New Hampshire’s pristine lakes and rivers have long been a cherished natural resource, drawing residents and visitors alike to enjoy their beauty. With this privilege comes the responsibility of protecting these waterways, especially from pollutants like improperly functioning septic systems. The recent passage of House Bill 1113, effective September 1, 2024, marks a significant step forward in safeguarding these vital ecosystems. To appreciate the importance of this new law, it’s helpful to look back at the history of septic system regulations for waterfront properties in New Hampshire and understand the reasons behind this legislative change.
A Look Back: The History of Waterfront Septic System Regulations
Pre-1989: Minimal Oversight
Before 1989, New Hampshire had little in the way of standardized regulations for septic systems near waterfronts. Properties were often grandfathered in with aging systems that may not have met modern standards for environmental safety. The lack of oversight left many systems unchecked, creating potential risks for nearby water bodies.
1989: The Introduction of Site Assessments
In 1989, New Hampshire took its first significant step toward regulating septic systems near waterfronts by requiring site assessments during certain property transfers. These assessments were designed to evaluate whether a system was functioning properly or posed a risk to the surrounding environment. However, these requirements were not universal. Whether an assessment was performed often depended on the circumstances of the sale or the preferences of the parties involved, leaving gaps in enforcement and accountability.
Post-1989: Incremental Changes
Over the decades, the state introduced additional measures aimed at improving water quality and protecting public health. While site assessments and inspections became more common in practice, there was still no consistent, statewide mandate specifically targeting waterfront properties. Many older systems continued to operate without proper scrutiny, even as environmental awareness grew.
2024: The Landmark Change with House Bill 1113
House Bill 1113 addresses these gaps by introducing a mandatory process for septic system evaluations during the sale of waterfront properties. The new law applies to properties with septic systems located within 250 feet of the reference line (the established boundary for shoreline protection under the Comprehensive Shoreland Protection Act). Here’s what the new requirements entail:
- Mandatory Inspection: Buyers of developed waterfront properties must hire a licensed septic system evaluator to assess the system’s functionality before the property transfer is completed.
- Assessment of Older Systems: If the system lacks state approval or was approved prior to September 1989, a licensed septic system designer must determine whether the system is functioning adequately and its elevation relative to the seasonal high water table.
- Action on Failing Systems: If the evaluation determines that the system is failing, it must be replaced within 180 days of the property transfer. This replacement timeline ensures environmental risks are addressed promptly.
Why Was House Bill 1113 Introduced?
The passage of House Bill 1113 reflects growing concerns about the cumulative impact of failing septic systems on New Hampshire’s waterways. Many of the state’s iconic lakes, rivers, and streams are at risk of contamination from nutrients like nitrogen and phosphorus, which can seep into the water from outdated or malfunctioning systems. These nutrients fuel harmful algal blooms, degrade water quality, and threaten aquatic ecosystems. Last summer, for example, cyanobacteria warnings were issued across Lake Winnipesaukee multiple times.
Lawmakers and environmental advocates pushed for this bill to:
- Close Regulatory Gaps: The previous system of voluntary inspections left too many septic systems unchecked, particularly in high-risk waterfront areas.
- Protect Water Quality: With tourism and recreation heavily dependent on clean water, the health of New Hampshire’s lakes and rivers is critical to the state’s economy and public health.
- Modernize Outdated Systems: Many older septic systems no longer meet current environmental standards, necessitating upgrades or replacements.
What Does This Mean for Buyers and Sellers?
For buyers, the law ensures that they are purchasing a property with a functioning and compliant septic system. However, buyers should be aware that they are responsible for covering the costs of the inspection and, if necessary, replacing a failing system after the property transfer. This adds a layer of financial consideration when purchasing waterfront properties.
For sellers, the new requirements may prompt earlier negotiations during the sale process. In some cases, sellers and buyers may agree to address septic system issues prior to closing, with sellers handling replacements to facilitate the transaction.
Looking Ahead: A Win for Waterways
House Bill 1113 represents a pivotal moment in New Hampshire’s ongoing efforts to protect its waterways. By ensuring septic systems near shorelines meet modern standards, the law helps preserve the state’s natural beauty for future generations. For homeowners, realtors, and buyers, this change underscores the importance of responsible stewardship of waterfront properties. Whether you’re buying, selling, or simply enjoying New Hampshire’s lakes, the health of these waters depends on all of us.
For more information or to navigate these changes, feel free to reach out with your questions!
The environmental fact sheet from DES can be found HERE.