HB 426 - AS INTRODUCED
2021 SESSION
21-0556
08/10
HOUSE BILL 426
AN ACT relative to shoreland septic systems.
SPONSORS: Rep. Spang, Straf. 6; Sen. Watters, Dist 4
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 426 - AS INTRODUCED
21-0556
08/10
STATE OF NEW HAMPSHIRE
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 1 Definitions; Developed Waterfront. Amend the introductory paragraph of RSA 485-A:2, I to
2 read as follows:
3 I. "Developed waterfront" property means any parcel of land upon which stands a structure
4 suitable for either seasonal or year-round human occupancy, where such parcel of land is contiguous
5 to or within [200] 250 feet of the reference line, as defined in RSA 483-B:4, XVII, of:
6 2 Waterfront Property Sale; Site Assessment Study. Amend RSA 485-A:39, V to read as follows:
7 V. The site assessment study shall consist of [3] 4 sections:
8 (a) Section A shall include the name, address, and telephone number of the seller and
9 the seller's agent and the location and a brief description of the property, including the tax map
10 reference and lot number.
11 (b) Section B shall include the lot size, slope, loading (based on the number of bedrooms
12 in the structure), water source, soil type, and estimated seasonal high water table information from
13 U.S. Natural Resources Conservation Service maps. A space shall be included on the form for the
14 permitted designer to write his assessment of the site for the current use of the system, based upon
15 the criteria and information required in this subparagraph.
16 (c) Section C shall include information about the present septic disposal system, if
17 available. If the installed system was approved by the department, a copy of the approval form,
18 approval number and plan shall be attached to the site assessment study. If the installed system
19 is not approved by the department or the department’s approval is older than 20 years,
20 Section D shall be completed.
21 (d) Section D shall include a detailed septic disposal system evaluation
22 performed by either a New Hampshire permitted septic system designer or New Hampshire
23 licensed septic system evaluator that indicates whether the septic disposal system is in
24 compliance with current department requirements. Copies of site assessment forms that
25 include Section D shall be submitted to the local health official and the department.
26 3 New Paragraph; Submission and Approval of Plans and Specifications. Amend RSA 485-A:29
27 by inserting after paragraph III the following new paragraph:
28 IV. Nothing in this section shall be construed to limit or modify the authority conferred upon
29 local governments under RSA 674:21 to require more stringent standards for developed waterfront
30 property than required by department administrative rules or RSA 485-A.
31 4 Effective Date. This act shall take effect 60 days after its passage.


Statutes affected:
Introduced: 485-A:39, 485-A:29
latest version: 485-A:39, 485-A:29