Sewer setback rule change started

OLYMPIA — The sewer setback distances from lakes and rivers is still 200 feet, it has not changed as erroneously reported in the Jan. 28 Miner story “Septic setback rule changed.”

While the state Board of Health accepted a petition to change the setback to 100 feet, the change must go through the rulemaking process, and an outcome is not predetermined.

The petition was supported by Pend Oreille County commissioners and Northeast Tri County Health officials, among others, including county commissioner Robert Rosencrantz who made an in-person appearance before the Board Jan. 14. It was then the Board of Health voted to begin the rulemaking process, a formal, multi-step process required under state law to change a rule. In written comments to The Miner following the Jan. 14 meeting, Rosencrantz said the process of changing the rule was beginning.

That rulemaking process was formally initiated Friday, March 6, when the Board filed form CR-101, Preproposal Statement of Inquiry for WAC 246-272A-0210 with the Code Reviser’s Office. The CR-101 announces to the public that the Board is considering changing the rule. There will be public comment periods, a public hearing and further Board action before any rule change takes effect.

“We are at the very beginning of that process, not the end,” said Michelle Larson, state Department of Health spokesperson. “We anticipate finalizing the rule changes later this year, hopefully in November.” FROM PAGE 1

SETBACK:

The Board of Health and the state Department of Health are separate entities. The Department of Health implements the on-site sewage system rules, but the authority to adopt and change those rules belongs to the Washington State Board of Health.

“It was the Board of Health, not the Department, that accepted Commissioner Rosencrantz’s petition and voted to initiate rulemaking,” Larson said.

While Rosencrantz is confident the rule will change based on the vote by the Board of Health to accept the petition, nothing is predetermined, Larson said.

“While that is what the petition requested, the rulemaking process is an open one,” she said by email. “The Board will explore options, hear from interested parties including water systems, local health jurisdictions, and the public, and then the Board will make a decision. The final rule could revert to 100 feet, establish a different distance, or create flexibility for local health officers to make caseby- case determinations. Nothing is final yet.”

While the current rule calls for the 200-foot setback, there is flexibility on a case-by-case basis, Larson said. With the current rule, those that want a shorter setback can apply for a waiver from the local health department. The waiver requires a hydrogeological study and can be somewhat time/cost prohibitive, which is why the DOH doesn’t think it is a long-term solution.

“The Department of Health plans to issue an interpretive statement in April 2026 to help local health departments/officials navigate the current rule while the new rulemaking process is ongoing,” she said.

Last April the state DOH changed the setback requirements for how close septic systems could be to rivers and lakes to 200 feet, up from 100 feet.

“The impact of this new rule meant that a significant portion of real estate across the state couldn’t be developed or only at tremendous additional expense, delay and red tape,” Rosencrantz said in written comments to The Miner following the Jan. 14 meeting with the BOH. “Most important, this included parcels along the entire Pend Oreille River system.”

He said it didn’t improve health or safety or increase environmental protections, something with which Northeast Tri County Health officials agreed.

The Board will use an interested parties list for this rulemaking to provide updates and share information about opportunities to be engaged in the rule change. To join the interested parties list, people can fill out the OSS Setbacks interest form online at www.airtable.com/appInSCDg-3PQGljEz/pagLorBHVJoI8oDfU/ form. People are invited to visit the rule webpage at www.sboh.wa.gov/ rulemaking/agency-rules-and-activity/ site-sewage-systems-setbacks for more information about the rule revision, or contact Shay Bauman at the State Board of Health.