1. Property owners need to obtain a permit from the N.H. Department of Environmental Services if they plan to alter wetlands or surface water bodies on their property.
2. Identifying wetlands requires assessment by a qualified professional to determine the presence of wetlands plants, soil types, and subsurface water levels.
3. Common activities that require a permit include construction, repair, or replacement of docks, placing fill, and excavating in wetland areas below the mean high water level of a pond, stream, or lake. 1. Working without a permit or not following permit conditions can result in enforcement action and fines.
2. If a violation was committed by a previous property owner and the current owner had no knowledge of it, there may be rights and defenses to raise, as well as potential claims against the previous owner.
3. Pre-existing nonconforming uses, or “grandfathered” structures, can be maintained if they were built and continuously used before certain dates.
4. Regulatory issues with wetlands and violations should be addressed with legal counsel and an environmental consultant.
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