Section Env-Wq 1004.22 - Expansion, Relocation, or Replacement of Existing Structures(a) No construction approval or approval to operate from the department shall be required for the expansion, relocation, or replacement of any structure that meets the requirements of RSA 485-A:38, II-a, namely: (1) The work does not increase the load on the ISDS serving the structure;(2) The ISDS serving the structure received construction approval and approval to operate from the department within 20 years of the date of the issuance of a building permit for the proposed expansion, relocation, or replacement or the lot is 5 acres or more in size;(3) If the property is nonresidential, no waivers were granted in the construction approval or approval to operate of any requirements for total wastewater lot loading, depth to groundwater, or horizontal distances to surface water, water supply systems, or very poorly drained soils; and(4) The proposed expansion, relocation, or replacement complies with the requirements of the shoreland water quality protection act, RSA 483-B, if applicable.(b) Subject to (c), below, any expansion, relocation, or replacement of a structure that does not meet the requirements of RSA 485-A:38, II-a shall be considered new construction, for which an application for an ISDS to serve the structure shall be submitted in accordance with Env-Wq 1003.(c) The expansion, relocation, or replacement of a structure shall not be considered new construction under (b), above, if: (1) The ISDS serving the structure received construction approval and approval to operate from the department more than 20 years before the date of the issuance of a building permit but otherwise meets the criteria specified in (a), above; and(2) The footprint of the structure will not change.(d) For property in the protected shoreland, no structure shall be replaced, relocated, or expanded without the owner first determining that such replacement, relocation, or expansion will not violate RSA 483-B.N.H. Code Admin. R. Env-Wq 1004.22
Adopted by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.