April 29, 2011

NEW REPLACEMENT/REPAIR OF SEPTIC SYSTEM RULE BY DES

The New Hampshire Department of Environmental Services (DES) has enacted a rule change regarding replacement of existing residential Individual Sewage Disposal Systems (ISDS) as specified in Env-WQ 1003.14.  The rule went into effect April 16, 2011.

Under the previous DES rule, a homeowner undertaking a replacement of a septic system which met certain criteria (certified to be not more than 75 feet from surface or well water; bottom of bed is more than 24 inches above seasonal water table; no change in size or location or type of design; use and flow will not change) could file with the DES a Repair/Replacement Questionnaire, which simply notified that the system was to be replaced.  No fee was incurred.

Under the new rule, that questionnaire is eliminated and the owner or designer would need to submit the same application a new system requires, for which the fee would be $300.  If a homeowner has a signed contract with an installer prior to Jan. 14, 2011, that project is exempt from the new rules provided the work is completed by June 1, 2011.

As before, an individual may prepare and submit the application as well as install the replacement ISDS if it will serve the individual’s own domicile. 

COMPREHENSIVE SHORELAND PROTECTION CHANGES MOVE CLOSER TO FINAL PASSAGE (SB 154)

Legislation to amend RSA 483-B, the Comprehensive Shoreland Protection Act, has passed the Senate and a key House committee.  Under SB 154, the permitting process should be expedited with the expansion of permit-by-notification for  construction, excavation and filling that would affect less than 1,500 square feet and add no more than 900 square feet of impervious area within a protected shoreland area; construction, excavation and filling that would be directly related to stormwater management improvements and erosion control enhancements as well as maintenance, repairs and improvements to public utilities, roads and access facilities. 

The Department of Environmental Services will have a total of five days to respond to a permit-by-notification request.  The landowner may then send a written request for response, and if DES fails to respond after another five days, the permit will be deemed approved.

The application fee for a permit-by-notification would be $100 plus 10 cents per suqare foot of affected area.  All fees would be capped at $750 for projects up to 9,999 square feet; $1,875 for projects of 10,000 to 24,999 square feet; $3,750 for projects of 25,000 square feet or more.

A new points system will, among other things, encourage the planting of shrubs near the shoreline.  Under the new law, the name of the statute would be changed to the Shoreland Water Quality Protection Act.

If the legislature fails to approve SB 154, all funding for RSA 483-B will cease on July 1.  There is broad bipartisan support for preserving the Act and its funding.

BAN ON MUNICIPAL MANDATES OF SPRINKLERS SYSTEMS CLEARS ANOTHER HURDLE (SB 91/HB 109)

The House of Representatives voted overwhelmingly this week to prevent a municipality to adopt any ordinance requiring the installation of automatic fire sprinklers in any new or existing detached one- or two-family dwelling.  If signed into law, the prohibition will take effect on July 1, 2011.

The amended version of SB 91 would permit municipalities which have adopted sprinkler mandates to continue to enforce those ordinances.  However, HB 109, which has passed the House and is currently being debated in the Senate, prevents municipalities from enforcing current sprinkler ordinances.  The differences in the two bills may need to be worked out in a committee of conference.

CHANGES TO SAFE ACT REGARDING SELLER FINANCING (SB 28)

The NHAR-sponsored legislation — SB 28, which would create an exemption under the SAFE Act for seller financing — continues to move forward in the House of Representatives, having already passed the Senate.

The Department of Housing and Urban Development (HUD) has indicated that a final rule on how the SAFE Act will be enforced is expected in the next month.  HUD’s final rule will have a critical impact on the chances of SB 28 being signed into law.

For further information, contact NHAR Government Affairs Director Bob Quinn at bob@nhar.com.