New HampshireState may approve enlarging lawful decks on homes over water
Starting May 26, 2026, owners of lawful homes over water may expand legally existing outdoor features within size limits, after state rules and approval and payment of a fee.
What it does
Owners of lawful homes over water may enlarge only legally existing outdoor features, such as decks and stairs, after state rules and approval. Size limits apply, and the work cannot add indoor space.
Owners seeking these additions must pay a fee. State officials must set approval and fee rules before approving any work, and the money goes to a water resources fund.
Argument forApproved expansions could make existing lawful decks more useful without adding indoor space or placing supports in the water.
Argument againstOwners must pay a fee and seek state approval, which could make enlarging a lawful deck more costly or slower.
More detail
The state may approve enlarging legally existing outdoor features on homes over water. The homes must have been built or converted lawfully for dwelling use at the time. Only legally existing outdoor features qualify. Added area is capped at 100 square feet for properties with up to 100 feet of shoreline, or one square foot per shoreline foot for properties with more than 100 feet. The work cannot add indoor floor space, place supports in the water or bank, or turn water-based recreation into land-based housing or business. Any applicable local building review still applies. The law took effect May 26, 2026, but state approval must wait until the required rules are adopted.
Owners seeking these additions must pay a fee set under state rules. The fee applies to additions or expansions of covered structures over water. State officials must set rules for approvals, fee amounts, fee calculations, collection, and payment. Fee money goes to the water resources fund. The law took effect May 26, 2026. The rules were due within 120 days of that date, and approval must wait until they are adopted.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Kelly Ayotte on 03/27/2026; Chapter 14; Effective 05/26/2026Became Law
- Mar 23Enrolled (in recess of) 03/12/2026 HJ 8 P. 115To Governor
- Mar 17Enrolled Adopted, VV, (In recess 03/12/2026); SJ 7Minor
- Feb 5Special Order to the Present Time, Without Objection, MA; 02/05/2026; SJ 3
- Feb 5Sen. Innis Moved to Concur with the House Amendment, MA, VV; 02/05/2026; SJ 3
- Jan 8Ought to Pass with Amendment 2026-0022h: MA VV 01/08/2026 HJ 2 P. 66Passed House
- Jan 8Amendment # 2026-0022h: AA DV 191-148 01/08/2026 HJ 2 P. 65
- 2025
- Oct 23Minority Committee Report: Inexpedient to Legislate
- Oct 23Majority Committee Report: Ought to Pass 10/22/2025 (Vote 8-7; RC) HC 51 P. 43Minor
- Oct 23Executive Session: 09/24/2025 10:00 am GP 228
- Aug 25Full Committee Work Session: 09/24/2025 10:00 am GP 228
- Apr 21Retained in Committee
- Apr 1Executive Session: 04/16/2025 02:00 pm LOB 305
- Mar 31Public Hearing: 04/16/2025 10:00 am LOB 305
- Mar 28Introduced (in recess of) 03/27/2025 and referred to Resources, Recreation and Development HJ 11 P. 109Minor
- Mar 6Ought to Pass with Amendment #2025-0365s, MA, VV; OT3rdg; 03/06/2025; SJ 6Passed Senate
- Mar 6Committee Amendment # 2025-0365s, AA, VV; 03/06/2025; SJ 6
- Feb 20Committee Report: Ought to Pass with Amendment # 2025-0365s, 03/06/2025; Vote 6-0; CC; SC 11Minor
- Jan 9Hearing: 01/14/2025, Room 100, SH, 10:30 am; SC 5
- Jan 7Introduced 01/08/2025 and Referred to Commerce; SJ 2Introduced
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