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Old 07-17-2012, 12:18 PM   #1
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Originally Posted by Benny View Post
Some “get” the jist of the original question, but most don’t. We all agree that safe boating laws certainly apply to all who enjoy the lake, and that these laws need to be enforced by the State. We also agree that the State manages natural resources for the enduring good and welfare of the people of New Hampshire by implementing regulations intended to preserve the ecological balance of the lake and its tributaries.
What seems to be a bone of contention is an apparent lack of written decree that defines acceptable “etiquette” pertaining to rights and privileges of waterfront owners who are taxed so heavily for their property. Landowners, almost without exception, accept their responsibility as stewards of the fragile lake environment. Winnipesaukee has +/-300 miles of shorefront. Hypothetically assuming shorefront is rationed into 100 ft wide lots, each landowner shares 1/15840th stewardship (worst case). This vested interest in the lake certainly should have more influence than the out-of-state boater who invests $15 to launch their boat. Unfortunately, the stereotypical daytimer is observed to exercise little or no respect for those of us who pay the price for our little bit of heaven. Consider the analogy of renting a car vs. using your own car. The rental is thrashed, abused, and soiled. The owned car is maintained and clean. There is no pride-of-ownership for the rental.
Let's first offically define "etiquette": imply observance of the formal requirements governing behavior in polite society

Far as the lake goes, property owners have no more 'rights' or 'privledges' than anyone else when it comes to the lake itself. The amount of property tax levied is just that tax on property NOT on the lake. The fact a piece of property may include acutal shoreline is a unique feature that determines it's overall value. That's why if you look at any tax map for waterfront property the property boundary is the shore, not extending into the lake. Any features you wish to use that encroach into the lake is a matter of public interest, into a public body of water, and therefore regulated by the state in the best interest of the public.

To suggest that landowners are good stewards of the lake is comical, if that were the case then why have very strict guidelines for shorefront development? Answer, the 'stereotypical' landowners have taken it upon themselves to say hey I own my little piece and I'm going to do with it as I damn well please in many cases to the detriment of the lake itself. The worst offenders are the big money places, clear cutting, putting in lawn to the water's edge, polluting the water with ferilizer, throwing up these huge often times ugly places that take away from the natural beauty of the natural shore line. How obnoxious can you get to see some 20K SQFT mansion on a clear cut lot that is used only at best a couple weeks out of the year? I would also assert that most of the shorefront owners are also out of staters too because us natives can swing those places. So what's your point other than to present an entire premise that is argumentative?

Now as a native and resident of NH, should that give me any more access to the lake than anyone else? Of course not. The lake is not an exculsive club it's a resource for everyone to enjoy no matter where you are from or what means you happen to have. I have just reciently been one of the lucky ones to now own a little slice of heaven too, but that makes me no better than the day boater I used to be. I welcome all to enjoy the area and all it has to offer, and whether you be a day boater, land owner or just using a public beach. In the end it's God's creation that we all share, so treat it with the respect it deserves and good grief learn how to play well with others!
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Old 07-17-2012, 04:49 PM   #2
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Default Well said.

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Originally Posted by MAXUM View Post
Let's first offically define "etiquette": imply observance of the formal requirements governing behavior in polite society

Far as the lake goes, property owners have no more 'rights' or 'privledges' than anyone else when it comes to the lake itself. The amount of property tax levied is just that tax on property NOT on the lake. The fact a piece of property may include acutal shoreline is a unique feature that determines it's overall value. That's why if you look at any tax map for waterfront property the property boundary is the shore, not extending into the lake. Any features you wish to use that encroach into the lake is a matter of public interest, into a public body of water, and therefore regulated by the state in the best interest of the public.

To suggest that landowners are good stewards of the lake is comical, if that were the case then why have very strict guidelines for shorefront development? Answer, the 'stereotypical' landowners have taken it upon themselves to say hey I own my little piece and I'm going to do with it as I damn well please in many cases to the detriment of the lake itself. The worst offenders are the big money places, clear cutting, putting in lawn to the water's edge, polluting the water with ferilizer, throwing up these huge often times ugly places that take away from the natural beauty of the natural shore line. How obnoxious can you get to see some 20K SQFT mansion on a clear cut lot that is used only at best a couple weeks out of the year? I would also assert that most of the shorefront owners are also out of staters too because us natives can swing those places. So what's your point other than to present an entire premise that is argumentative?

Now as a native and resident of NH, should that give me any more access to the lake than anyone else? Of course not. The lake is not an exculsive club it's a resource for everyone to enjoy no matter where you are from or what means you happen to have. I have just reciently been one of the lucky ones to now own a little slice of heaven too, but that makes me no better than the day boater I used to be. I welcome all to enjoy the area and all it has to offer, and whether you be a day boater, land owner or just using a public beach. In the end it's God's creation that we all share, so treat it with the respect it deserves and good grief learn how to play well with others!
You get it, and you express a strong opinion. Of course there are other perspective views. It's a good thing we live in America, where we can exchange opinions in public.
I still believe shoreowners care more about the lake environment than daytimers. There's a significant number of properties that aren't part of a funnel development, that don't live in McMansions, that don't fertilize grass to the water's edge, and are maintained by families that have been here for generations. These folks do a good job of it.
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Old 07-17-2012, 05:04 PM   #3
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Too bad that jacka$$ lawyer from Mass. Who lives next to Ames farm couldn't chime in here...I'm bet he knows all the rules and laws..
To a previous post, last I knew it was a privilege not a right to put a dock in, with permits and rules that apply.. Kinda like a boater safety card, privilege not a right!!!
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Old 07-17-2012, 05:36 PM   #4
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Waterfront property owners are the "littoral owner" of the waters adjacent to their property. I know most people believe this is not true and that every citizen has full rights to every square inch of the lake, but that is just not true. These riparian rights to the lake go back hundreds of years.

So you can keep telling yourselves that property owners do not have any more rights to the lake than anyone else, or you can actually do an internet search for "littoral owner" and then learn something new.

And just so nobody has their blood pressure get to high I will tell you that I have no right to prevent you from boating or swimming in the little piece of Lake Winnipisaukee that I am the littoral owner of.
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Old 07-17-2012, 06:46 PM   #5
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While we shorefront landowners have littoral and riparian rights. Those rights give us clear right to use this water for some uses that the average citizen cannot. I can build a dock in front of my land, you can't.

But those rights don't extend to hindering navigation, either for fishing or just a temporary anchoring. Those rights don't prevent me from swimming in front of land. Of course common courtesy prevents me.
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Old 07-17-2012, 07:33 PM   #6
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Default Little history on this subject...

... from Winnipesaukee.com in 2004.

Skip has some very good posts in the thread..

http://www.winnipesaukee.com/forums/...light=littoral
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Old 07-18-2012, 12:43 AM   #7
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Quote:
Originally Posted by Benny View Post
.......I still believe shoreowners care more about the lake environment than daytimers. There's a significant number of properties that aren't part of a funnel development, that don't live in McMansions, that don't fertilize grass to the water's edge, and are maintained by families that have been here for generations. These folks do a good job of it.
You are now classifying people into two groups. I know many boaters that clean up after others and many homeowners that have no regard for the environment. There are many good points made in this thread and but this statement is weak.
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Old 07-18-2012, 05:27 AM   #8
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And once again, those that write the laws confuse the Heck out of everything and everyone. Use common English that is easily understood. Good thing the Constitution is in good English. That I can understand. You don't have to have a PhD to know what is says.
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Old 07-18-2012, 05:57 AM   #9
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Bear Islander, while there are littoral rights they are not germane to the original questions.

"Just how close can fishermen / rafters come to my dock?"

As cloase as they want, as long as they stay in the water.

"Is there any regulation that may impose restrictions pertaining to invasion of landowners' privacy?"

No, there is no right to privacy from people on public property found in any NH law or in common law littoral rights.
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Old 07-18-2012, 06:09 AM   #10
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Quote:
Originally Posted by Skip View Post
...

The only right here is the right of all the people to enjoy an entity that belongs to everyone.

Hope this helped explain it a little better,

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Old 07-18-2012, 08:31 AM   #11
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Default Littoral Rights of Property owners

This is the biggest argument against the Shoreline Protection Act. Those that are trying to appeal it feels they are violated such as the abiliity to build a boathouse.

While I side with the small group of 'tree huggers' to protect the environment, the shorefront property owners who wants to do what they damn will please because they spend a lot of money on their property are the ones who needs to be constrained!
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Old 07-18-2012, 09:27 AM   #12
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Dug-in boathouses are still allowed. Boathouses constructed over the lake (public trust) are prohibited.
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Old 07-30-2012, 07:06 AM   #13
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One of those small portable canister air horns would work.
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Old 08-21-2012, 06:57 AM   #14
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Quote:
Originally Posted by Benny View Post
There's a significant number of properties that aren't part of a funnel development, that don't live in McMansions, that don't fertilize grass to the water's edge, and are maintained by families that have been here for generations. These folks do a good job of it.
We're just passing through. I agree that "steward" is a good term. I hope my kids are able to hang on to our lakefront property and it's enjoyed by our descendants for a very long time...

If not them, than some other family who will appreciate it...
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