HB 1113 was signed by Chris Sununu and passed July 22nd, 2024. This bill introduced requirements for septic system maintenance to help protect our lake waters from contaminants released by failing systems.
Starting September 1, 2024, RSA 485 A:39 mandates that a state-licensed septic system evaluator must evaluate septic systems within the protected shoreland, and sometimes a state-permitted designer, before transferring waterfront property. Failing systems must be replaced. This new law eliminates the need for waterfront site assessments and shifts the evaluation responsibility to the buyer, who can use the seller’s evaluation if desired, avoiding redundant evaluations.
Protected Shoreland includes land within 250 feet of:
- Lakes and ponds over 10 acres
- Fourth-order and greater streams and rivers, and most designated rivers
- Waters subject to tidal ebb and flow
Reason for Changes: Previous assessments didn’t thoroughly check septic system function, leading to potential groundwater, lake, and river pollution from failing systems, posing health risks, and contributing to algal blooms.
Failing Systems: If a system shows signs of failure, it must be replaced within 180 days, with possible extensions for certain circumstances. Buyers must notify the NHDES and local health officer of the failure and replacement.
Septic System Designer Requirement: Needed for systems without state approval or approved before 1989, to ensure compliance with updated standards.
Determining Protected Shoreland: Use the Wetlands Permit Planning Tool to check if a property is within the protected shoreland boundaries.
Read the full NHDES fact sheet on the new requirements below:
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