New Hampshire § 125-R:3 Setback and Stack Height Requirements

New Hampshire Statutes

§ 125-R:3 — Setback and Stack Height Requirements

New Hampshire § 125-R:3

Title XPUBLIC HEALTH

Ch. 125-ROUTDOOR WOOD-FIRED HYDRONIC HEATERS

This text of New Hampshire § 125-R:3 (Setback and Stack Height Requirements) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 125-R:3 (2026).

Text

I.No person shall install or operate a Phase I OWHH unless it is installed at least 100 feet from the nearest property line and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.

II.No person shall install or operate a Phase II OWHH or a certified OWHH unless it is at least 50 feet from the nearest property line.

III.No person shall install or operate an OWHH that is not a certified OWHH, a Phase I OWHH, or a Phase II OWHH unless it is located at least 200 feet from the nearest abutting residence and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of b

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I. No person shall install or operate a Phase I OWHH unless it is installed at least 100 feet from the nearest property line and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.
II. No person shall install or operate a Phase II OWHH or a certified OWHH unless it is at least 50 feet from the nearest property line.
III. No person shall install or operate an OWHH that is not a certified OWHH, a Phase I OWHH, or a Phase II OWHH unless it is located at least 200 feet from the nearest abutting residence and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.
IV. This section shall not apply to any OWHH installed prior to August 10, 2008, so long as it is not reinstalled at a new location.