New Law Regarding Septic Designs

 

New Law Requires Septic Inspection Near Waterbodies Before Sale

FYI - Effective September 1, 2024, RSA 485 A:39 will require the buyer of a property with a septic system within the 250-foot protected shoreland to have an evaluation performed at their expense prior to the transfer of property. The evaluation will need to be conducted by a state-licensed septic system evaluator or when applicable a state-permitted septic system designer. Septic systems within the protected shoreland that are determined to be in failure will need to be replaced. Property owners, city and town officials, realtors, and others will benefit from NH DES's new fact sheet. To learn about the changes, reporting requirements and exceptions, click here to read their “Transfers of Waterfront Properties with Septic Systems in the Protected Shoreland” fact sheet.
 

Septic Designers

Refer to the New Hampton Zoning Ordinance to determine setbacks in the different zoning districts.

The Town of New Hampton has just been added to the NH Department of Environmental Services (NHDES) List of Communities Requiring Local Approval Prior to RSA 485-A:32, I & II Review.
 

Requirements for septic design submittals:

Fee: $50.00    Cash, or check (preferred) made out to "Town of New Hampton"


You will be required to submit your design plans to our office prior to submission to the State. 

  1. The part-time Permitting Assistant will review the design to ensure it complies with the local regulations.
  2. The Permitting Assistant will make a recommendation to the Selectmen on whether or not the design complies, and the Selectmen will review and approve designs at their next regularly scheduled meeting.  For this reason please allow additional time for the review process.
  3. One full size paper plan must be submitted with the “Local Approval for Construction of an Individual Sewage Disposal System” sign-off sheet, which MUST show Actual distances to ALL property boundaries.  The paper copy of the plan will become the property of the town office for placement into the property file. 
  4. If you wish to have the Local Approval sign-off sheet emailed to you once it has been approved, please provide your email address.  If you prefer to have a hard copy of the “Local Approval…” sign-off sheet you may provide a self-addressed stamped envelope, or stop by the office to pick it up.

Please refer to the "Review of Septic Designs” worksheet below, which the Selectmen will use as a checklist when reviewing the design plans. Please be aware that this review process will take place during their regularly scheduled meetings.

Review of Septic Design Worksheet

FOR FAILED SEPTIC SYSTEMS - As the State no longer requires towns to pre-approve a septic design for a failed system, we request you submit the plan to the Selectmen's Office or email it to selectmen@new-hampton.nh.us .  Please note that New Hampton's setbacks are more stringent than those of the State.  This allows the town to confirm that it meets setbacks distances from property lines and avoids any future liability issues for a property owner that may be a result of a system being placed too close to the lot line.

Property Owners

Septic Designs on file:
2015 – In mid 2015 the NH Department of Environmental Services began processing septic design approvals via email.  Plans processed in this manner can be accessed on the NHDES website.
1980’s to 2015 - Most property files contain information for septic system designs from the early 1980’s to present. In these cases the town has a copy of your design, which you may want to refer to when locating your septic system.
Prior to 1980 - Septic system plans from the late 1960’s (when the State first began reviewing and approving septic systems) into the 1970’s are not as readily available.

Failed Septic Systems:

When a residential septic system is in failure, creating a nuisance and health hazard, the town health officer has the authority to order the system repaired or replaced in accordance with Administrative Rule Env-WS 1003.09. These requirements apply to both rental units and privately owned homes.

Replacement or Repair of the failed systems must be done in accordance with NH Department of Environmental Services (NHDES) rules and regulations (Admin. Rule Env.-WS 1003.09). You may call NHDES at 271-3501 for further information.