Section Env-Wq 1008.08 - Recognized Extent of Protective Well Radii(a) Pursuant to RSA 485-A:30-b, I(b) and (c), the protective well radius shall be contained wholly within the boundaries of any lot created after August 20, 1989, and shall be contained wholly within the boundaries of an existing lot of record to the extent possible. Any protective well radius wholly on the lot shall be accorded full recognition. Where the protective well radius extends across the property line, the portion of the protective well radius on the lot shall be accorded full recognition.(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.(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) The use of the abutting property is clearly identified on the plan; and(2) The applicant submits a copy of evidence of the development preclusion of the abutting land, as described in (d), below, with the application.(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) Land identified in RSA 227-H:5 shall be evidenced by a copy of the relevant statutory section;(2) Land held under the terms of RSA 227-M 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) 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; and(4) Any wetland shall be evidenced by a certification from a permitted designer.(e) Any protective well radius that extends onto an area precluded from development by other than a recorded easement for the protective well radius shall no longer be recognized by the department as protected if conditions on the abutting lot change to allow development.N.H. Admin. Code § Env-Wq 1008.08
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.