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Bill would let planning boards request discretionary water studies for private‑well subdivisions
Summary
HB 11‑20 would enable local planning boards to request discretionary water‑supply studies for subdivisions of four or more private‑well units; proponents said the measure protects neighbors’ wells and prevents development that would overwhelm local groundwater, while opponents asked for clearer guardrails and cost definitions.
Representative Kat McGee introduced HB 11‑20 to add enabling language to subdivision statutes so local planning boards may, at their discretion, request water‑supply studies (hydrogeologic assessments and pump tests) for proposed subdivisions of four or more units relying on private wells. The bill explicitly exempts community water systems and large groundwater withdrawals from the requirement.
Supporters including experienced planners and local officials said the measure is modest, narrowly tailored and critical in places with low‑yield wells and drought‑sensitive hydrogeology. Planner David Preece (testifying in favor) said, “Housing without water is not housing. It’s a liability.” Witnesses from lake towns described local ordinances requiring periodic septic inspections and pump‑outs to prevent water‑quality degradation.
Opponents — including the New Hampshire Association of Realtors and some developers — urged clearer statutory guardrails because full hydrogeologic studies can be expensive; they recommended the committee consider a model ordinance and technical guidance to standardize testing parameters and reasonable triggers.
Why it matters: Private‑well communities can be vulnerable to reduced yields when multiple new wells draw from a small aquifer; enabling local review could reduce the risk of neighbors’ wells running dry and protect long‑term community water availability.
What’s next: DES staff said the agency has model testing parameters and will try to provide the committee with existing guidance; several members suggested either legislative guardrails defining testing scope or relying on model ordinances to avoid expensive, inconsistent demands on developers.
