Concord—November 17, 2025—DES announced last week that lake property owners may now apply to construct over-water boathouses. The agency cautioned, however, that applications must still undergo “an elaborate permitting process.”

Under the new regulation, over-water boathouses will be considered for approval if they are no higher than 18 ft. and do not have a second floor.

Moreover, the structure must be designed to “minimize storage to accommodate only those items, such as life-jackets, paddles, and rigging [that are] reasonably related to the use of a boat.”

The new rule, which is Section 482-A:25-a of the Env-Wt 500 Wetlands Rules, went into effect this year on July 1 but was not announced until this month.

Over-water boathouses existing as of July 1 may not be modified to add height or additional floors per the new rule, which pertains to “all natural ponds of more than 10 acres.”

DES said its decades-long prohibition of over-water boathouses was based on a “lack of statutory authority.” As a result, boathouses could only be approved if they were constructed in “dug-in basins.”

“Ironically, the very structures once prohibited may now be preferred,” DES said in its press release.

“Excavating the shoreline can damage aquatic habitats, increase erosion and alter natural sediment transport. In contrast, elevated boathouses, when properly designed, can minimize these impacts by preserving the lake bed and surrounding ecosystems,” the agency concluded.

The new State rule does not change the requirement that the proposed boathouse be “the least environmentally impactful alternative solution to meet docking needs.”

Moreover, applicants must still meet local regulations that may pertain. In Freedom, for example, the Zoning Ordinance is more restrictive than State regulations in regard to use of the lake shoreland.

“NHDES encourages applicants to consult early with regulators and environmental consultants to ensure their proposals meet the new standards,” the agency said in its release.