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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Carroll No. 2006-577 MARIANNA L. CAYTEN & a. v. NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES & a. Argued: March 15, 2007 Opinion Issued: July 13, 2007 Conservation Law Foundation, of Concord (Bradford W. Kuster on the brief and orally), for the petitioners. Kelly A. Ayotte, attorney general (Jennifer J. Patterson, senior assistant attorney general, on the brief and orally), for respondent New Hampshire Department of Environmental Services. Normandin, Cheney & O'Neil, PLLC, of Laconia (Regina A. Nadeau on the brief and orally), for intervenor Laurie J. Hall, Trustee of the Cambi Squam Lake Realty Trust. Nixon Peabody LLP, of Manchester, (Kevin M. Fitzgerald and Paul M. Lanagan on the brief), for Squam Lakes Association, as amicus curiae.

BRODERICK, C.J. In this case, we are called upon to delineate the relationship between New Hampshire's wetlands statute, RSA chapter 482-A (2001 & Supp. 2006), and the Comprehensive Shoreland Protection Act (CSPA), RSA chapter 483-B (2001 & Supp. 2006), in the context of an abutter's challenge to the issuance of a dredge and fill permit for the construction of a dug-in boathouse. Specifically, intervenor Laurie J. Hall, as trustee of the Cambi Squam Lake Realty Trust (Cambi), appeals a decision of the Superior Court (O'Neill, J.) overturning a decision of the New Hampshire Wetlands Council (wetlands council or council) to affirm the decision of the wetlands bureau (wetlands bureau or bureau) of the New Hampshire Department of Environmental Services (DES) to issue a dredge and fill permit to Cambi. That permit would allow Cambi to dredge a portion of the Squam Lake lakebed, excavate a portion of the bank, and construct a dug-in boathouse. Cambi also appeals the trial court's denial of its motion to strike certain parties. We reverse and remand. I The following facts are not in dispute. Cambi owns a parcel of real estate along the shore of Squam Lake in Bean Cove. In August 2002, Cambi filed a standard dredge and fill application with the wetlands bureau pursuant to RSA chapter 482-A and RSA 485-A:17 (2001). In its application, Cambi proposed to dredge 310 square feet (twenty-three cubic yards) of lakebed, excavate 240 square feet (thirty-six cubic yards) of bank, and install ninety square feet of riprap, for a total impact of 640 square feet. The proposed dredging and excavation were part of a larger project, which included the construction of a 918-square-foot dug-in boathouse. A dug-in boathouse is one located over an inlet dredged into the shoreline as opposed to one located in or over the water. In response to the bureau's request for more information, Cambi submitted revised project specifications that included: (1) changing the location of the boathouse so that it was located in an upland area landward of the bank of the lake rather than over the lake; (2) increasing the amount of lakebed dredging to 600 square feet (forty-five cubic yards); (3) decreasing the amount of bank excavation to 156 square feet (twenty-three cubic yards); and (4) adding 400 square feet of temporary impacts during construction. The net result was an overall increase in impacts on protected wetlands to 1,156 square feet. In April 2003, the bureau granted Cambi a dredge and fill permit, explaining: The Department of Environmental Services (DES) Wetlands Bureau has reviewed and approved [Cambi's] application to . . . dredge 45 [cubic yards] from 600 [square feet] of lakebed and excavate 1064 [square feet] along 23 linear [feet] of shoreline to 2

construct a 1 slip 24 [foot] x 32 [foot] dug-in boathouse with 140 [square feet of] storage/entry space on the southeast corner of the boathouse, [and] install 30 linear [feet] of rip-rap to stabilize the edges of the dredged inlet . . . . The 1,064 square feet of excavation includes: (1) 156 square feet of bank excavation; (2) 768 square feet for the footprint of the boathouse itself; and (3) 140 square feet of storage/entry space. In its decision granting approval, the bureau found, among other things: 2. The need for the proposed impacts has been demonstrated by the applicant per [New Hampshire Administrative Rules, Env-]Wt 302.01. 3. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas and environments under the department's jurisdiction per [Rule Env-]Wt 302.03. 4. The applicant has demonstrated by plan and example that each factor listed in [Rule Env-]Wt 302.04(a), Requirements for Application Evaluation, has been considered in the design of the project. In addition, as a condition of approval, the bureau required that "[a]ll activity shall be in accordance with the Comprehensive Shoreland Protection Act, RSA 483-B." After the bureau approved Cambi's application, Marianna and Gene Cayten, who are abutting property owners, asked the bureau to reconsider its issuance of Cambi's permit. The motion for reconsideration did not raise the issue of inadequate notice to other alleged abutters. The bureau affirmed its approval. Among other things, the bureau ruled that "[t]he Applicant has satisfied the requirements of [New Hampshire Administrative] Rule[s], [Env-]Wt 402.09(b) [currently Rule 402.08(b)] relative to allowing the construction of a boathouse over a dredged inlet." Subsequently, and purportedly on behalf of themselves and approximately forty "supporting individuals," the Caytens filed a petition of appeal with the wetlands council, asking it to rescind the dredge and fill permit for Cambi's boathouse. The council denied the appeal as well as the Caytens' motion for reconsideration. Then, in an action captioned "In re: Appeal of Marianna L. and C. Gene Cayten, et al[.]," the Caytens and "other property owners on Squam Lake within

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