N.H. Rev. Stat. Ann. § 147: § 147:11
Discontinuance; Penalty.
Operative Text
The health officers may, in writing, order the discontinuance of any nuisance or that a privy located within 100 feet of a public sewer shall be connected to the sewer. In cities or towns having a water and sewerage system, the health officers may, in writing, order the discontinuance of any privy or vault located on premises within 100 feet of a public sewer, and the establishment of a flushing closet connected with such sewer. If any person continues the nuisance after an order from the health officers, or neglects to comply with an order made under this section or RSA 147:4, such person shall be guilty of a violation for each day of the continuance or neglect. Nothing in this section shall prohibit cities, towns, or village districts, by ordinance or by regulation adoption under this chapter, from increasing the 100-foot distance contained in this section.
Under N.H. Rev. Stat. Ann. § 147:11, local health officers have the authority to issue written orders requiring the elimination of public health nuisances or mandating that privies and vaults within 100 feet of a public sewer be disconnected and replaced with a flushing closet connected to that sewer. Failure to comply with such an order — or continuing the prohibited condition after being directed to stop — constitutes a separate violation for each day the non-compliance persists. Municipalities also retain the flexibility to extend the 100-foot threshold through local ordinance or regulation.
Plain English — not legal advice.
Property owners and managers subject to a written order issued under § 147:11 are generally expected to act promptly to discontinue any cited nuisance or to connect qualifying privies and vaults to the public sewer system as directed. Because each day of non-compliance can constitute a separate violation, operators typically document the steps taken to achieve compliance and maintain records of any correspondence with local health officers. Where a property sits near a public sewer in a municipality that has adopted a stricter distance threshold under § 147:11, owners should verify the locally applicable standard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe a property contains a sanitary nuisance or an improperly maintained privy or vault near a public sewer may have grounds to raise concerns under § 147:11, which empowers local health officers to issue written corrective orders. If a landlord fails to comply with such an order, each day of continued non-compliance may be treated as a separate violation, which can be relevant when pursuing a complaint through local health authorities. Tenant-rights organizations and legal aid offices can help residents understand how this provision interacts with other housing and habitability protections available in New Hampshire.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation