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RSA 485-A:39 · Waterfront Property Transfer; Septic System Evaluation Required

Title
L: WATER MANAGEMENT AND PROTECTION
Chapter
485-A · WATER POLLUTION AND WASTE DISPOSAL
Status
current
Official source linked
Yes
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485-A:39 Waterfront Property Transfer; Septic System Evaluation Required. –

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I.

Prior to the transfer of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII, the buyer of the property shall, at the buyer's expense, engage a New Hampshire licensed septic system evaluator to conduct a septic system evaluation. However, the buyer may accept an evaluation prepared for the seller of the property if the evaluation was completed within 180 days of the date of property transfer. The septic system evaluation prepared for the seller by a New Hampshire state licensed septic system evaluator with stated findings shall be given to the buyer and acceptance of the evaluation shall be acknowledged in writing by the buyer.

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II.

For developed waterfront properties where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII, if the existing septic system is not approved by the department per RSA 485-A:29 or the department's approval was prior to September 1, 1989, the buyer shall also hire a New Hampshire permitted septic system designer to determine the elevation of the bottom of the effluent disposal area relative to the elevation of the seasonal high water table. Based on this information, the New Hampshire permitted septic system designer shall determine if the system is in failure, as defined in RSA 485-A:2, IV. The determination from the permitted septic system designer shall be completed prior to the transfer of the property.

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III.

The commissioner shall adopt rules pursuant to RSA 541-A relative to the enforcement of this section.

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IV.

The findings of the New Hampshire licensed septic system evaluator or septic system designer shall not prohibit the sale of the property, but shall be disclosed to the buyer as full and proper notice of the possible limitations of the septic system.

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V.

If the New Hampshire licensed septic system evaluator, utilizing board-approved standards of practice, determines that the septic system shows signs of failure or, if the New Hampshire permitted septic system designer determines that the system is in failure:

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(a)

The buyer shall sign a document, prepared by the New Hampshire licensed septic system evaluator, authorizing the evaluator to conduct notifications to the department and the local health officer;

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(b)

The New Hampshire licensed septic system evaluator shall notify the department and the local health officer;

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(c)

The buyer shall replace the system within 180 days of the transfer of the property; and

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(d)

The buyer shall file a report with the department and the local health officer after the system is replaced with a copy of the state approval for operation for the replacement system.

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VI.

The buyer is not required to comply with the other paragraphs of this section if they replace or repair the septic system within 180 days of the transfer of the property. Prior to the transfer of the property, the buyer shall notify the department and the local health officer that a septic system evaluation was not performed because the system will be replaced. The buyer shall file a report with the department and the local health officer with a copy of the state approval for operation for the replacement system within 180 days of the close of the property sale. Timely receipt of this report by the department and the local health officer shall satisfy all obligations of the buyer relative to this section.

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VII.

Notwithstanding any other provision of this section, if circumstances beyond the control of the buyer preclude the evaluation or, if needed, replacement of the septic system or cause an evaluation prepared for the seller to be older than 180 days, the department shall, upon request, grant an extension of up to 180 days. Source. 1989, 339:1. 1992, 278:2. 1995, 206:2. 1996, 228:81, 106. 2007, 177:1. 2008, 349:1, eff. Jan. 1, 2009. 2024, 107:3, eff. Sept. 1, 2024.

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Source note

Source. 1989, 339:1. 1992, 278:2. 1995, 206:2. 1996, 228:81, 106. 2007, 177:1. 2008, 349:1, eff. Jan. 1, 2009. 2024, 107:3, eff. Sept. 1, 2024.

Source history

  • 1989, 339:1
  • 1992, 278:2
  • 1995, 206:2
  • 1996, 228:81, 106
  • 2007, 177:1
  • 2008, 349:1, eff. Jan. 1, 2009
  • 2024, 107:3, eff. Sept. 1, 2024

Related materials

Bill relationships

  • 2026 HB1136 reference · effective 2026-07-01

    to comply with this paragraph and prior to constructing an accessory dwelling unit, an application for approval for a sewage disposal system shall be submitted in accordance with RSA 485-A as applicable. The approved sewage disposal system shall be installed if the existing system has not received construction approval and approval to operate under current rules or predecessor rules, or the system fails o

  • 2026 HB1141 amend

    in the earth or in or underneath water, or for quarrying or crushing of rock or bedrock for the purpose of producing construction aggregate. 3 New Section; Exemptions. Amend RSA 485-A by inserting after section 2 the following new section: 485-A:2-a Exemptions. The following shall not be subject to this chapter: I. Mining activities in existence before August 24, 1979. II. The crushing of

  • 2026 HB1141-FN amend

    in the earth or in or underneath water, or for quarrying or crushing of rock or bedrock for the purpose of producing construction aggregate. 3 New Section; Exemptions. Amend RSA 485-A by inserting after section 2 the following new section: 485-A:2-a Exemptions. The following shall not be subject to this chapter: I. Mining activities in existence before August 24, 1979. II. The crushing of

  • 2026 HB1195 reference · effective 2026-07-01

    children. V. Nothing in this section shall prohibit enforcement of applicable state fire, building, water supply and sewage disposal requirements under RSA 153, RSA 155-A, and RSA 485-A. 3 Effective Date. This act shall take effect July 1, 2026. HELPFUL LINKS Redistricting Information Ethics Committee Statutory/Study Committees Voting Records Past Member Legislation Driving Directions IT Help De

  • 2026 HB459 reference · effective 2025-07-01

    er infrastructure, no ordinance shall require lot sizes for single-family residential uses larger than is required by the department of environmental services for individual sewage disposal systems pursuant to RSA 485-A and chapter Env-Wq 1000, unless the municipality provides empirical evidence that the health or safety of the community will be meaningfully impacted without the ability to require larger lot sizes. ?In determ

  • 2026 HB459-FN reference

    e shall require lot sizes for single-family residential uses larger than is required by the department of environmental services for individual sewage disposal systems pursuant to RSA 485-A and chapter Env-Wq 1000, unless the municipality provides empirical evidence that the health or safety of the community will be meaningfully impacted without the ability to require larger lot sizes. ?In determining wha

  • 2026 SB527 reference

    lic hearing is not required, shall ensure that a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A is provided, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used f

  • 2026 SB589 amend

    ay adopt rules to implement a cybersecurity protection program for public water systems. 7 New Section; Cybersecurity Protection Program; Wastewater Treatment Facilities. Amend RSA 485-A by inserting after section 485-A:5-e the following new section: 485-A:5-f Cybersecurity Protection Program. I. Wastewater treatment plants or wastewater facilities shall implement a cybersecurity protection program

  • 2026 SB589-FN amend · effective 2027-07-01

    ay adopt rules to implement a cybersecurity protection program for public water systems. 7 New Section; Cybersecurity Protection Program; Wastewater Treatment Facilities. Amend RSA 485-A by inserting after section 485-A:5-e the following new section: 485-A:5-f Cybersecurity Protection Program. I. Wastewater treatment plants or wastewater facilities shall implement a cybersecurity protection program

  • 2026 SB598 amend · effective 2027-01-01

    force. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Cyanobacteria Mitigation Loan and Grant Fund Task Force. Amend RSA 485-A by inserting after section 61 the following new section: 485-A:62 Cyanobacteria Mitigation Loan and Grant Fund Task Force. I. There is established a task force to study developing a sustainable funding source fo

  • 2025 HB2 reference

    that action. IV. To meet the requirements of paragraph III, the department of environmental services shall complete the review for any permit, approval, or written authorization required pursuant to RSA 482-A, RSA 485-A, and RSA 236. The department of environmental services shall adopt rules under RSA 541-A to implement the review process and establish a fee schedule for any requested reviews. Such rulemaking shall commence w