I When do I need a Site Assessment Study of my Shoreland Septic System

New NH Law as of September 1, 2024

Prior to the transfer of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line.  The buyer of the property shall, at the buyer’s expense, engage a New Hampshire licensed septic system evaluator to conduct a septic system evaluation.  However, the buyer may accept an evaluation prepared for the seller of the property if the evaluation was completed within 180 days of the date of property transfer.  The septic system evaluation prepared for the seller by a New Hampshire state licensed septic system evaluator with stated findings shall be given to the buyer and acceptance of the evaluation shall be acknowledged in writing by the buyer.

If the existing septic system is not approved by NH Department of Environmental Services Subsurface Bureau or the NHDES Subsurface Bureau approval was prior to September 1, 1989, the buyer shall also hire a New Hampshire permitted septic system designer to determine the elevation of the bottom of the effluent disposal area relative to the elevation of the seasonal high water table.

Based on this information, the New Hampshire permitted septic system designer to determine if the system is in failure. The determination from the permitted septic system designer shall be completed prior to the transfer of the property.

Failure is defined as “the condition produced when a subsurface sewage or waste disposal system does not properly contain or treat sewage, or cause the discharge of sewage on the ground surface or directly into surface water, or the effluent disposal area is located in the seasonal high groundwater table”

The findings of the New Hampshire licensed septic system evaluator or septic system designer shall not prohibit the sale of the property. However, must be disclosed to the buyer as full and proper notice of the possible limitations of the septic system.

If the system is deemed to be in failure, the buyer shall sign a document, prepared by the New Hampshire licensed septic system designer, authorizing the designer to conduct notifications to the department and the local health officer;

The buyer is not required to comply with notifying State and Local authorities,  if they replace or repair the septic system within 180 days of the transfer of the property.  Prior to the transfer of the property, the buyer shall notify the department and the local health officer that a septic system evaluation was not performed because the system will be replaced.  The buyer shall file a report with the department and the local health officer with a copy of the state approval for operation for the replacement system within 180 days of the close of the property sale.  Timely receipt of this report by the department and the local health officer shall satisfy all obligations of the buyer relative to this section.