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Planning board told it cannot enact septic ordinance under state RSA; board to explore watershed-overlay option
Summary
At its Feb. 3 meeting the Planning Board heard that state RSA places septic regulation in the health domain, limiting the board's authority to enact a local septic ordinance; the board said it will explore an overlay watershed district and Tasking of the Health Officer to continue work.
The Town of Stoddard Planning Board on Feb. 3 heard that the town attorney advised the board it cannot adopt a standalone septic ordinance because septic regulation is governed as a health regulation under state RSA.
Jan McGonagle, Town Health Officer, reviewed her research on implementing the current RSA to require septic inspections at the time of sale or transfer of ownership and described challenges with state-level reporting, enforcement and the practical task of compiling lists of property sales for inspection. McGonagle told the board there is “no help from the state on how [inspections are] reported and how to handle the process across the state for enforcement.”
Board members discussed practical limits. The discussion noted a common waterfront standard — limiting inspections to properties within a 250-foot setback from the shoreline — but board members and McGonagle said that raises questions about consistency and enforcement. The board did not take a vote on a local septic regulation at the meeting.
Chair Bob Maden said the Planning Board would investigate whether creating an overlay watershed district could provide an appropriate local mechanism to address water quality and inspections tied to property transfers. McGonagle thanked the Planning Board for drafting an ordinance and said she would continue working on the issues with the current state RSA.
Next steps: the Planning Board and the Town Health Officer will continue exploring options, including an overlay watershed district and coordination with the Select Board and Compliance Officer. No formal ordinance was adopted; any health regulation would require Select Board action after a public hearing, per the board's discussion.
