New Hampshire Revised Statutes 485-A:33 – Exemptions
Current as of: 2023 | Check for updates
|
Other versions
I. No plans and specifications shall be required whenever the proposed sewage or waste disposal system will be connected to any public sewer system operated by any municipality or other governmental body within the state.
II. No plans and specifications shall be required whenever land is subdivided and the purpose of such subdivision is to correct or conform boundary lines or when land is exchanged between abutters and no building is contemplated on the exchanged land.
III. No plans and specifications shall be required for subdivision whenever land is proposed to be subdivided solely for the purpose of a bona fide gift of a lot or lots, and the person intending to subdivide the land certifies upon forms provided by the department that the proposed subdivision is a gift; provided that this limited exemption shall not relieve the donee of the lot, or lots, of the responsibility, and it shall be the responsibility of such donee to submit plans and specifications in accordance with this chapter in the event that such donee subsequently intends to (1) convey to others for consideration any such lot, or lots, or (2) intends to construct thereon a structure from which sewage or other waste will be discharged.
IV. (a) The repair or replacement in-kind of a sewage effluent disposal area shall qualify for a permit by rule, provided all of the following criteria are met:
(1) The existing system receives only domestic sewage from a single family residence and up to one associated accessory dwelling unit that is included on the approved plan.
(2) There is no increase in sewage loading proposed for the repaired or replacement system.
(3) The bottom of the bed is located no less than 24 inches above the seasonable high water table.
(4) The system is located 75 feet or more from an abutter’s well unless there is a standard well release form with the record of the well completion submitted to the department pursuant to N.H. Rev. Stat. § 482-B:10 or there is an existing department waiver to the distance for the abutter’s well.
(5) The system is located 75 feet or more from the owner’s well unless there is an existing department waiver to the distance for the owner’s well.
(6) The existing system received prior construction and operational approval from the department and the replacement or repaired system will conform to the provisions of such approval, provided the department may by rule require a minimum septic tank size of 1,000 gallons.
(7) The system is not within 75 feet of any surface water, water supply well, or very poorly drained soil unless authorized by the prior departmental approval described in subparagraph (6).
(8) No new waivers to the department’s rules are requested.
(9) The system has not been previously repaired or replaced under a permit by rule in accordance with the provisions of this paragraph.
(b) Construction of the system may proceed upon the submission of an application to the department by a permitted designer under N.H. Rev. Stat. § 485-A:35 and receipt of the permit by rule from the department. A copy of the approval for construction and approval for operation and a plan matching the operational approval shall be submitted with the application.
(c) The repaired or replacement system shall not be covered or placed in operation without final inspection and approval by an authorized agent of the department. All inspection by the department shall be accomplished within 7 business days after receipt of written notice from the installer that the system is ready for inspection. The installer shall provide the authorized agent of the department, at the time of the inspection, a copy of the previously approved plan bearing the state approval stamp and an existing conditions plan bearing the seal of the permitted designer performing work under the permit by rule. If the state approved plan is not available from the state or town, a copy of the approved plan from the original designer, bearing the designer’s stamp, may be used.
(d) The applicant submitting the permit by rule application shall assume all liability and responsibility for the components of the design that are part of the system being repaired or replaced under the permit by rule.
(e) The installer constructing the system shall assume all liability and responsibility for the construction of the system components repaired or replaced under the permit by rule.
(f) For purposes of this paragraph, “in-kind” shall mean a repair or replacement of the effluent disposal area in strict accordance with what is shown on the previously approved plan.
II. No plans and specifications shall be required whenever land is subdivided and the purpose of such subdivision is to correct or conform boundary lines or when land is exchanged between abutters and no building is contemplated on the exchanged land.
Terms Used In New Hampshire Revised Statutes 485-A:33
- Donee: The recipient of a gift.
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. No plans and specifications shall be required for subdivision whenever land is proposed to be subdivided solely for the purpose of a bona fide gift of a lot or lots, and the person intending to subdivide the land certifies upon forms provided by the department that the proposed subdivision is a gift; provided that this limited exemption shall not relieve the donee of the lot, or lots, of the responsibility, and it shall be the responsibility of such donee to submit plans and specifications in accordance with this chapter in the event that such donee subsequently intends to (1) convey to others for consideration any such lot, or lots, or (2) intends to construct thereon a structure from which sewage or other waste will be discharged.
IV. (a) The repair or replacement in-kind of a sewage effluent disposal area shall qualify for a permit by rule, provided all of the following criteria are met:
(1) The existing system receives only domestic sewage from a single family residence and up to one associated accessory dwelling unit that is included on the approved plan.
(2) There is no increase in sewage loading proposed for the repaired or replacement system.
(3) The bottom of the bed is located no less than 24 inches above the seasonable high water table.
(4) The system is located 75 feet or more from an abutter’s well unless there is a standard well release form with the record of the well completion submitted to the department pursuant to N.H. Rev. Stat. § 482-B:10 or there is an existing department waiver to the distance for the abutter’s well.
(5) The system is located 75 feet or more from the owner’s well unless there is an existing department waiver to the distance for the owner’s well.
(6) The existing system received prior construction and operational approval from the department and the replacement or repaired system will conform to the provisions of such approval, provided the department may by rule require a minimum septic tank size of 1,000 gallons.
(7) The system is not within 75 feet of any surface water, water supply well, or very poorly drained soil unless authorized by the prior departmental approval described in subparagraph (6).
(8) No new waivers to the department’s rules are requested.
(9) The system has not been previously repaired or replaced under a permit by rule in accordance with the provisions of this paragraph.
(b) Construction of the system may proceed upon the submission of an application to the department by a permitted designer under N.H. Rev. Stat. § 485-A:35 and receipt of the permit by rule from the department. A copy of the approval for construction and approval for operation and a plan matching the operational approval shall be submitted with the application.
(c) The repaired or replacement system shall not be covered or placed in operation without final inspection and approval by an authorized agent of the department. All inspection by the department shall be accomplished within 7 business days after receipt of written notice from the installer that the system is ready for inspection. The installer shall provide the authorized agent of the department, at the time of the inspection, a copy of the previously approved plan bearing the state approval stamp and an existing conditions plan bearing the seal of the permitted designer performing work under the permit by rule. If the state approved plan is not available from the state or town, a copy of the approved plan from the original designer, bearing the designer’s stamp, may be used.
(d) The applicant submitting the permit by rule application shall assume all liability and responsibility for the components of the design that are part of the system being repaired or replaced under the permit by rule.
(e) The installer constructing the system shall assume all liability and responsibility for the construction of the system components repaired or replaced under the permit by rule.
(f) For purposes of this paragraph, “in-kind” shall mean a repair or replacement of the effluent disposal area in strict accordance with what is shown on the previously approved plan.