This bill amends existing laws regarding the expansion of dwellings over water, allowing for certain modifications contingent upon approval from the Department of Environmental Services and the payment of a fee based on the square footage of the dwelling. The new legal language permits existing structures to be modified by adding or expanding legally existing exterior features, such as decks and balconies, without increasing the interior floor space or changing the use from recreational to residential or commercial. The cumulative area of these modifications is limited to 100 square feet for properties with 100 linear feet or less of shoreline frontage, and one square foot per linear foot of shoreline for larger properties. Additionally, the bill stipulates that any modifications must not penetrate the water or bank and must be approved by the department.

The bill also includes provisions for the establishment of rules by the commissioner regarding the approval process for these modifications, the setting and collection of fees, and the use of the generated revenue, which will be deposited into the water resources fund. The department will not approve any additions or expansions until these rules are adopted, which must occur within 120 days of the bill's effective date. The fiscal impact of the legislation is estimated to be less than $10,000 for each fiscal year from 2027 to 2029.

Statutes affected:
Introduced: 482-A:26
As Amended by the House: 482-A:26
Version adopted by both bodies: 482-A:26