Protecting the water quality of New Hampshire’s lakes, ponds and rivers is the goal of the state’s Comprehensive Shoreland Protection Act. The law has been on the books for more than a decade -- but critics say there’s still a lack of awareness, understanding and enforcement of the act.
A legislative commission is studying how to make the law better, but it’s a long process that may result in only minor changes.
New Hampshire Public Radio’s Amy Quinton reports.
Nat sound water/boat 1336
Properties along the shoreline of the state’s largest lake give the perfect example of what’s wrong with the Shoreland Protection Act.
On one side of Lake Winnipesaukee, in Meredith, houses on the lakefront are barely noticeable.
They sit back 65 feet from the shore with a natural buffer of trees and shrubs between the house and the lake.
On the other side is Gilford, where houses sit back just 40 feet from the shore some with barely any vegetation in front.
Darlene Forst, the Shoreland Section Supervisor for the Department of Environmental Services is discouraged by what she sees.
1337 this particular property right here is for lack of a better term probably one of the poster children of why we’re looking at the shoreland protection act, what you see there is completely 100-percent compliant with the act..
She points to a sprawling mansion – extending across a lot at least a half acre in size.
Almost every inch of the property is developed, with several decks near the shoreline.
(Darlene )- “that was a completely treed lot and when you look at what’s left on that lot for trees, there’s three..â€
Trees and natural groundcover near the shore –called a woodland buffer – are supposed to be a requirement under the act.
The buffer prevents pollutants from running into the lake – such as pesticides, fertilizers, and sediment from erosion.
But Forst says the builder of this house managed to find what she calls a classic loophole in the law - building accessory structures onto a house.
1317 :10 If I want to clear out as many trees as I can then if you build a small structure such as a small gazebo or patio out in front of the house, and you happen to locate it where the trees are, if you build on it, it is exempt, therefore you now have an excuse to cut those trees, but you’re within the limits of the law.
The law allows builders to tear out vegetation surrounding buildings – and there’s no limit on the size of a building.
Forst says in some cases, the loophole essentially allows people to escape having a woodland buffer at all.
The woodland buffer issue has also been misinterpreted, says Brad Kuster, and attorney with the Conservation Law Foundation.
1350 basal - There’s an interpretation of this that has been followed that every time a new property owner comes along, that they can then eliminate 50-percent of the basal area, so somebody bought it ten years ago they can eliminate 50 percent of the trees, somebody buys it today, they can eliminate 50 percent of the trees.
A 24 member Shoreland Protection Act study commission has been meeting monthly for a more than a year now, but most of the time has been spent trying define terms in the act – terms such as “impervious surfaces.â€
Bill Smith with the New Hampshire Lakes Association says it’s important to understand, because science suggests the more impervious surface on a property– such as a building or paved area – the more it jeopardizes water quality.
1380 1:47 I think everyone would agree that a paved driveway is impervious, but how about a gravel drivewayâ€
Smith says understanding those terms has made the commission’s progress slow.
Commission Chairman and State Representative David Currier of Henniker says some parts of the law would make a homeowner’s eye’s glaze over.
1:50 the current act says the basal area, you can’t cut more than 50-percent in a 20 year period, and you sort of go off into the sky and say, “what does that mean†and quite frankly if you ask ten different people in that room what that mean you’ll get ten different answers.
The basal area of a tree is a forestry term that requires mathematical calculations.
Currently property owners don’t have to provide DES with a tree count, permit, or photo of what their land looks like before it’s altered.
The commission is working on establishing a new system so that a woodland buffer can be inventoried.
The system would be based on points – it’s something already used in Moultonborough and the state of Maine.
Lakefront property owner Eric Herr –who is also on the commission - says the law needs to be changed.
1370 :52 as a homeowner its just very complex to sort of wade through legislation and figure out what you can and can’t do, so one the things the commission is doing is creating a decision tree that allows a homeowner to understand at each stage what part of the regulations apply
Educating the public about the Shoreland Protection Act can be a difficult task, especially since many properties along waterfronts are second homes, or change owners often.
Since 2002, the law has required houses to sit back at lease 50 feet from the shore.
But not all town officials who approve building permits are aware of that.
And some towns with shorter setbacks were grandfathered.
Realtor Tom Howard, with New Hampshire Conservation Real Estate in Moultonborough, sits on the commission studying the Shoreland Protection Act.
6:49 we have 230 some odd municipalities and everyone’s regulations are somewhat different, certainly that’s a discussion the commission has been having because we feel there needs to be some consistency from town to town throughout the state just to make it a more easily enforced protection act.
DES received 474 complaints of violations to the Shoreline Protection Act from 1999 to 2004.
More than half of those have yet to be resolved partly because the department has only one person responsible for enforcement of the act– on more than 950 lakes and ponds alone.
Several commission members say because of the complexities in the law, the commission may end up making only minor changes.
The Shoreland Protection Act study commission will vote on several changes at its next meeting in September.
A final report is due to legislators in November.
For NHPR news, I’m Amy Quinton.
