1. (a) Prior to the sale of developed waterfront property covered by RSA 485-A:39, I, the buyer shall either:

   1. (1) Engage a New Hampshire licensed septic system evaluator to conduct a septic system evaluation;
   2. (2) Accept, as acknowledged in writing by the buyer, a septic system evaluation prepared by a New Hampshire licensed septic system evaluator for the seller, so long as the evaluation was completed within 180 days of the transfer of the property; or
   3. (3) Replace or repair the septic system within 180 days of the transfer of the property.

2. (b) If the buyer chooses the option in (a)(3), above, the buyer shall:

   1. (1) Complete and submit to the department and the local health officer the form “Buyer’s Declaration for Repair or Replacement of the Individual Sewage Disposal System”, NHDES-W-05-016, February 2026, available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-016 prior to the sale of the property, including a declaration; and
   2. (2) Submit to the department and the local health officer within 180 days of the transfer of the property a copy of the department’s approval to operate if the system was replaced.

3. (c) By signing the required form referenced in (b)(1), above, the buyer is declaring that they understand that they are required to:

   1. (1) Submit the form to the subsurface systems bureau at the department and the local health officer in the municipality where the property is located prior to the transfer of the property, as notification that the septic system evaluation was not completed;
   2. (2) Replace or repair the septic system within 180 days of the transfer of property; and
   3. (3) File a report to the department and the local health officer that includes a copy of the approval to operate for the septic system within 180 days of the property transfer.
4. (d) If any component of the septic system is within the 250 feet of the reference line, then the entire septic system serving the property to be sold shall be subject to the evaluation requirements.
5. (e) If the septic system is shared by more than one property, only the components of the septic system that serve the property to be sold shall be subject to the evaluation requirements.
6. (f) If there is more than one septic system on the lot to be sold, only the septic system that serves the property to be sold shall be subject to the evaluation requirements.

Source. #14486, eff 2-1-26, EXPIRES: 2-1-36