HB 716 – AS INTRODUCED
2007 SESSION
08/04
HOUSE BILL 716
AN ACT relative to subdivision and septic system application waivers.
COMMITTEE: Resources, Recreation and Development
This bill prohibits the commissioner from granting waivers for septic sites in new lots in subdivisions created after 1989.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0806
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to subdivision and septic system application waivers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rulemaking; Duties of the Commissioner; Sewage Disposal Systems. Amend the introductory paragraph of RSA 485-A:41, IV to read as follows:
IV. Adopt rules, pursuant to RSA 541-A and after public hearing, relative to the implementation of this subdivision. The commissioner shall adopt rules relative to the circumstances under which the commissioner may grant a waiver of any rule, except that no waivers of rules shall be granted relating to [site loading or set-back distances to ground or surface waters shall be allowed for sewage or waste disposal systems on lots] the creation of new lots in subdivisions created after September 1, 1989. A waiver must be consistent with the intent of this subdivision and have a just result. In particular, an encroachment waiver shall meet the following criteria:
2 Effective Date. This act shall take effect July 1, 2007.