Can a Lakeside Property Owner Build Over Public Waters Without a Permit in New Hampshire?

Short Answer:
No. In New Hampshire, a private property owner cannot construct a structure that extends over public waters—such as Lake Winnipesaukee—without a permit. RSA 482-A:26 prohibits such structures, and the New Hampshire Supreme Court affirmed this prohibition in a 2025 decision.

What Happened in the Newcomb Case?

The following facts are set forth in Appeal of Robert Newcomb & a., (NH Supreme Court Case No. 2024-0387) (May 2, 2025). (Because the Court issued an “order” rather than an “opinion,” the ruling has no precedential authority, but it may provide guidance on how a New Hampshire court might rule if presented with similar facts.)

In 2018 and 2019, Robert and Carolyn Newcomb built a lakeside deck and stairway on their property abutting Lake Winnipesaukee. Unlike a traditional dock or pier built into the lake, this structure extended over the lake's surface, beyond the shoreline and over the water held in trust for the public.

The New Hampshire Department of Environmental Services (DES) inspected the property and ordered the structure's removal, citing RSA 482-A:26, which restricts dwellings or extensions over public waters. The Newcombs appealed this order to the New Hampshire Wetlands Council, which initially dismissed their appeal.

After the New Hampshire Supreme Court reversed the dismissal and remanded the matter, the Council again rejected the Newcombs’ amended petition. The Newcombs appealed once more to the Supreme Court.

What Did the Supreme Court Decide?

The Supreme Court affirmed that the structure violated RSA 482-A:26. The statute prohibits “dwellings over water”—defined as structures extending over the surface of public waters. Because Lake Winnipesaukee is a state-owned waterbody up to its natural high-water mark, the Court concluded the Newcombs' construction fell under this regulation.

The Court rejected the Newcombs’ argument that their structure was built over privately owned submerged land. It held that the statutory protection of public waters controls, regardless of the landowner's perception of title beneath the waterline.

Key Takeaway for Property Owners

Even if a structure does not touch the lakebed, any part of it that extends over public waters—even just a deck or stairs—is subject to regulation under RSA 482-A:26. Landowners must obtain the necessary permits before proceeding with such construction. The state’s interest in preserving public access to its lakes is a controlling legal principle.

For assistance with permits, real estate or civil litigation, please contact Alfano Law at (603) 856-8411 or by filling out our Contact Form. The firm offers free or low-cost initial consultations for most matters.