Adding a deck rules?

[RyanDe]

So, I'm heard very different things from about half a dozen people now, which is surprising but figured I would ask here in case someone has done this recently. The current house (we're looking at) is about 6-8' from the reference line and we'd like to add a basic deck to it. Some people have said no because it's too close, other said no because you can't addon towards the water but I was reading the rules and found this:

As specified in RSA 483-B:11, V, no alteration shall be made to an existing structure between the
primary building line and the reference line that extends the structure closer to the public water, except that a
deck or open porch extending a maximum of 12 feet towards the reference line may be added to
nonconforming structures erected prior to July 1, 1994.

This gives me hope. If I'm reading it right this means I could add a basic deck on even if it is super close to the water already. Is that right? Did I miss a rule? I couldn't really find anything else mentioning decks.

[ITD]

Best to go and talk to the building inspector for the town the house is in. Bring a plot plan if you have it, otherwise they may be able to pull it for you. Get it right from the horses mouth, and if it is important to you, you can make obtaining a permit a part of the sale contingency.

[Onshore]

The Shoreland Act, RSA 483-B, would not prohibit construction of a 6 - 8 ft. deck between the house and the water. A Shoreland Impact Permit would be required. However, the Wetlands Act, RSA 482-A, could prove to be prohibitive. Wetlands Act jurisdiction includes the surface water and its banks. Wetlands law absolutely prohibits the projection of any new deck attached to a residence out over public waters. This is why I specified a 6 -8 ft. deck above and not the full 12 ft. width Shoreland law normally allows. Also under Wetlands, if the deck will involve construction in the bank, you would need a Wetlands Impact Permit. One of the main approval requirements is that you would need to show that the impacts are necessary and unavoidable. Simply wanting a deck on that side of the house is not going to meet these requirements since one could build a place to sit in another location on the property or a different side of the house; the location is preferred but not necessary. Odds are Wetlands will not issue a permit for impacts in the bank. This does not mean you cannot have a deck. A deck is still possible if it can be cantilevered off the house or supported in such way that no supports are located within the bank or surface water. Without knowing details about the existing structure's construction or the slope of the land between the house and the water that's the best answer I can give you.

[RyanDe]

Thanks, this is so confusing. I'm assuming there is someone you can hire to do this for you?

Here is a picture of the house, basically we'd like to replace that little deck with one that wraps around the front of the sun porch and to the other side of the house. The water is probably 2-3' from that tree so it does feel (to me) that that's consider the bank but I guess that definition is fuzzy to me.

[ishoot308]

Originally Posted by RyanDe

Thanks, this is so confusing. I'm assuming there is someone you can hire to do this for you?

Here is a picture of the house, basically we'd like to replace that little deck with one that wraps around the front of the sun porch and to the other side of the house. The water is probably 2-3' from that tree so it does feel (to me) that that's consider the bank but I guess that definition is fuzzy to me.

Any one of the quality builders who work on or around the lake should be able to and would gladly handle the permitting process. Check with Island Support Services for a quote, very reasonable and very versed in permitting requirements.

Dan

[Airedale1]

Given how close you are to the water; regardless of what town you are in you WILL need permission from NH Department of Environmental Services. That being said, depending upon which town you are in you may also need a variance.

So, you would need to start the ball rolling by filling out a building permit application with an accompanying plot plan. On the plot plan you would draw to scale where the proposed deck would be if it is a change to the footprint of the existing deck.

Also, depending on what town you are in you may also need to pull a demo permit as well in order to remove the existing deck.

As said by others, any experienced contractor in your area should be able to tell you exactly what hoops you will have to jump through to get approved in your specific town.