N.H. tightens shoreland protection and results appear positive
New rules aimed at better protecting water quality in New Hampshire’s ponds, lakes and rivers are drawing praise from local lake association members.
The revised rules, which went into effect July 1, are aimed at keeping phosphorous and other pollutants out of lakes and ponds by establishing regulations that restrict large structures, including garages, from being built close to these bodies of water.
In addition, no ground cover, stumps and roots can be removed from around the shore. Previously, this was regulated by each community and varied from town to town.
One of the biggest changes to the law is that permits from the state are now required if constructing, excavating and filling within 250 feet of the shore.
That’s the best part of the revised regulations, said William Schroeder, a member of the Canobie Lake Association.
This addresses a shortcoming in the old law, which didn’t require permits, Schroeder said. The lack of a permit process meant some property owners built structures along the shoreline that they shouldn’t have, he said.
Kathleen DiFruscia of the Cobbetts Pond Improvement Association in Windham gives a thumbs-up to the upgraded rules.
“This is really, really important to the water quality in our lakes, ponds and rivers, which are really irreplaceable resources,” she said.
DiFruscia said keeping large structures from being built near ponds and lakes will help reduce the amount of storm water runoff getting into the water. It will accomplish this by keeping more of the natural land in place, which absorbs water containing phosphorous, nitrogen and other pollutants.
She said the new rules are supported by the Cobbetts Pond Improvement Association, which has an ongoing effort to improve the pond’s water quality, and the New Hampshire Lakes Association, for which DiFruscia serves on the board of directors.
Called the Comprehensive Shoreland Protection Act, it was originally enacted in 1991 to establish standards for development of the shorelines of the state’s large bodies of water. In 2005, the state Senate passed a bill that established a 24-member commission to study the effectiveness of the protection act.
Sixteen of that commission’s recommendations were enacted into law July 1, said Jim Martin, a spokesman for the state Department of Environmental Services.
Peter Griffin of Windham, who lives on Canobie Lake and belongs to the lake association, said the new rules are excellent. He said the revised regulations will help protect Canobie Lake, which straddles Salem and Windham.
“Our lakes and other bodies of water are in a very fragile situation,” he said. “The more development in the region, the more pressure is put on them to maintain their natural state. It becomes a double-edged sword: People are attracted to lakes because of the recreational opportunities they offer and the aesthetic appeal. But those same things that attract them are jeopardized as chemicals pollute the water.”
The revised regulations will help protect ponds and lakes that are relatively clean and help prevent further pollution in bodies of water like Cobbetts Pond that have already become polluted, said Jody Connor of the state Department of Environmental Services.
Since 1976, water quality in Cobbetts Pond has dropped from the best clarification, oligotrophic, to one of the worst classifications, eutrophic. The stricter rules will help the association’s ongoing efforts to improve the water quality, DiFruscia said.
Keeping phosphorous out of lakes and ponds is important to help address a growing problem involving cyanobacteria, which makes water unswimmable and undrinkable for pets, Connor said. Keeping natural groundcovers in place around the bodies of water will help by acting as a natural filter to absorb phosphorous and other harmful chemicals, Connor said.
The new rules put a “stronger focus on the first 50 feet,” which is where shrubs and other plants can have the most impact on preventing erosion and keeping pollutants from getting into the water, said Darlene Forst of the DES.
Betty Dunn, who lives on Canobie Lake in Windham, said the new rules are fine as long as they are enforced uniformly.
Since the revised regulations took effect, there has not been an increase in complaints about people building too close to ponds and lakes, according to Forst.
“We’ve probably seen fewer complaints about people building on lakes and ponds,” she said, “but we believe that’s mostly due to the down economy than the new regulations.”