High Water Mark defines Public Property

Gilligan · 05-30-2006, 09:10 AM

The Lake is considered public property. The high water mark is the defining line between private lake front property and public property. Therefore all the areas now underwater are available to the public even after the water recedes. How will this impact on lake front property owners? At low lake levels you will have more dry public land at your shore.

I assume that the high water mark is for a quiet lake with no waves or wakes. If the wave and wake action do contribute to the high water mark then it is no wonder lake front property owners are upset. Erosion aside, the higher the high water mark the less private property they own. If the land is at the high water mark it becomes public property.

This only goes in one direction, there is no provision for low water marks and private vs public property.

Some gently sloped private beaches that are now under water will have a public area of beach when the lake goes down a foot or more. Imagine the fun property owners will have with that.

Higher water means more public lake and property. Is this how it works?
Could a landowner argue that less private land is grounds for a real estate tax abatement or adjustment?

Onshore · 05-30-2006, 10:29 AM

The public - private property line is established at the NORMAL high water line not the high water line. Abnormal events like flood and drought do not effect the boundary. What you end up with in a flooded situation is public waters over private submerged lands.

Skip · 05-30-2006, 10:43 AM

Quote:

Originally Posted by shore things

...The public - private property line is established at the NORMAL high water line not the high water line. Abnormal events like flood and drought do not effect the boundary...

Absolutely correct. There are a number of places in both the RSAs and the Administrative Code that define high water demarcation, but shore things summed it up quite nicely!

Also, if there is doubt about the historical high water mark, the Department of Environmental Services is allowed by staute to make a final determination as to its location (see various subsections of RSA 483).

As to the property tax issue, any property owner can file for an abatement if they can show the community that they live in that flood damage (or any other type of damage) had an effect on their respective property that caused it to suffer significant enough damage to cause measurable loss of marketable property value.

Skip...

Woodsy · 05-30-2006, 10:52 AM

I stand corrected... and do apologize!

Here is a link to the DES document that lists the high water marks for the bigger lakes in NH. Although one would think that the high water mark would be set during events such as this and 1998 and 1984.

http://www.des.state.nh.us/Dam/DamRemoval/NMHW.pdf

I apologize to all of the shore owners...

Woodsy

05-30-2006, 09:10 AM	#1
Gilligan Senior Member Join Date: Apr 2004 Location: The Bay State Posts: 119 Thanks: 8 Thanked 11 Times in 4 Posts	High Water Mark defines Public Property The Lake is considered public property. The high water mark is the defining line between private lake front property and public property. Therefore all the areas now underwater are available to the public even after the water recedes. How will this impact on lake front property owners? At low lake levels you will have more dry public land at your shore. I assume that the high water mark is for a quiet lake with no waves or wakes. If the wave and wake action do contribute to the high water mark then it is no wonder lake front property owners are upset. Erosion aside, the higher the high water mark the less private property they own. If the land is at the high water mark it becomes public property. This only goes in one direction, there is no provision for low water marks and private vs public property. Some gently sloped private beaches that are now under water will have a public area of beach when the lake goes down a foot or more. Imagine the fun property owners will have with that. Higher water means more public lake and property. Is this how it works? Could a landowner argue that less private land is grounds for a real estate tax abatement or adjustment? __________________

05-30-2006, 10:52 AM	#4
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,968 Thanks: 80 Thanked 980 Times in 440 Posts	I stand corrected... and do apologize! Here is a link to the DES document that lists the high water marks for the bigger lakes in NH. Although one would think that the high water mark would be set during events such as this and 1998 and 1984. http://www.des.state.nh.us/Dam/DamRemoval/NMHW.pdf I apologize to all of the shore owners... Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.

05-30-2006, 10:29 AM	#2
Onshore Senior Member Join Date: Apr 2004 Posts: 505 Thanks: 12 Thanked 428 Times in 147 Posts	The public - private property line is established at the NORMAL high water line not the high water line. Abnormal events like flood and drought do not effect the boundary. What you end up with in a flooded situation is public waters over private submerged lands.