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Commissioners approve right-of-way utility agreement to allow septic pipe under Centennial Subdivision alley
Summary
The board approved an agreement allowing a property owner to run a septic sewer line under a platted alley in the Centennial Subdivision so a septic tank and leach field can sit on adjacent parcels; county staff noted depth, winter-freeze and separation-from-well requirements will be enforced at wastewater review.
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The Albany County Board of Commissioners approved a right-of-way utility agreement permitting Travis James (doing business as Madison Cove Cabin LLC) to run a wastewater pipe beneath a platted alley in the Centennial Subdivision so that a septic tank and leach field can be sited on adjacent parcels owned by the applicant.
David, a county staff member who presented the item, told commissioners that the alley is a platted public right-of-way and that the two affected parcels are under common ownership. He said the properties are outside a water-and-sewer district and that the applicant needs the alley crossing because conventional gravity wastewater placement is not feasible on the south parcel because of topography. "The alley is a is a platted public right away. That's why we're this is required to come to you," David said.
Commissioners asked several practical questions about the proposed crossing. Board members were told the pipe would probably be buried roughly 3 to 4 feet below ground; the county said shallow burial can be mitigated with insulation (blue board) or ducting so freezing is unlikely. Staff also said the wastewater application will be reviewed to confirm set-back requirements from nearby wells; on the map presented staff noted a leach field location about 50 feet from a property boundary but that state setbacks require 100 feet from a private well and the wastewater review will check exact locations.
David also told the board that the county attorney's office drafted the agreement and that the county will require the crossing to be locatable and marked. The board discussed future scenarios: the alley could be vacated in the future, which would be the property owner's responsibility to address, and the county indicated it would not assume liability if the crossing fails because of insufficient burial or other issues.
The board voted to approve the right-of-way utility agreement as presented. The agreement will be recorded and the applicant will proceed with the separate wastewater permitting process; formal approval of wastewater construction remains subject to the county’s standard permitting review.
Next steps: the county will record the signed right-of-way agreement and the applicant must complete the county wastewater application demonstrating required well separations and construction details before installation.

