Do You Need a Wastewater & Potable Water Permit?
Situations Where You May Need a Permit
- Subdividing your property: You may need a permit unless the new lots will remain undeveloped and have a “Notice of Permit Requirements” in the deed or land records.
- Building a new water supply or wastewater system: A permit is required for new construction.
- Modifying or replacing an existing system: If you update an existing water or wastewater system, you will need a permit.
- Building or modifying a structure connected to water/wastewater systems: This includes adding new buildings or changing existing ones, such as adding a bedroom, which may increase water use and require a permit.
- Connecting a new structure to an existing water or wastewater system: This also needs a permit.
- Changing how a building is used: If it increases water use or changes system operations, like converting a seasonal home to year-round, you need a permit.
- Replacing a structure on property with existing systems: You won’t need a permit if:
- The new structure is connected to water/wastewater within 4 years.
- The new structure is built within 50 feet of the old one.
- The new structure has the same or fewer bedrooms.
- Creating or modifying a campground: A permit is needed if there are 3 or more campsites, or changes to water/wastewater systems.
- Using a failed water or wastewater system: Using a system that has failed requires a permit.
- Starting construction of any of the above projects: “Starting construction” means any physical work on a building or its water/wastewater system, such as excavation or site work.
What Happens if You Don’t Get a Permit?
- Property sale issues: Without a permit, there could be complications when selling the property.
- Fines and legal fees: You could be fined and need a lawyer to resolve the issue.
- System standards: If your system doesn’t meet state standards, you may have to pay for costly replacements.
Who Can Prepare the Application?
A licensed designer must design any water or wastewater system. There are different levels of designers:
- Class 1 Designer: A professional engineer who can design any size system, including high-strength wastewater systems.
- Class BW Designer: Can design systems for up to two single-family homes or other buildings with a water flow of 1350 gallons/day or less.
- Class B Designer: Licensed for systems serving one single-family home, with a flow of 1350 gallons/day or less.
- Class A Designer: Can design systems that do not need site modifications, with a flow of 1350 gallons/day or less.
A list of designers is available at licensed designers list.
What Can You Do Without a Permit?
Certain changes don’t need a permit, such as:
- Boundary adjustments: Moving property lines.
- Minor repairs or replacements: Fixing or replacing parts of a water or septic system.
- Rebuilding a structure: If a building is rebuilt within 4 years of removal, no permit is needed.
- Replacing a water supply: For single-family homes, you can replace a well without a permit, but you must file the location in the town land records.
What Can You Do to Your Water or Wastewater System Without a Permit?
You can make minor repairs like replacing pipes, pumps, or parts of a water/wastewater system without a permit.
For potable water systems, you can replace or repair pipes from the well to the building, replace pumps, or deepen a well.
For wastewater systems, you can replace a septic tank or pipes without needing a permit. But you must contact the Division before working on a leach field.
What Can You Do Inside Your Home?
If you have a single-family home, you can add bathrooms or plumbing fixtures without needing a permit, as long as the work stays inside the building and doesn’t involve exterior pipes.
Running a business from your home with no employees or regular public visits doesn’t need a permit.
What is a Failed Wastewater System?
A system has failed if wastewater is:
- Exposed to the air,
- Pooling on the ground,
- Discharging into surface water, or
- Backing up into a building.
Failed systems can cause illness due to pathogens and bacteria, so it’s important to repair them according to the Rules.
What Should You Do if Your Wastewater System Fails?
Contact a licensed designer to design a new system and submit a permit application. They may also meet with a Regional Engineer to discuss your options.
What is a Failed Water Supply?
A water supply has failed if:
- Quality standards are not met (e.g., for coliform, nitrate, arsenic, uranium).
- Quantity needs are not met (e.g., can’t run two plumbing fixtures at once).
What Should You Do if Your Water Supply Fails?
For non-public water supplies, you can treat for certain contaminants without a permit. You can also install a new potable water source without a permit in some cases (see "What Can I Do Without a Permit?").
What do I Need to Convert a Seasonal Home to Year-Round Home?
If you want to convert a seasonal home to year-round use, you’ll need a permit unless it was already occupied for at least 180 days in a calendar year between 1986 and 2006.
Can I Add an Accessory Apartment?
Adding an accessory apartment almost always requires a permit. You should consult with a licensed designer for your permit or documentation needed for a permit exemption.
Can I Build a Deer Camp?
A primitive camp doesn’t need a permit if it’s occupied for no more than 60 days per year and meets these conditions:
- Plumbing is limited to one sink,
- No flush toilet is installed, and
- Only sink water disposal is required.
You can also install a waterless toilet like a composting toilet. However, installing a soil-based wastewater system for the camp requires a permit.
If I have a property with an existing water and wastewater system but the house was torn down, removed or burned down, do I need a permit to build or place a manufactured home on this property and connect to the existing infrastructure?
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These are the conditions and factors that determine whether a permit is required.
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There are 4 years from the time the home was removed/demolished in order to re-establish connection to the existing infrastructure
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Over 4 years – permit required
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The new home must be built within 50 feet of the previous structure
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Location outside the 50’ footprint – permit required
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The new home must be the same or less bedrooms
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More bedroom than demolished home – permit required
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