Beavers and the Shoreline Protection Act

[Steveo]

I would like to know what the Shoreline Protection Act/Law will do about the beavers. This year has been worst than ever with beaver kill. My shoreline and most of my neighbor's have lost any tree 3-4 inches or less along the shoreline. And of course the little critters are protected so you can't do anything about them.

[Onshore]

Our plan for compliance actions against beavers will be similar to the one we are developing for actions against dogs that carry sticks and branches out of the waterfront buffer area.

If you would rather pursue local enforcement of the CSPA standards against these nefarious critters (the beavers, not the dogs) please contact NH Fish and Game. You will find that they are not as protected as you think.

[ITD]

I heard any domesticated animals carrying sticks from the shore line will be subject to execution without prejudice. The shoreland protection officers will be packing heat, similar to the phone cops of the 1970's.

[Onshore]

After further considerartion we have decided to offer offending canines the option of community service. They will need to spend a significant number of hours patrolling the shoreline scaring off any ill-intentioned beaver. Then number of hours of community service will be increased with each repeat stick or branch removal offense. This same penalty structure will be applied for those canines found excavating or filling within the protected shoreland without a permit.

[nj2nh]

Okay, on a serious note here (although I am loving the beaver - dog humor).

My parents have allowed the shoreline of our camp to become overgrown with smallish trees - diameters of no more than 3 or 4 inches. But there are so many of them that we can no longer access or use the beach.

When the time comes for me to take over the property (not anytime soon, I hope), I intend to ruthlessly and mercilessly remove all these annoying little trees. There are plenty of lovely shade-giving bigger ones, but these small ones truly are a nuisance.

Is it possible that I will not be allowed to do this?

Now, don't all go ballistic on me. I love trees as much as the next guy, but these little squirts not only keep us off the beach, but totally block the view from the porch. I don't intend to cut them all, just the ones that are literally in the water or on the beach.

nj2nh

[SAMIAM]

Funniest thing....I've heard of trees disappearing overnight.Of course,I'd NEVER do such a thing,but I've been told that people take down trees durring the week or in the evening when no one is around with electric chain saws which are very quiet,trim the stump off at,or just below ground level,rake up the chips and then scatter pine needles or leaves over the scene of the crime.They told me,also that they cut the branches and trunk into 10'-12' lengths to fit in their trailer and then move the trailer somewhere else ,just in case someone comes snooping.
These criminals justify their deeds and ease their guilt by planting a small tree somewhere else on the property......thus neutralizing any change to their carbon footprint.

[Onshore]

NJ2NH the point system used in the first 50 ft of the buffer (aka the Waterfront Buffer) was put in place to allow landowners more options for the way that that buffer would be maintained. It should allow you to do what you described. (Although I'm a little confused by the "trees in the water" statement...) Send me an email and I'll send you some additional info explaining how the point system works.

[Sunrise Point]

I had a beautiful stand of birch saplings growing right on our shorefront and I had high hopes for them to take the place of a dying 20 foot blue spruce 3 feet behind them. Two weekends ago, all but 2 of the saplings had been gnawed right down to a 3" stub. My husband joked about reporting the beavers to the state for violation of the shoreland protection rules.

Shorethings, I love your idea about having dogs do community service. Our dog is now too old and blind to see the beavers, never mind patrol our shore. If you come across any scofflaw, stick-chasing dogs, send them our way please.

[tis]

Originally Posted by shore things

NJ2NH the point system used in the first 50 ft of the buffer (aka the Waterfront Buffer) was put in place to allow landowners more options

shorethings. You have a way of making this whole thing seem like it is more lenient than it is. I think you are trying to soften the blow, sort of make it sound so it is not so bad as it is.

[Heaven]

I agree with shore things that there any number of options for a project to comply. There will be very few projects that cannot work within the design guidelines.

[phoenix]

i think the beavers should go through the permitting process before they can take a tree down

[hockeypuck]

I think the (dam) beavers may take the blame for a lot of fallen trees that look like a chain saw took them down.

[nj2nh]

Wish I had a picture to show you, but the trees are literally almost in the water when the lake is at the normal summer high. The waves have sort of eroded the beach a bit so that the sand, dirt, roots, etc. almost curve over the water, like a surfing wave in reverse. I mean, these trees are bound to fall in eventually, but not soon enough for my taste.

By the by, my parents house is less than 18 feet from the water.

nj2nh

[Formula260SS]

Originally Posted by tis

shorethings. You have a way of making this whole thing seem like it is more lenient than it is. I think you are trying to soften the blow, sort of make it sound so it is not so bad as it is.

It's the process that will be painful, not the rule changes in my opinion. I see the biggest impacts being all the paperwork and the time it takes for the average home/cottage owner to put it all together for even the smallest of projects.

[tis]

I think it is going to be a lot more than the paperwork. I have studied it but not trusting myself, I have spoken to lots of people who KNOW and the general consensus is, it is going to make BIG changes. I saw the application for the first time yesterday.

[Heaven]

Many big and welcome changes in my opinion. No more clear cutting to the lake and planting a lawn, for instance.

[Newbiesaukee]

Unless you happen to be my new neighbor who cut down several lakeside 100ft pines which seemed to be hindering his view

[Sman]

Some info.. not sure about the trees being IN the water but, this might help.

http://www.des.state.nh.us/CSPA/pdf/...corporated.pdf

(check out pgs 5, 8 and 9 on the above link, talks about timber harvesting, exemptions and what you need to maintain)

http://www.des.state.nh.us/CSPA/

DEP, Shoreland Questions: 603-271-6876, I spoke to Jeff there before and he was very helpful.

[Sman]

Shorethings: In regards to tree removal with 50 of the water...as of today are we still in limbo on the 50'x50' and points system verses the old way of assesing the property, or does your post...

"The full House voted to pass HB 1601 as amended to include moving the effective dates of the CSPA changes to July 1, 2008 this afternoon. Next stop is the Governor's desk"

mean that we use the old wording for the CSPA?

If so, where can I find the old wording, I find only the language of 4/1 forward

Thank you

[Onshore]

Still waiting for the Governor to sign and make it official. Once he does the Shoreland website will be updated. The old language is still available there. Infact if you click on the reference to the law in the upper right hand corner of the site it is the old language that comes up and not the changes that were effective April 1, 2008

www.des.nh.gov/cspa

[Sman]

I got it thank you. I was opening the link in the middle towards the bottom.

I see the info under Section 483-B:8 part V

[Onshore]

The Governor has signed HB 1061. We are back under the old law and rule language. Re-enactment date will be July 1, 2008

However, three of the new provisions remain in effect, most importantly the minimum setback for primary structures shall be at least 50 ft, towns may not maintain a lesser setback. In addition the Saco an Pemigewassett Rivers are no longer exempt, nor is the Town of Sunapee.

[KBoater]

http://www.lwa.org/index.php

Contains this
The Lake Wentworth Association is partnering with the Wolfeboro Planning Board and the Conservation Commission to sponsor a forum on recently enacted changes to the state's Comprehensive Shoreland Protection Act. The changes include revisions impacting the manner in which shorefront properties can be developed or modified.

The changes originally became effective on April 1, but the Legislature and Governor John Lynch retroactively revised the date to July 1.

The forum will be of interest to shorefront property owners, public officials, developers, attorneys, and others with a stake in the protection and use of the state's shorelands.

The session is set for Thursday, May 8, at 7 p.m. in Anderson Hall, Brewster Academy (the former St. Cecelia's Church).

For information about the recent changes to the CSPA, check the New Hampshire Department of Environmental Services Web site.

[Rattlesnake Guy]

Shore things
Do you know how the 1000s of property owners within 250 feet of the states lakes and ponds will know about the law change?
If it was me it would be in the next tax bill to all of us.
Thanks for helping to educate us.l

[Onshore]

We would have loved to get an insert in with the municipal tax bills. Unfortunately the majority of municipalities would not cooperate citing Article 28a issues(unfunded mandate). We are trying to do presentations in as many towns as possible, have done a few PSA's on the local news, put articles and ads in the local papers, and we're also targeting groups like NH Lakes, NH Shorefront, Granite State Designers and Installers, and Realtors Associations to help us get the word out. That being said we know there are going to be people that we don't get word to until they either need to get a permit and the town send them to us or they do something they shouldn't and we get a phone call. If they fall into the latter group, we'll understand the first time...

[HUH]

I have to laugh when people cry about clear cutting a house lot.. Do you realize that a hundred or so years ago the entire area was clear cut, including the islands for timber.
The Biggest problem with the quality of the lakes is acidity ! Mostly from acid rain created by coal burning power plants in the Midwest and Ohio valley...

[JL Girl]

Interestingly in the announcement of the repeal and reenactment of the CSPA to July 1, 2008, it says the legislature may pass additional amendments and to see the DES site. There doesn't seem to be anything there in the form of amendments, but does anyone know if there has been any further changes to the CSPA?

[tis]

Here is what I have been told are the latest changes.


http://www.des.nh.gov/Rulemaking/pro...interim_ip.pdf

[SteveA]

me thinks Beavers have been a problem for a long long time..

[Lakesrider]

If that ark stays under 45 MPH it will be fine.

[SIKSUKR]

Here's WMUR's story on tomorrows new law.

Shore Building Restrictions To Take Effect
New Houses Can't Be Built Within 50 Feet Of Shore

POSTED: 10:40 am EDT June 30, 2008


CONCORD, N.H. -- New rules taking effect in New Hampshire on Tuesday mean no more houses can be built within 50 feet of the shore.

Property owners will also be required to have permits for excavation, filling and construction within 250 feet of the shore unless requirements are met to maintain some of the lot's natural qualities.

Property rights advocate Tom Thomson, of Orford, N.H., said many property owners and officials still don't understand the rules and they should be delayed for a year.

"It's creating chaos," Thomson said. "The majority don't have a clue of what is happening July 1, and when they do, they will go wild."

State Sen. Joe Kenney, a Wakefield Republican candidate for governor, said he tried to delay the changes until the fall to help property owners. The rules were scheduled to go into effect in April, but a compromise pushed implementation to July 1.

Kenney believes future legislation will retool or repeal the new system.

Darlene Forst, the shoreland program supervisor at the state's Department of Environmental Services, said many people are reacting out of fear. She believes property owners will find the new rules less restrictive once they understand them.

The department is offering informational sessions in town halls around the state to explain the new system.

Jared Teutsch, president of the New Hampshire Lakes Association, said the group's membership is generally supportive of the measure.

Teutsch also said the state's sessions have been helpful.

"While change is difficult, this teaches them what they can do themselves to protect their asset," Teutsch said.

Some towns, like Franklin and Northwood, had allowed buildings to go up within 20 feet of the shore.

[Mee-n-Mac]

I get the idea (from reading this, XXIV-a) that pruning of tree limbs on trees within the protected zone is no longer permissable ? What's the truth ? What's the deal when my tree grows limbs that go over onto my neighbors property ?

[Misha888]

Originally Posted by Mee-n-Mac

I get the idea (from reading this, XXIV-a) that pruning of tree limbs on trees within the protected zone is no longer permissable ? What's the truth ? What's the deal when my tree grows limbs that go over onto my neighbors property ?

I haven't read all the rules myself, but I know that my boyfriend has. If I recall correctly, you can cut certain things, but only to a certain height. There are ratios that pertain to each 50 sq. ft. of space. i.e. If you take down one tree, you need to put another bush or something equivalent as a replacement. Here's a link to the summary of the changes, but there a larger document than the link that was previously posted on this page outlining all the rules and regs.

http://www.des.state.nh.us/cspa/pdf/...rdsSummary.pdf

With regards to the Beavers, you can call the state, but the trappers won't trap for free in the summer time because the pelts are worthless. If you wait until the early spring, you won't have to pay for a thing as the trappers presumably will trap for the pelt alone. I know they're a little annoying, but when they chomp down a tree, they're clearing the view and this year, I have two uniquely carved walking sticks all compliments of Mr. Beaver and crew.

If all else fails, call the pros who are having to regulate it.

Good luck!

[Orion]

Someone with a trained beaver for hire could make a lot of money around the Lake.

[Onshore]

The requirement to leave certain areas in an "unaltered state" is found in RSA 483-B:9, V, (b) (this is found on page 9 of the document Mee-n-Mac linked to.). This requirement does not apply to the entire protected shoreline. It applies to a certain percentage of that area of the lot that falls between 50 and 150 ft away from the reference line.

For starters, in those areas within 50 ft of the water (reference line). You are suposed to leave the ground cover in place with the exception of clearing for a 6 ft wide path and for any structures with a Wetlands permit. You can trim or prune the ground cover down to 3 ft in height and if the area was already open or landscaped you can continue to maintain those conditions.

You are supposed to maintain a minimum of 50 points worth of trees and saplings in each 50 ft x 50 ft section along the water. If you don't have enough trees and saplings in a section that does not mean you need to go out and plant something. It only means that you cannot remove any trees and saplings from that area at this time. Whether you have the minimum number of points or not, you are still allowed to limb the lower half of the trees to maintain a view and you are always allowed to remove limbs and trees that are dead diseased or that pose a safety hazard. Over time as trees grow they will gain in point value and you also have the option of planting trees or saplings and then later using those points in your count to cut something else. Just note that what you are planting for the purpose of counting should be a native species and you should give it a little time to make sure it is going to live before you cut anything else down.

In the area between 50 ft and 150 ft from the water there are 2 different buffer standards. The first is used for lots that have a half acre or less within 150 ft of the water. If your lot falls into this category, then 25% of the area between 50 and 150 ft from the water is supposed to be left in an "unaltered state". To put this in practical terms, if you have 100 ft of frontage on the water then you have approximately 15,000 sq ft of land within 150 ft of the water. You have approximately 10,000 sq ft between 50 ft and 150 ft the water. 7,500 sq ft can be cleared and developed, 2,500 should remain in an "unaltered state". If your town has a 10 property line setback then there is 1,000 sq ft up each property line that you couldn't build on anyway that would make practical sense to leave as unaltered, after that I think I'd start looking for wet areas that I couldn't build on anyways to cover the other 500 sq ft of unaltered area.

If your lot is already developed and there isn't 25% left in an unaltered state, then you are not required to let parts of it revert. You can maintain it as it is for as long as you want. Also the provision to remove dead diseased or hazardous trees and limbs still applies here (see provision C on page 9).

If your lot has more than a 1/2 acre within 150 ft of the water then the requirement is that you take the total area between 50 and 150 ft from the water and subtract the area of impervious surfaces located within this same portion of the buffer. Half of this remaining area is supposed to remain unaltered.

Once you get beyond 150 ft from the water there are no cutting restrictions.

[flyguy]

Originally Posted by nj2nh

When the time comes for me to take over the property (not anytime soon, I hope), I intend to ruthlessly and mercilessly remove all these annoying little trees. There are plenty of lovely shade-giving bigger ones, but these small ones truly are a nuisance.

Is it possible that I will not be allowed to do this?
[nj2nh

For Rent: 10 Trained DES Certified Beavers. Will work within all CPSA designated areas, night time only. For a resonable fee, your shorefront saplings can disappear overnight!

For those larger "problems" (above 4 inches in diameter), rent our quiet, electrically powered "BeaverMatic". Leaves chips and teethmarks exactly like our trained beavers. (Beaver footprint markers extra.)

[Onshore]

Great... now I'm going to have to do more fiscal paperwork outlining the cost of a "Beaver Certification Program"... thanks alot...