Section We 602.08 - Well Location: Protective Well Radii and Setbacks from Property Boundaries(a) For purposes of this section, the setback distance from any property boundary shall be determined in accordance with Table 1008-4 in Env-Wq 1008.06(b), as reprinted below in Appendix C.(b) As specified in RSA 485-A:30(b) and (c), a protective well radius, shall be contained: (2) On a recorded easement for the purpose of wellhead protection, including a cross-easement to facilitate overlapping well radii, as specified in Env-Wq 1009.09;(3) On land which is permanently dedicated to a use which precludes development; or(4) Within state and locally mandated property line setbacks to septic systems, including the 10-foot setback to property lines established for septic systems in Env-Wq 1008.04(a).(c) For the purposes of (b)(3) above, the term "lands precluded from development" includes, but is not limited to:(1) State forests identified in RSA 227-H:5;(2) Protected lands held under the terms of RSA 227-M, where the deed precludes development of buildings or subsurface waste disposal systems within the affected area;(3) Conservation lands held under the terms of RSA 477:45-47, where the deed precludes development of buildings or subsurface waste disposal systems within the affected area.(5) Any wetland as defined in RSA 482-A:2, X; and(6) Any public road, subject to the requirements of We 602.08(d) and We 602.09(b).(d) A protective well radius shall not extend across a property line onto a public road unless use of other lands listed in We 602.08(c) above, is not available, or not practicable.(e) Wells constructed in subdivisions with overlapping protective well radii with recorded easements shall not have to meet the special methods of construction specified in We 602.16.(f) Wells constructed with protective well radii overlapping onto land within a state or locally mandated property line setback shall not have to meet the special methods of construction specified in We 602.16.N.H. Admin. Code § We 602.08
#6449, eff 1-29-97; ss by #7307, eff 6-13-00; ss by #9179, eff 6-13-08
Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12083, Effective 3/1/2017, Expires 3/1/2027.