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 1008 - DESIGN REQUIREMENTS FOR ALL SYSTEMS
Section Env-Wq 1008.12 - Standard Release Form for Protective Well Radii
Universal Citation: NH Admin Rules Env-Wq 1008.12
Current through Register No. 13, March 27, 2025
(a) The applicant shall provide the following on the standard release form:
(1) Whether the release is being executed
because the well has been moved from the location shown on the approved plan or
because the well does not fit on an existing lot of record;
(2) The name and current mailing address of
each owner of the lot;
(3) The
location of the property, including street address, town, county, tax map and
lot number, and current deed reference;
(4) If applicable, the subdivision approval
number and construction approval number;
(5) A statement that each owner understands
that the well will be located closer than the recommended extent of a
protective well radius to the property line;
(6) A statement that each owner understands
that current state law does not protect the well beyond the boundary of the
property and that the rules of the department allow an individual sewage
disposal system to be installed as close as 10 feet to the property line, which
might result in an individual sewage disposal system on abutting property being
installed closer than 75 feet to the well;
(7) A statement that each owner understands
that s/he cannot prevent an individual sewage disposal system from being
installed on abutting property within 10 feet of the property boundary solely
on the basis of the well location;
(8) A statement that each owner understands
that with proper well construction, including drilling the well into bedrock,
casing the well, and sealing the casing, the risk of contamination from any
individual sewage disposal system closer than 75 feet to the well can be
minimized; and
(9) A statement that
each owner understands that s/he might have no recourse against the State of
New Hampshire or any owner of the abutting property if the well becomes
contaminated due to the decreased set-back distance.
(b) Each owner of the property shall sign and date the release form and shall cause the form to be recorded at the appropriate registry of deeds.
(c) The owner(s) of the property shall submit a copy of the recorded executed release form to the department and, if requested, to the local code enforcement officer or other local official designated by the municipality.
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08; amd by #9904-A, eff 4-16-11
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