CHAPTER 302
HB 1293 - FINAL VERSION
26May2022... 2087CofC
2022 SESSION
22-2667
12/11
HOUSE BILL 1293
AN ACT relative to the design of sewage or waste disposal systems for a person's own domicile.
SPONSORS: Rep. McConkey, Carr. 3
COMMITTEE: Municipal and County Government
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ANALYSIS
This bill repeals the exemption allowing any person who desires to submit plans and specifications for a sewage or waste disposal system for the person's own domicile to do so without a permit.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26May2022... 2087CofC 22-2667
12/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the design of sewage or waste disposal systems for a person's own domicile.
Be it Enacted by the Senate and House of Representatives in General Court convened:
302:1 Subsurface Sewage or Waste Disposal Systems; Permit Requirements; Domicile Exemption. Amend RSA 485-A:35, II to read as follows:
II. [Any person who desires to submit plans and specifications for a sewage or waste disposal system for the person's own domicile shall not be required to obtain a permit under this paragraph provided that the person attests to eligibility for this exemption in the application for construction approval.] The commissioner shall adopt rules, prepared under the supervision of a professional engineer licensed to practice engineering in the state of New Hampshire, pursuant to RSA 541-A, relative to requiring a permit holder to be a licensed professional engineer with a civil or sanitary designation in order to submit applications for construction approval in certain complex situations. All fees collected pursuant to this section shall be deposited in the subsurface systems fund established in RSA 485-A:30, I-b.
302:2 Sewage Disposal Systems; Action on Applications. Amend RSA 485-A:31, I to read as follows:
I. Subject to paragraphs II and III, the department shall give notice in writing to the person submitting the plans and specifications for subdivision of land of its approval or [disapproval] of the need for additional information to complete the review of such plans and specifications within 30 days of the date such plans and specifications and the required fees are received and deemed administratively complete by the department and shall give notice in writing to the person submitting plans and specifications for sewage or waste disposal systems of its approval or [disapproval] of the need for additional information to complete the review of such plans and specifications within 15 working days of the date such plans and specifications and the required fees are received and deemed administratively complete by the department. Unless such written [disapproval] notice of the need for additional information to complete the review shall be [mailed] provided to the person submitting plans and specifications within 30 days in the case of plans and specifications for subdivision of land and 15 working days in the case of plans and specifications for sewage or waste disposal systems from the date of receipt with the required fees by the department, the plans and specifications shall be deemed to have been approved. If the department gives notice of the need for additional information, the department shall, within 30 days of the receipt of all such information in the case of plans and specification for subdivision of land and within 15 working days of the receipt of all such information in the case of plans and specifications for sewage or waste disposal systems, approve or deny the application. The department shall send a copy of the approval or [disapproval] denial of such plans and specifications to the planning board or board of selectmen of the affected municipality.
302:3 New Paragraph; Sewage Disposal Systems; Action on Applications. Amend RSA 485-A:31 by inserting after paragraph III the following new paragraph:
IV. The commissioner shall adopt rules pursuant to RSA 541-A relative to the procedures for review and standards for rendering a final decision for approval or denial of plans and specifications for subdivision of land and sewage or waste disposal systems.
302:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 01, 2022
Effective Date: August 30, 2022