New Hampshire Revised Statutes 483-B:12 – Shoreland Exemptions
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I. The governing body of a municipality may, in its discretion, request the commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the governing body finds that special local urbanization conditions as defined in N.H. Rev. Stat. § 483-B:4, XXV, exist in the protected shoreland for which the exemption is sought.
II. If the governing body of a municipality requests such an exemption, it shall submit evidence of existing and historical patterns of building and development in the protected shoreland in demonstration of the special local urbanization conditions. Such evidence shall address:
(a) Current and past building density.
(b) Commercial, industrial, or residential uses.
(c) Municipal or other public utilities.
(d) Current municipal land use regulations which affect the protected shoreland.
(e) Designation as a downtown, community center, central business district, or urbanized area or urban cluster as delineated by the United States Census Bureau.
(f) Any other information which the commissioner may reasonably require.
III. With the advice of the office of planning and development, the commissioner shall approve or deny the request for an exemption and shall issue written findings in support of his decision. A request for an exemption shall be approved only if the municipality demonstrates, using the evidence required under paragraph II, that special conditions of urbanization exist along the portion of shoreland to be exempted.
IV. The Pease development authority, division of ports and harbors may request an exemption under this section for all or a portion of any land purchased, leased, or otherwise acquired by it pursuant to N.H. Rev. Stat. § 12-G:39.
II. If the governing body of a municipality requests such an exemption, it shall submit evidence of existing and historical patterns of building and development in the protected shoreland in demonstration of the special local urbanization conditions. Such evidence shall address:
Terms Used In New Hampshire Revised Statutes 483-B:12
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Current and past building density.
(b) Commercial, industrial, or residential uses.
(c) Municipal or other public utilities.
(d) Current municipal land use regulations which affect the protected shoreland.
(e) Designation as a downtown, community center, central business district, or urbanized area or urban cluster as delineated by the United States Census Bureau.
(f) Any other information which the commissioner may reasonably require.
III. With the advice of the office of planning and development, the commissioner shall approve or deny the request for an exemption and shall issue written findings in support of his decision. A request for an exemption shall be approved only if the municipality demonstrates, using the evidence required under paragraph II, that special conditions of urbanization exist along the portion of shoreland to be exempted.
IV. The Pease development authority, division of ports and harbors may request an exemption under this section for all or a portion of any land purchased, leased, or otherwise acquired by it pursuant to N.H. Rev. Stat. § 12-G:39.