Navigating NHDES Permitting: Tips for a Smooth Application Process

If your property is on a lake, waterbody, river, or wetland in New Hampshire, then you will most likely need a DES permit to do many of your landscaping projects. The NHDES is the New Hampshire Department of Environmental Services. They have legal jurisdiction over these types of properties and require permits for landscaping projects; included, but not limited to, things such as new patios, walks, shore improvements, grade changes, machinery on site, proposed structures, etc. If you have property like this, be sure to get all of your permitting in order before commencing any work.

There can be some pretty hefty consequences for not obtaining the proper permitting, so I suggest that you contact me, your Landscape Designer, as your first contact to help guide you through any permitting needs. I work together with companies who do the permitting process. So, together with you, and me (the Landscape Designer), and the permitting company, we can develop a plan that will pass all permitting requirements and meet all of your needs. 

Protecting Waterfront Environments through Permitting

There are ‘Wetland’ permits, and ‘Shoreland’ permits. The Wetlands permits are for any work that is basically right at the water. The Shoreland permits go from there up to 250’ from the shoreline. Please refer to the NHDES website for more accurate information.

You need to know that all this is done in an effort to protect the environment for everyone’s sake. Good, healthy lakes are important for the economy, the environment, and everything in between. Just think, if the water quality of a lake is terrible, who is going to want to vacation there? How will the people enjoy living there? How will the wildlife endure? The more that development encroaches on these waterfront properties, the more we need to be vigilant. Think of it. The more rooftops surrounding a lake, the more impervious surfaces, and therefore, the more runoff water that goes into the lake. That’s just a tiny example. There is much that can be done to mitigate any situation, and there are many ways to get you what you want in your landscaping. For example, a ‘Rain Garden’ may be a way to incorporate water loving plants in a created ‘bowl’ area that will slow down surface runoff water. Just one of many ideas to incorporate into the calculations that are done for waterfront properties.

NHDES Permitting Considerations and Long-Term Planning

Another thing that is oftentimes needed is a native plants buffer zone at the shoreline. This helps slow down water and filter it before it hits the lake. Native plants also make good habitat for wildlife.

In order to obtain a permit for landscaping work, you may need a property survey, an ‘existing conditions’ plan, a ‘proposed conditions’ plan, and a ‘landscape plan’. Be forewarned, it can be an expensive process.  Currently, a NHDES permit, once obtained, is good for 5 years, and then you can get a 5 year extension after that, so be sure to get a permit that includes anything you might possibly want to do in the next 10 years. That’s where a good Landscape Design comes in. Your Landscape Designer will make sure that everything you want to do with your property is taken into account and put on the plan. I, as your Landscape Designer, will work together with the permitting company to make sure that all design features fall within the limitations of the permit. There are always limitations. For example, you may be required to keep a patio under a certain square footage. It may need to be within certain setback limits. It will most definitely need to be constructed with “pervious pavers.” That’s just one example.  

Perhaps you have an idea that in a few years from now you’d like a garage somewhere. It’s very important to include that on the permit now. If it’s not on the permit, and all of your allowed square foot coverages are taken up in other features such as a patio or blacktop driveway, then you may never be able to get that garage. So, plan accordingly. For example, if the garage is on the plan, perhaps a compromise can be achieved with the NHDES on surface calculations by implementing a ‘pervious paver’ driveway instead of a blacktop driveway.  

Understanding Permit Requirements for Shoreline Projects

You may have some ideas and expectations of what you’d like in your landscaping. Perhaps you want a good sized patio and a shorefront wall to protect the water. Maybe you’d like to improve the beach. Maybe you want a paver walk from the drive to the front door and assume it’s not necessary to obtain a permit for that…. Not so fast!!! If your project is within 250’ of the shoreline, then you may need a permit after all.  

The permit may limit the size of that patio you want, or may require that the pavers be done in a “permeable” application. You may also be told that a wall at the water isn’t allowed, and instead do a “living shoreline.” So, I suggest that you speak with me, your landscape designer, and learn what you’ll be allowed as far as permitting goes. A landscape design will probably be required by the State to be submitted for permitting. This will show the State what your intentions are. The plan will be done so as to satisfy the permitting requirements.  

Collaborative Design for Optimal Outcomes

I enjoy these design challenges. I love working with you towards achieving all of your goals to the best possible outcomes. You need beauty, function, usable space, safe passages, and all the amenities that you can dream of. I will work to achieve all of that along with you. 

It’s much better to compromise on your expectations (such as a smaller patio) than be forced into a solution by the State later that is worse than the original compromise would have been. Not to mention any citations that may arise if work is done without the proper permitting.

Please start by getting professional advice and be a good steward of the Environment. The rules are there for a reason.