Setbacks from wetlands?

[codeman671]

I am looking at a waterfront lot on the lake and have a question regarding setbacks. The lot is fairly narrow and down one side is an area of poorly draining soils, not swamp. How close can you build to this? The building envelope shown on the plan goes basically right up to it but no actual town or state approvals are in place, just the survey.

Also, how close can a driveway be to a lot side line in say Alton or gilford?

[scomptonbuilder]

Originally Posted by codeman671

I am looking at a waterfront lot on the lake and have a question regarding setbacks. The lot is fairly narrow and down one side is an area of poorly draining soils, not swamp. How close can you build to this? The building envelope shown on the plan goes basically right up to it but no actual town or state approvals are in place, just the survey.

Also, how close can a driveway be to a lot side line in say Alton or gilford?

Hi codeman, my name is Scott Compton of Scott Compton Builder. To answer your first question, you need to identify if the wetlands is prime or non-prime. This is usually depicted on your survey or plot plan. I have built many houses on the water in Meredith and it is a 50' setback for non-prime and a 75' setback for prime. Hope this helps. The answer to your second question is, it depends on the town. You can call Dave Andreas who is the building inspector for gilford and he can give you all the setbacks. Every town has their own setbacks and as a builder, I still need to call the town hall of a town that I am not familiar with when ask to price out work. Feel free to contact me if you have any additional questions. My cell is 234-1277 or office 279-1029. you can also visit my web site at scottcomptonbuilder.com

[Slickcraft]

You have received good advice, talk to the town building inspector/code enforcement officer. Setbacks from lot lines and wetlands vary by town. Areas near the lake shore are governed by the state shoreline protection laws but the town official will also know all about that. In the end you would have to get a building permit from the same person anyway.

I am not aware of any driveway set-back from the lot line in Alton as shared driveway cuts are often used. But talk to the town official first.

[P-3 Guy]

Originally Posted by scomptonbuilder

Hi codeman, my name is Scott Compton of Scott Compton Builder. To answer your first question, you need to identify if the wetlands is prime or non-prime. This is usually depicted on your survey or plot plan. I have built many houses on the water in Meredith and it is a 50' setback for non-prime and a 75' setback for prime. Hope this helps. The answer to your second question is, it depends on the town. You can call Dave Andreas who is the building inspector for gilford and he can give you all the setbacks. Every town has their own setbacks and as a builder, I still need to call the town hall of a town that I am not familiar with when ask to price out work. Feel free to contact me if you have any additional questions. My cell is 234-1277 or office 279-1029. you can also visit my web site at scottcomptonbuilder.com

In Meredith, there are four kinds of wetlands under the zoning ordinance: designated wetlands, designated prime wetlands, non-designated wetlands and non-designated exempt wetlands. Non-designated exempt wetlands can be exempt from setback requirements if certain criteria are met, including a wetland area of less than 3,000 sq. ft.

[dpg]

I am looking at a waterfront lot on the lake

OK seeing as nobody called you out on it well, I've just got too. Good thing you clarified that the waterfron lot was on the lake and not in the woods. Sorry and now back to your regularly scheduled program.

[birchhaven]

The first step I would think would be to have a soil scientist flag the wetland (if it has not already been done) You said it is wet but not swamp, just being wet does not make a wetland, you need things like certain soils and certain vegetation, and the water . It could be you do not have a wetland just a wet spot. If it is a wetland then once it is delineated then hire a surveyor to put it on your plot plan and they will be able to show the proper offsets. Seems like a lot to do before you buy but it could save you a big headache.

[DickR]

Originally Posted by birchhaven

The first step I would think would be to have a soil scientist flag the wetland (if it has not already been done) You said it is wet but not swamp, just being wet does not make a wetland, you need things like certain soils and certain vegetation, and the water . It could be you do not have a wetland just a wet spot.....

Amen to that advice, with one addition to it. If the specialist flags any of it as "jurisdictional wetland," which would affect what you can do on it when you go for any state permit involving CSPA [edit: that's now SWQPA, for "Shoreland Water Quality Protection Act"], question the determination of this. Better yet, be present when the site visit is made. If the determination is made with a simple surface coring tool, insist on a proper evaluation in that spot, meaning some pick and shovel work.

I say this because such a determination was made on my lot a couple of years back. The rather small area was right in the middle of where the house was to go, and the "jurisdictional wetland" flagging was a real "deal breaker" for the house. Upon actual digging, done with a "second opinion" guy brought in for the dig, what they found (and detailed in a letter to me) was quite different from what the surface coring tool showed. Simply put, the flagged area failed the "soil test" requirement for being "wetland."

[codeman671]

Originally Posted by dpg

I am looking at a waterfront lot on the lake

OK seeing as nobody called you out on it well, I've just got too. Good thing you clarified that the waterfron lot was on the lake and not in the woods. Sorry and now back to your regularly scheduled program.

Waterfront on the lake as in on Lake Winnipesaukee.

Thats what I get for trying to put a quick post out with screaming kids in the background. One was trying to beat the other with the Sword of Gryffindor while the third looked on...