Slainte:
If you are simply paving an existing gravel driveway and the footprint of that driveway will not change, then you do not need a Shoreland Protection permit from the NH Department of Environmental Services. If anyone asks you to explain why not, please refer them to Rule Env-Wq 1406.04, Activities in Protected Shoreland That Do Not Require a Shoreland Permit, (c), (4). If the person questioning your actions actually takes the time to look up the rule and read it they may question the fact that said rule says there can be no change in the impervious surface footprint. You can assure them that pursuant to RSA 483-B:4 VII-b gravel driveways are considered to be impervious and thus conversion from gravel to pavement does meet the requirement for the exemption. If they persist and point out that you needed to either grade the existing gravel or add a small amount of gravel to prep the surface to receive the pavement and that this is filling and thus not exempt please respond that the Department does not consider this excavation or fill unless it is sufficient to alter the pre-existing grade or drainage pattern. (Please note, if you are in fact laying down enough material to change grades or drainage patterns they have a point you should contact DES at 603-271-2147). If they persist and still believe that you are doing something illegal just tell them you "know someone." That should take care of the problem because simply put it is easier for some people to accept that government is corrupt, than it is for them to accept that a government agency might have had the good sense to see that making people get a permit to resurface their existing driveways was just going to result in great deal of time reviewing meaningless paperwork with no environmental benefit, and thus they exempted the activity.
D. Forst
Shoreland Section Supervisor
NH DES
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