Bill Text - HB1113 (2024)

Relative to shoreland septic systems.

Revision: Nov. 28, 2023, 11:36 a.m.










AN ACT relative to shoreland septic systems.


SPONSORS: Rep. Rung, Hills. 12; Rep. Coker, Belk. 2; Rep. Rochefort, Graf. 1; Rep. Ebel, Merr. 7; Sen. Watters, Dist 4


COMMITTEE: Resources, Recreation and Development






This bill modifies requirements for site assessment studies of shoreland septic systems.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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


AN ACT relative to shoreland septic systems.


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


1  Water Pollution and Waste Disposal; Definition of Developed Waterfront. Amend 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:

(a) A fresh water body, as defined in RSA 483-B:4, XVI(a);

(b) Coastal waters, as defined in RSA 483-B:4, XVI(b); or

(c) A river, as defined in RSA 483-B:4, XVI(c).

2  New Paragraph; Sewage Disposal Systems; 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 this chapter or department administrative rules adopted pursuant to this chapter.

3  Sewage Disposal Systems; 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 or her 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 a New Hampshire permitted septic system designer.

4  Sewage Disposal Systems; Site Assessment Study; Notification of Failure.  Amend RSA 485-A:39, VIII to read as follows:

VIII.  If the septic disposal system designer, during the course of a site assessment, discovers [evidence that there is sewage discharge on the ground surface or directly into surface waters]that the system is in failure as defined in RSA 485-A:2, IV, the designer shall notify, in writing, the department and the local health officer, and shall include that information in the site assessment report.

5  New Paragraph; Site Assessment Study; System Failure.  Amend RSA 485-A:39 by inserting after paragraph VIII the following new paragraph:

IX.  If the septic system is determined in paragraph VIII to be in failure, the system is required to be replaced prior to the close of the property sale.

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