The bill HB 247-FN proposes changes to RSA 485-A:30-b, which governs protective well radii for lots with on-site wastewater disposal systems and private wells. It removes the requirement for a well serving a public water system to maintain a protective radius on the lot and eliminates the need for a standard release form. Instead, it introduces a "setback reduction" form to acknowledge potential loss of protection for any portion of the well radius that extends over property lines. The bill also allows for the protective well radius to extend onto certain property line setbacks, easements, or land dedicated to non-developmental use, and requires the water well contractor to consult with the property owner for alternative well locations if necessary. It mandates water quality monitoring for certain private wells and clarifies the definition of "commercial building."

Furthermore, the bill amends RSA 485-A:33, IV(a)(4) by replacing the requirement for a standard well release form with a requirement for the water well contractor to file a copy of the setback reduction form with the well completion record submitted to the department. It also amends RSA 485-A:41, IV, specifying that the Commissioner may grant waivers to certain rules, but not those related to site loading or setback distances for sewage or waste disposal systems on lots in subdivisions created after September 1, 1989. The bill repeals RSA 485-A:2, III-a and RSA 485-A:30-a, which pertained to encroachment waivers and notice requirements. The act will take effect 60 days after its passage, with an effective date of August 29, 2023.

Statutes affected:
Introduced: 485-A:30-b, 485-A:33, 485-A:41
Version adopted by both bodies: 485-A:30-b, 485-A:33, 485-A:41
CHAPTERED FINAL VERSION: 485-A:30-b, 485-A:33, 485-A:41