New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wq - Water Quality and Quantity Programs
Chapter Env-Wq 1000 - SUBDIVISIONS; INDIVIDUAL SEWAGE DISPOSAL SYSTEMS
Part Env-Wq 1005 - SUBDIVISIONS
Section Env-Wq 1005.08 - Conversions to Condominiums

(a) Subdivision plans shall be submitted in accordance with Env-Wq 1003 for any proposed conversion of existing developed property to condominium ownership if the resulting condominiums will not be served by a municipal sewer.

(b) Prior to receiving subdivision approval for conversion of existing developed property into condominiums, the applicant shall show either that the existing ISDS is sufficient for the proposed use, as described in (c), below, or that the property proposed to be converted to condominiums is capable of supporting a replacement ISDS, as described in (d), below.

(c) The existing ISDS shall be deemed sufficient for the proposed use if the applicant shows that the ISDS:

(d) The property proposed to be converted to condominiums shall be deemed capable of supporting a replacement ISDS if the applicant submits an application for approval of an ISDS in accordance with Env-Wq 1003, with no requests for waivers to lot loading or setbacks to surface water or groundwater.

(e) Drinking water supplies from groundwater aquifers for existing developed property that is to be converted to condominiums shall be protected by restricting land use and prohibiting all activity detrimental to water quality and quantity within the minimum distances established by Env-Wq 1008.05, Table 1008-3, based upon the average daily demand on the system.

(f) The protective well radius shall be preserved in accordance with Env-Wq 1008.07.

(g) The responsibility for maintenance, operation, replacement, and protection of the water supply and sewage disposal systems shall be clearly established by the condominium agreement.