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 1005.11 - Non-Building Lots

Universal Citation: NH Admin Rules Env-Wq 1005.11

Current through Register No. 13, March 27, 2025

(a) The purpose of this section is to accommodate the creation of lots for public purposes on which wastewater will not be generated or disposed or which do not meet the criteria established for minimum lot size under these rules. Such lots are typically created for purposes of providing public access to, or public use of, natural resources such as lakes, rivers, wildlife preserves, or parks, or to provide green space or open space in accordance with RSA 674:21-a.

(b) For purposes of this section, the following definitions shall apply:

(1) "Anti-merger clause" means a clause in a legal document such as a deed which has the legal effect of precluding the ownership of a conservation restriction from merging with the fee ownership of the land underlying the restriction in such a way as to extinguish or otherwise eliminate the restriction;

(2) "Building lot" means:
a. A proposed lot on which a building from which wastewater will discharge either:
1. Exists at the time of application for subdivision; or

2. Is intended to be erected at some time in the future; or

b. A proposed lot which meets the minimum lot size requirements of Env-Wq 1005.02, Env-Wq 1005.03, Env-Wq 1005.04, or Env-Wq 1005.06 through Env-Wq 1005.11, as applicable, regardless of whether a building from which wastewater discharges is intended to be erected;

(3) "Conservation restriction" means "conservation restriction" as defined by RSA 477:45, I, except that for purposes of this section:
a. The term is limited to the prohibition against:
1. Constructing a building from which wastewater will be discharged; and

2. Discharging wastewater to the land which is subject to the conservation easement; and

b. The easement is valid and enforceable until such time as the lot is served by municipal sewer, provided, however, that nothing herein shall prevent the easement from lasting in perpetuity if the grantor and grantee of the easement so desire;

(4) "Conservation restriction grantee" means an agency of federal, state, county, or local government or a private non-profit legal entity which has as one of its primary purposes the holding of conservation restrictions so as to preserve land in an undeveloped state; and

(5) "Non-building lot" means a proposed lot on which a building from which wastewater will discharge does not exist at the time of application for subdivision and will not be erected, that does not meet the applicable requirements of Env-Wq 1005.02, Env-Wq 1005.03, or Env-Wq 1005.05 through Env-Wq 1005.10.

(c) Any person who wishes to create one or more non-building lots as part of a subdivision otherwise subject to these rules shall comply with the requirements of this section for such lot(s).

(d) Each proposed non-building lot shall be identified on the subdivision application and plan with the words "NON-BUILDING LOT" in capital letters and in boldface type or underlined, or both, in a plain font of sufficient size to be readily noticed by the average person.

(e) Any approval of a subdivision containing one or more non-building lots shall identify the non-building lot(s) by lot number and the words "NON-BUILDING LOT" in capital letters on the subdivision approval.

(f) Notwithstanding Env-Wq 1003.06, for any proposed non-building lot(s) the applicant shall not be required to provide test pit or percolation test data for the proposed non-building lot(s).

(g) Applications for subdivisions creating one or more non-building lots which meet the requirements of (c) through (f), above, shall be approved contingent upon execution of the conservation restriction pursuant to RSA 477:3, acceptance of the conservation restriction pursuant to RSA 477:47, and recording of said conservation restriction in the chain of title of the property on which it is to be created pursuant to RSA 477:3-a.

(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08

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