidal buffer zone. Impacting areas within prime wetlands, prime wetland buffer zones and tidal buffer zones often requires a wetlands permit from DES.

The Shoreland Water Quality Protection Act, RSA 483-B, has a 50 foot setback for all new primary structures on protected surface waters and has a 20 foot setback for accessory structures such as sheds, gazebos and patios. There are also limitations on removing vegetation adjacent to many surface waters and this is explained within the Vegetation Maintenance FACT SHEET.

The Subdivision and Individual Sewage Disposal System Design Rules require that septic systems are installed at least 75 feet from very poorly drained jurisdictional wetlands and 50 feet from poorly drained jurisdiction wetlands. When installing septic systems within the protected shoreland, if the receiving soil of the septic system is a porous sand and gravel material with a percolation rate equal to or faster than 2 minutes per inch, the setback is at least 125 feet from the reference line of the waterbody.

Additionally, many municipalities have ordinances that are more stringent than state laws and often include wetland setbacks. Always ensure you meet local regulations when planning your proposed project.

The mowing and cutting of vegetation, including trees, within wet meadows or forested wetlands such as red maple swamps, hemlock swamps, spruce/ fir swamps and white pine swamps is permissible without a wetlands permit provided of the following conditions are met:

(1) The roots of the vegetation are not disturbed;
(2) The ground is frozen or sufficiently dry to avoid making ruts;
(3) The area is stabilized once thawed; and
(4) The project is not located within a prime wetland, prime wetland buffer zone, or 100 foot tidal buffer zone.

Impacting wetlands by excavating, filling, removing or dredging materials, rutting and constructing structures on or within jurisdictional wetlands including the beds and banks of streams, rivers, lakes, ponds and tidal areas, 100 feet of the highest observable tide line of all tidal areas and prime wetland buffer zones requires a wetlands permit including:

• Construction of roadways or rutting or driving through wetlands under non-frozen conditions
• Installation or replacement or modification of a culverts
• Trail construction - Wetland crossings
• Utility inspection, maintenance and repair (electric, gas, water)
• Pond construction that is not for an active farm pond
• Beach construction or replenishment of beach sand
• Constructing and repairing boat houses
• Constructing an repairing breakwaters
• Construction, modification and repair of docking structures
• Installing watercraft lifts
• Construction repair or modification of any retaining wall

Any other project that requires dredging or filling or construction that is not exempt below

With the exception of wetlands permits issued to repair or replace shoreline structures, wetlands permits are valid for 5 years. Wetlands permits issued to repair or replace shoreline structures to maintain their safety and integrity such as, but not limited to: docks, sea walls, breakwaters, riprap, access ramps and stairs that are damaged by storms or ice are valid for 10 years provided any work performed after the initial permitted work is completed meets the following conditions:

(1) The original permit has not been revoked or suspended without reinstatement;
(2) All structures are repaired or replaced to the original permitted location and configuration; and
(3) All significant work is reported to the department in accordance with the reporting requirements for the original permit.

With the exception of 10 year wetlands permits issued to repair or replace shoreline structures, a single wetland permit extension , not exceeding 5 years, may be granted provided the applicant demonstrates all of the following:

(1) The permit for which the extension is sought has not been revoked or suspended without reinstatement;
(2) The extension does not violate a condition of law or rule;
(3) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit; and