In late July, NHDES Subsurface Systems Bureau released a Fact Sheet (WSB-14) in response to the passage of a bill passed in the NH Legislature regarding the transfer of waterfront properties with septic systems in the protected shoreland area.
Click here to review Fact Sheet SSB-14.
Beginning September 1, 2024, RSA 485 A:39 will require septic systems within the protected shoreland to be evaluated by a state-licensed septic system evaluator and, in some cases, a state-permitted septic system designer before any transfer of the waterfront property can take place. Failing septic systems identified through this process will need to be replaced.
The new law eliminates the requirement for waterfront site assessments, which were once mandatory for the purchase of waterfront properties with septic systems.
The new law shifts the responsibility for an evaluation to the buyer, not the seller. However, there are provisions that allow a buyer to accept an evaluation completed for the seller if they choose. This change will save buyers and sellers from paying for redundant evaluations.
Click the link above for the full text of the Fact Sheet which clarifies a number of important points related to this law change.