Rep. Kat McGee seeks to let local planning boards request water‑supply studies for new subdivisions

CONCORD — Representative Kat McGee, prime sponsor of House Bill 568, told the House Resources, Recreation and Development Committee that the bill would allow local planning boards to request a water‑supply study as part of subdivision review to help ensure existing private wells and public water systems remain adequate as housing density increases.

McGee, a Republican representing Hillsborough District 35, said the bill is “bipartisan” and was shaped over two years after a constituent complained that a nearby 30‑plus‑home development reduced his private well productivity. “Water is an essential resource,” McGee said, adding the bill “is not mandatory” and would not impose costs on taxpayers because an applicant could be required to cover notice to abutters and the cost of any study.

The measure inserts language in the planning and zoning section on subdivision regulations to explicitly permit — but not require — planning boards to request water supply studies “in accordance with local regulations to ensure water adequacy as housing density increases.” McGee said the bill aims to give local boards a clear statutory basis for seeking information when potential impacts to wells or supply are a concern.

Opponents at the hearing asked for details on what constitutes a “water supply study.” Bob Quinn, CEO of the New Hampshire Association of Realtors, said without parameters the bill could be read to require an expensive hydrology study or pump test, “which my understanding is… very expensive.” Quinn urged the committee to review a February 2010 groundwater commission report and consider a committee study on frequency and appropriate responses before adopting statutory language.

State Department of Environmental Services witnesses told the committee that the Groundwater Commission’s earlier report had model ordinances and guidance that towns could adopt. Brandon Kernan, administrator of the Drinking Water and Groundwater Bureau at DES, said clusters of private well failures occur “intermittently” and more often in places with ledge and thin overburden. He said DES can use well‑driller reports and homeowner surveys to ground complaints in data before recommending further study.

Several committee members asked for a clear size threshold. McGee and other commenters noted prior versions specified subdivisions of four or more lots; some members urged restoring that threshold to avoid requiring studies for very small splits.

Why it matters: The bill would change how local planning boards may approach water‑supply impacts from new subdivisions, a point of concern where private wells are common. Proponents say the language is narrowly tailored and voluntary; critics want more specificity about what a “study” entails and who pays for it.

Next steps: Committee members asked for additional written materials referenced at the hearing, including the 2010 Groundwater Commission report and DES model ordinances, and discussed possible amendments to specify a subdivision size threshold and study scope.