1. (a) The location or proposed location of the protective well radii relative to the boundaries of the lot on which the well is situated and surrounding lots, and the recognized portion thereof shall be:

   1. (1) In accordance with RSA 485-A:30-b, I(b) for any private well being installed or utilized to serve one or more new commercial buildings or a non-community public water system;
   2. (2) In accordance with RSA 485-A:30-b, I(c) for any private well serving buildings other than commercial buildings; and
   3. (3) In accordance with water well board rules We 100-We 1000.
2. (b) Any portion of a protective well radius extending across a property line onto an easement duly granted by the owner of record of the abutting property and recorded in the registry of deeds for the county in which the property is located shall be accorded full recognition. A copy of the recorded easement shall be submitted with the application.

3. (c) Any portion of a protective well radius extending across a property line onto land that is precluded from development shall be accorded full recognition without a deeded right to use the abutting property, provided that:

   1. (1) The use of the abutting property is clearly identified on the plan; and
   2. (2) The applicant submits a copy of evidence of the development preclusion of the abutting land, as described in (d), below, with the application.

4. (d) For purposes of (c), above, evidence of development preclusion shall be determined with reference to the reason why the land is precluded from development, as follows:

   1. (1) Land identified in RSA 227-H:5 shall be evidenced by a copy of the relevant statutory section;
   2. (2) Land held under the terms of RSA 227-M or RSA 477:45-47, where the deed precludes development of buildings or subsurface waste disposal systems within the affected area, shall be evidenced by a copy of the deed;
   3. (3) Any surface water or area of very poorly drained soil shall be evidenced by a copy of the portion of a map locating the surface water or very poorly drained soil;
   4. (4) Any wetland shall be evidenced by a certification from a permitted designer in accordance with Env-Wq 1014.06; and
   5. (5) Any public road shall be evidenced by a copy of the portion of a plan or tax map locating the public road.

Source. (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.08)