1 Restrictions on Use of Structures Built Over the Waters of the State; Dwellings Over Water. Amend RSA 482-A:26, III to read as follows:

III.(a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only , using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted. A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.

(b) Without otherwise limiting the provisions of this section, where the effect of repair or reconstruction of a structure subject to the provisions of this section represents greater protection of public water or the environment and where such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity, the commissioner may waive the existing standards , provided that there shall be no expansion of the existing footprint, outside dimensions, and square footage of floor space; and there shall be a net reduction in the total square footage of kitchen, bathroom, shower, and toilet facilities.

2 Effective Date. This act shall take effect 60 days after its passage.

1 Restrictions on Use of Structures Built Over the Waters of the State; Dwellings Over Water. Amend RSA 482-A:26, III to read as follows:

III.(a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired , reconstructed, or improved for maintenance purposes or to bring the dwelling into compliance with any state or applicable local building code , using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions which would result in an increase in interior living space shall be permitted. Without intending to limit the foregoing, the addition of a means of egress to a dwelling over water required under the state or applicable local building code shall not be deemed an impermissible expansion of the existing footprint or outside dimensions. A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.

(b) Without otherwise limiting the provisions of this section, where the effect of repair , reconstruction or improvement of a structure subject to the provisions of this section represents greater protection of public water or the environment and where such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity, the commissioner may waive the existing standards in order to allow a structure to be expanded , provided that there shall be no negative impact to the environment, expansion of the existing footprint, and square footage of living space.

2 Effective Date. This act shall take effect 60 days after its passage.