Buying or Selling Waterfront Property with a Septic System? Here’s What You Should Know!

Buying or Selling Waterfront Property with a Septic System? Here’s What You Should Know!

If you're thinking about buying or selling a waterfront property in New Hampshire, heads up! Starting September 1, 2024, new regulations will come into play that you’ll want to be aware of, especially if the property has a septic system.

So, what’s changing?

Under the new law (RSA 485 A:39), any time a waterfront property within the protected shoreland is transferred, the septic system needs to be checked. This evaluation has to be done by a licensed septic system evaluator, and in some cases, a state-permitted septic system designer will need to step in too. If the system is failing, it has to be replaced before you can close on the sale.

The good news? These changes eliminate the old requirement for a waterfront site assessment, which focused more on the property’s wastewater capacity rather than how well the septic system was actually functioning.

Who’s responsible for the evaluation?

It’s now on the buyer to get the system checked out. However, buyers can opt to use an evaluation already done for the seller, which could make the process smoother for everyone involved.

Where does this apply?

The "protected shoreland" includes properties within 250 feet of certain lakes, ponds, rivers, and tidal waters. So, if your property is along one of those, these new rules apply.

Why the change?

The old system didn’t do enough to catch failing septic systems, which could pollute lakes, rivers, and groundwater. The new rules ensure that systems are properly checked, keeping our waterways cleaner and safer for everyone.

What if the septic system fails?

If the system doesn't pass, the buyer will need to replace it within 180 days of purchase. There are extensions available if needed (up to 180 more days), especially if weather or other factors cause delays. But if you plan on putting in a brand-new system, you can skip the evaluation process altogether!

Do you need a septic system designer?

You’ll need one if the septic system doesn’t have state approval or if it was approved before 1989. The designer’s job is to make sure the system meets current standards, especially in relation to water levels.

Not sure if your property is affected?

You can easily check if your property falls within the protected shoreland using the Wetlands Permit Planning Tool online.

Have more questions?

For more details, visit the NHDES septic systems webpage or reach out to the Subsurface Systems Bureau. They’re super helpful and can guide you through the process!

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Have a Real Estate Question, or are you thinking about Selling or Buying in New Hampshire? We have you covered! Jen, Erin and the entire Luxe Living team is here to help. Reach out today!