New Hampshire Revised Statutes 485-A:38 – Approval to Increase Load on a Sewage Disposal System
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I. Prior to expanding any structure or occupying any existing structure on a full-time basis, which would increase the load on a sewage disposal system, the owner of such structure shall submit an application for approval of the sewage disposal system to the department. Application for approval shall include one of the following:
(a) Evidence that the existing sewage disposal system meets the requirements of the department for the intended usage or the town’s minimum standards for use or occupancy prescribed under N.H. Rev. Stat. § 48-A:11, whichever is more stringent.
(b) The design for a new system which meets the requirements of the department for the intended use or the town’s minimum standards for use or occupancy, whichever is more stringent.
II. The fee for application under this section shall not exceed fees charged for new design applications.
II-a. (a) No construction or operational approval shall be required from the department prior to expanding, relocating, or replacing any structure that does not increase the load on a sewage disposal system, as long as all of the following conditions are met:
(1)(A) The lot is served by a sewage disposal system that received construction and operational approval from the department within 20 years of the date of the issuance of a building permit for the proposed expansion, relocation, or replacement; or
(B) The lot is 5 acres or more in size; or
(C) The lot is served by an off lot effluent disposal area.
(2) If the property is nonresidential, no waivers were granted in the construction or operational approval of any requirements for total wastewater lot loading, depth to groundwater, or horizontal distances to surface water, water supply systems, or very poorly drained soils.
(3) When applicable, the proposed expansion, relocation, or replacement complies with the requirements of the shoreland water quality protection act, RSA 483-B.
(b) An owner of a project that requires department approval to proceed because neither of the conditions of subparagraphs (a)(1)(A) or (B) are met, may either submit for approval a design for a new sewage disposal system or apply for a permit by rule for in-kind replacement under N.H. Rev. Stat. § 485-A:33, IV. Under either approach, once approval for the sewage disposal system is received from the department, work may commence on expanding, relocating, or replacing the structure. Construction of the sewage disposal system is not required to satisfy the requirements of this subparagraph.
III. The commissioner shall adopt rules under N.H. Rev. Stat. Chapter 541-A requiring a person to comply with the provisions of paragraph I before taking any action which would increase the load on a sewage disposal system.
(a) Evidence that the existing sewage disposal system meets the requirements of the department for the intended usage or the town’s minimum standards for use or occupancy prescribed under N.H. Rev. Stat. § 48-A:11, whichever is more stringent.
Terms Used In New Hampshire Revised Statutes 485-A:38
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) The design for a new system which meets the requirements of the department for the intended use or the town’s minimum standards for use or occupancy, whichever is more stringent.
II. The fee for application under this section shall not exceed fees charged for new design applications.
II-a. (a) No construction or operational approval shall be required from the department prior to expanding, relocating, or replacing any structure that does not increase the load on a sewage disposal system, as long as all of the following conditions are met:
(1)(A) The lot is served by a sewage disposal system that received construction and operational approval from the department within 20 years of the date of the issuance of a building permit for the proposed expansion, relocation, or replacement; or
(B) The lot is 5 acres or more in size; or
(C) The lot is served by an off lot effluent disposal area.
(2) If the property is nonresidential, no waivers were granted in the construction or operational approval of any requirements for total wastewater lot loading, depth to groundwater, or horizontal distances to surface water, water supply systems, or very poorly drained soils.
(3) When applicable, the proposed expansion, relocation, or replacement complies with the requirements of the shoreland water quality protection act, RSA 483-B.
(b) An owner of a project that requires department approval to proceed because neither of the conditions of subparagraphs (a)(1)(A) or (B) are met, may either submit for approval a design for a new sewage disposal system or apply for a permit by rule for in-kind replacement under N.H. Rev. Stat. § 485-A:33, IV. Under either approach, once approval for the sewage disposal system is received from the department, work may commence on expanding, relocating, or replacing the structure. Construction of the sewage disposal system is not required to satisfy the requirements of this subparagraph.
III. The commissioner shall adopt rules under N.H. Rev. Stat. Chapter 541-A requiring a person to comply with the provisions of paragraph I before taking any action which would increase the load on a sewage disposal system.