Bill Text - HB426 (2022)

Relative to shoreland septic systems.

Revision: Jan. 10, 2021, 10:28 a.m.










AN ACT relative to shoreland septic systems.


SPONSORS: Rep. Spang, Straf. 6; Sen. Watters, Dist 4


COMMITTEE: Resources, Recreation and Development






This bill requires an assessment study for certain septic systems prior to the sale of certain developed waterfront properties.


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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Twenty One


AN ACT relative to shoreland septic systems.


Be it Enacted by the Senate and House of Representatives in General Court convened:


1  Definitions; Developed Waterfront.  Amend the introductory paragraph of RSA 485-A:2, I to read as follows:

I. "Developed waterfront" property means any parcel of land upon which stands a structure suitable for either seasonal or year-round human occupancy, where such parcel of land is contiguous to or within [200] 250 feet of the reference line, as defined in RSA 483-B:4, XVII, of:

2  Waterfront Property Sale; Site Assessment Study.  Amend RSA 485-A:39, V to read as follows:

V. The site assessment study shall consist of [3] 4 sections:

(a) Section A shall include the name, address, and telephone number of the seller and the seller's agent and the location and a brief description of the property, including the tax map reference and lot number.

(b) Section B shall include the lot size, slope, loading (based on the number of bedrooms in the structure), water source, soil type, and estimated seasonal high water table information from U.S. Natural Resources Conservation Service maps. A space shall be included on the form for the permitted designer to write his assessment of the site for the current use of the system, based upon the criteria and information required in this subparagraph.

(c) Section C shall include information about the present septic disposal system, if available. If the installed system was approved by the department, a copy of the approval form, approval number and plan shall be attached to the site assessment study. If the installed system is not approved by the department or the department’s approval is older than 20 years, Section D shall be completed.

(d) Section D shall include a detailed septic disposal system evaluation performed by either a New Hampshire permitted septic system designer or New Hampshire licensed septic system evaluator that indicates whether the septic disposal system is in compliance with current department requirements. Copies of site assessment forms that include Section D shall be submitted to the local health official and the department.

3  New Paragraph; Submission and Approval of Plans and Specifications.  Amend RSA 485-A:29 by inserting after paragraph III the following new paragraph:

IV. Nothing in this section shall be construed to limit or modify the authority conferred upon local governments under RSA 674:21 to require more stringent standards for developed waterfront property than required by department administrative rules or RSA 485-A.

4  Effective Date.  This act shall take effect 60 days after its passage.