N.H. Code Admin. R. Env-Wq 1026.04
Env-C 200 shall apply to all administrative fine hearings, and adjudication of the proposed fine shall be in accordance with Env-C 204.24.
Source. #14486, eff 2-1-26, EXPIRES: 2-1-36
Appendix A: State Statutes Implemented
Rule Section(s)
Specific Statute(s) Implemented
Env-Wq 1001
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1001.03
RSA 541-A:22, IV
Env-Wq 1002
RSA 485-A:2; RSA 485-A:29-44
Env-Wq 1003
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1004
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1005
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1006
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1007
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1008
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1009
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1010
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1011
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1012
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1013
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1014
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1015
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1016
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1017
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1018
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1019
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1020
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1021
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1022
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1023
RSA 485-A:1; RSA 485-A:29-44
Env-Wq 1024
RSA 485-A:1; RSA 485-A:4, IX; RSA 485-A:29-44
Env-Wq 1025
RSA 485-A:39
Env-Wq 1026
RSA 485-A:22, V(a)
Appendix B: Incorporated References
Rule (Env-Wq)
Reference (Date/Edition)
Obtain From (Cost)
1003.07(f)
1003.13(g)
National Geodetic Vertical Datum of 1929 (NGVD 29)
Available for free from the National Geodetic Survey at the National Oceanic and Atmospheric Administration at https://www.ngs.noaa.gov/datasheets/
1003.07(f)
1003.13(g)
North American Vertical Datum of 1988 (NAVD 88)
Available for free from the National Geodetic Survey at the National Oceanic and Atmospheric Administration at https://www.ngs.noaa.gov/datasheets/
1005.02(c)(3)
1006.05(a)(1)
Munsell Soil Color Charts (2009)
Available through various sources, including:
https://www.pantone.com/munsell-soil-color-charts $298
1006.05(b)
Field Book for Describing and Sampling Soils: Version 4.0 (2024)
USDA-NRCS National Soil Survey Center
Available at no cost:
1008.03(b)(1)
“Groundwater Mounding Analysis for Onsite Wastewater Discharge: From Simple to Innovative”, Vermont Department of Environmental Conservation, HydroSolve, Inc., and University of Nebraska-Lincoln (2019)
Available at no cost at:
https://neiwpcc.org/wp-content/uploads/2019/04/Bradley_Groundwater-Mounding-JGB-V.6.pdf
1019.04(a)(1)
“Small Scale Waste Management Project: Design of Pressure Distribution Networks for Septic Tank-Soil Absorption Systems”, Richard J. Otis at the University of Wisconsin-Madison (January 1981)
Available at no cost from multiple sources including at:
https://soilsfacstaff.cals.wisc.edu/sswmp/pubs/9.6.pdf
1019.04(a)(2)
“Pressure Distribution Network Design”, James C. Converse, University of Wisconsin-Madison (January 2000)
Available at no cost at https://soilsfacstaff.cals.wisc.edu/sswmp/SSWMP_9.14.pdf
Appendix C: STATUTORY REFERENCES
RSA 485-A:2
I. "Developed waterfront" property means any parcel of land upon which stands a structure suitable for either seasonal or year-round human occupancy, where such parcel of land is contiguous to or within 250 feet of the reference line, as defined in RSA 483-B:4, XVII, of:
(a) A fresh water body, as defined in RSA 483-B:4, XVI(a);
(b) Coastal waters, as defined in RSA 483-B:4, XVI(b); or
(c) A river, as defined in RSA 483-B:4, XVI(c).
I-c. "Commissioner" means the commissioner of the department of environmental services.
III. "Department" means the department of environmental services.
IV. "Failure" means the condition produced when a subsurface sewage or waste disposal system does not properly contain or treat sewage or causes the discharge of sewage on the ground surface or directly into surface waters, or the effluent disposal area is located in the seasonal high groundwater table.
VII. "Lot" means a part of a subdivision or a parcel of land which can be used as a building site or intended to be used for building purposes, whether immediate or future.
VIII. "Other wastes" means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.
IX. "Person" means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.
X. "Sewage" means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.
XI. "Sewage disposal system" means any private sewage disposal or treatment system, other than a municipally owned and operated system.
XII. "Subdivider" means the legal owner or his authorized agent of a tract or parcel of land being subdivided.
XIII. "Subdivision" means the division of a tract or parcel of land into 2 or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale, rent, lease, building development, or any other reason; provided, however, that sale or other conveyance which involves merely an exchange of land among 2 or more owners and which does not increase the number of owners, and on which no sewage disposal system is to be constructed shall not be deemed a subdivision for the purposes of this chapter. Without limiting the generality of the foregoing, subdivision shall include re-subdivision, and, in the case of a lot, tract or parcel previously rented or leased, the sale, condominium conveyance, or other conveyance thereof; provided however that a re-subdivision of lots in previously approved subdivisions, where lot lines are relocated to conform to necessary changes in the plans because of errors in a survey or new street, access or siting requirements, or errors in building locations, and where the lot sizes are not substantially altered shall not be deemed a subdivision for the purposes of this chapter; and provided further that a re-subdivision in which previously approved lots are grouped together to form larger lots shall not be deemed a subdivision for the purposes of this chapter. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision under this chapter.
XV. "Tract or parcel of land" means an area of land, whether surveyed or not surveyed.
XX. "Bedroom" means a room furnished with a bed and intended primarily for sleeping, unless otherwise specified by local regulations.
XXI. "Innovative/alternative waste treatment" means treatment which differs from standardized and conventional practice, offers an advantage over such practice in a proposed application and satisfies the pollution abatement and treatment requirements for sewerage and sewage or waste treatment systems in such application.
RSA 205-A:1
I. "Manufactured housing" includes, but is not limited to, manufactured housing as defined by RSA 674:31, and also includes any prefabricated dwelling unit which:
(a) Is designed for long term and continuous residential occupancy;
(b) Is designed to be moved on wheels, as a whole or in sections; and
(c) On arrival on the site, is complete and ready for occupancy, except for incidental unpacking, assembly, connection with utilities, and placing on support or permanent structure.
Nothing herein shall be construed to include campers or recreational vehicles within the definition of "manufactured housing".
II. "Manufactured housing park" means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate 2 or more manufactured houses. Nothing herein shall be construed to apply to premises used solely for storage or display of manufactured housing.
RSA 483-B:4
XIII. "Primary building line" means a setback for primary structures of 50 feet from the reference line.
XV. "Protected shoreland" means, for natural, fresh water bodies without artificial impoundments, for artificially impounded fresh water bodies, except private garden water features and ponds of less than 10 acres, and for coastal waters and rivers, all land located within 250 feet of the reference line of public waters. For river segments of third order or lower designated as protected under RSA 483:15 which are either designated after or for which specific exemptions are repealed after December 31, 2015, "protected shoreland" means all land located within 50 feet of the reference line of public water.
XVII. "Reference line" means:
(a) For all lakes, ponds, and artificial impoundments greater than 10 acres in size, the surface elevation as listed in the Consolidated List of Water Bodies subject to the shoreland water quality protection act as maintained by the department.
(b) For coastal waters, the highest observable tide line, which means a line defining the furthest landward limit of tidal flow, not including storm events, which can be recognized by indicators such as the presence of a strand line of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide.
(c) For rivers, the ordinary high water mark.
XXVII. "Woodland buffer" means all protected shorelands within 150 feet of the reference line including those protected shorelands within 50 feet of the reference line more specifically designated as the waterfront buffer.
RSA 485:1-a
XV. "Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:
(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);
(b) Obtains all of its water from, but is not owned or operated by, a public water system; and
(c) Does not sell water to any person.
XVI. "Supplier of water" means any person who controls, owns or generally manages a public water system.
RSA 216-I: 1
VII. "Recreational campground or camping park" means a parcel of land on which 2 or more campsites are occupied or are intended for temporary occupancy for recreational dwelling purposes only, and not for permanent year-round residency, excluding recreation camps as defined in RSA 170-E:55, I.
VIII. "Recreational vehicle" means any of the following vehicles:
(a) Motorhome or van, which is a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
(b) Pickup camper, which is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.
(c) Recreational trailer, which is a vehicular, portable structure built on a single chassis, 400 square feet or less when measured at the largest exterior horizontal projections, calculated by taking the measurements of the exterior of the recreational trailer including all siding, corner trim, molding, storage space and area enclosed by windows but not the roof overhang. It shall be designed primarily not for use as a permanent dwelling but as a temporary dwelling for recreational, camping, travel or seasonal use.
(d) Tent trailer, which is a canvas or synthetic fiber folding structure, mounted on wheels and designed for travel, recreation, and vacation purposes.
RSA 482-A:2
X. "Wetlands" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
RSA 354-A:15
VIII. No provision in this subdivision regarding familial status shall apply with respect to housing for older persons.
(a) As used in this paragraph, "housing for older persons" means housing:
(1) Provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or
(2) Intended for, and solely occupied by, persons 62 years of age or older; or
(3) Intended and operated for occupancy by persons 55 years of age or older and:
(A) At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;
(B) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
(C) The housing facility or community complies with rules adopted by the commission for verification of occupancy, which shall:
(i) Provide for verification by reliable surveys and affidavits; and
(ii) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subparagraph X(a)(3)(B). These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
(b) Housing shall not fail to meet the requirements for housing for older persons by reason of:
(1) Persons residing in such housing as of the effective date of this amendatory Act of 1988 who do not meet the age requirements of subparagraph X(a)(2) or X(a)(3); provided, that new occupants of such housing meet the age requirements of subparagraph X(a)(2) or X(a)(3); or
(2) Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subparagraph X(a)(2) or X(a)(3).
(c)(1) A person shall not be held personally liable for monetary damages for a violation of this subdivision if the person reasonably relied, in good faith, on the application of the exemption under this paragraph relating to housing for older persons.
(2) For the purposes of this subparagraph, a person may show good faith reliance on the application of the exemption only by showing that:
(A) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and
(B) The facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption.
Appendix D: Federal Definition
44 CFR 59.1:
Special flood hazard area - see “area of special flood hazard”.
Area of special flood hazard is the land in the flood plain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”.