N.H. Code Admin. R. Env-Wq 1003.11

Current through Register No. 25, June 20, 2024

Section Env-Wq 1003.11 - Lots or Condominiums Not Having Subdivision Approval

(a) The department shall not require that a lot of less than 5 acres have subdivision approval prior to being eligible for ISDS approval in the following circumstances:

(1) The lot is within 1,000 feet of surface water and was created prior to July 1, 1967;

(2) The lot is not within 1,000 feet of surface water and was created prior to July 1, 1971; or

(3) The lot is within 1,000 feet of surface water and was created between July 1, 1967 and July 1, 1975 or is not within 1,000 feet of surface water and was created between July 1, 1971 and July 1, 1975, and:

a. The lot is within a subdivision that received local approval, if such approval was required by local ordinances or regulations in place at the time the lot was created;

b. At least 50% of the other lots in the subdivision have been built on pursuant to valid construction approvals issued by the department or its predecessor agency, or 25% to 50% of the lots, including at least one abutting lot, have been built on pursuant to valid construction approvals; and

c. Subdivision approval cannot be obtained from the department because the lot does not meet current subdivision criteria.

(b) The department shall not require that a condominium have subdivision approval prior to being eligible for ISDS approval if the condominium was created before June 18, 1971.

(c) The department shall not require that a condominium have subdivision approval prior to being eligible for ISDS approval if the condominium was created between June 18, 1971 and September 1, 1989, and:

(1) The condominium received local approval prior to September 1, 1989, if such approval was required by local ordinances or regulations in place at the time the condominium was created;

(2) The declarant, as defined in RSA 479-A or in RSA 356-B as in effect at the time the condominium was created, is no longer a majority owner of the condominium;

(3) The condominium was registered under RSA 479-A or was approved by the New Hampshire attorney general under RSA 356-B, if required by the statute in effect at the time the condominium was created; and

(4) Through inadvertence or mistake, the condominium developer did not request subdivision approval from the department or its predecessor, the water supply and pollution control commission, at the time the approvals specified in (1) and (3), above, were obtained.

N.H. Code Admin. R. Env-Wq 1003.11

(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08; ss by #9904-A, eff 4-16-11

Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.