New Hampshire House Bill HB247

New Hampshire 2023 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Report Pass: 2/15/23
• Engrossed: 3/7/23
• Refer: 3/7/23
• Report Pass: 4/27/23
• Enrolled: 6/21/23
• Chaptered: 7/12/23
• Passed: 7/12/23

Caption

Relative to protective well radii.

Impact

HB247 amends existing laws under RSA 485-A concerning protective well radii by defining clearer guidelines for where well radii can be located and how they may overlap with adjacent properties. This change could stabilize environmental protections for private drinking water sources by clarifying the responsibilities of property owners and contractors during the installation of wells and septic systems. By streamlining these provisions, the bill seeks to reduce complications and potential conflicts that could arise from overlapping radii, especially in densely settled areas. Moreover, the repeal of certain documentation requirements may lower fees and administrative burdens for local governments; however, it could also lead to a decrease in county revenues from recording waivers.

Summary

House Bill 247 (HB247) focuses on the regulation of protective well radii in relation to wastewater disposal and private well installations. The core purpose of the bill is to eliminate encroachment waivers previously allowed under state law, which permitted specific exceptions for well radii that could otherwise overlap property lines. This change aims to enhance clarity and consistency in regulations associated with private drinking water well protections while ensuring that such protections extend beyond the landowner's property when necessary. Additionally, the bill mandates the use of a setback reduction form to streamline processes for well drillers and septic system designers during installations.

Contention

While the bill is aimed at improving environmental safeguards and regulatory procedures, it has sparked discussions regarding the balance of local controls and state mandates. Critics may argue that by removing encroachment waivers, the legislation risks imposing rigid restrictions that may not account for unique local circumstances or community needs. This has raised concerns among local governments and stakeholders who appreciate flexibility in how they manage environmental regulations. The hope of the sponsors is that the bill will simplify compliance, but opponents may view it as an inadequate approach to addressing specific local environmental concerns that require tailored solutions.