Commissioners decline to adopt revised on‑site sewage rules after public hearing; related fee change approved

Washington County Commissioners Court on April 15, 2025, held a public hearing on proposed revisions to the county's on-site sewage facility (OSSF) order and declined to adopt the order after discussion and public comment.

The proposal, presented by Mr. Stokes of the county environmental health staff, would have kept the existing lot-size requirement from the county's 2009 order but introduced several substantive updates to reflect newer products and development patterns. The changes under consideration included classifying small dwellings such as tiny homes and PMRVs (permanent model recreational vehicles) as equivalent to a one- or two-bedroom single-family home for sizing; allowing reuse of existing tanks if pumped within five years; and a new approach to multiple dwellings on a single parcel that uses a flow‑based standard rather than a simple dwelling-per-acre rule.

Mr. Stokes told the court the recommended flow standard for multiple dwellings is 440 gallons per day per acre with a required 25% reserve area. The proposal also would cap recreational vehicle (RV) connections at eight per acre and add several setback adjustments for aerobic spray systems (proposed 25 feet from buildings/property lines and 75 feet from creeks or ponds, versus the county's previous, more restrictive distances). Stokes said the draft had been reviewed with the Texas Commission on Environmental Quality (TCEQ) and county attorneys.

Why it mattered

The changes targeted how Washington County regulates septic systems for evolving housing types and denser residential developments. Supporters said the revisions aim to reduce confusion (for example, by classifying tiny homes/PMRVs under existing sizing rules), give flexibility for aerobic systems where soils are restrictive, and add a reserve area to avoid maxing out systems. Opponents and some installers warned the proposed enforcement provisions could harm small contractors and urged caution.

Public comment and debate

Installer Craig Corless, who said he has worked in Washington County for 15 years, urged the court to reconsider a proposed disciplinary path for installers. Corless said a short suspension for installers after repeated failed inspections could be "weaponized" and impose large financial harms on small businesses, particularly newer installers who perform most of their work in multiple counties. He said many counties apply rules inconsistently and urged the court to allow new installers a chance to learn the local practice.

County staff and several commissioners responded that failed inspections are rare in Washington County: the department reported approximately 7,000 permits issued over 25 years and 18 failed inspections during that period, with eight failures in the last five years largely concentrated in a single company that is no longer in business. Staff described the suspension measure as an escalating, limited tool (first step: three-month restriction on new applications tied to an installer's name, then six months, then 12 months on further recurrences) and said appeal rights to the commissioners court would remain.

Outcome and related fee action

A motion to adopt the proposed OSSF order (to take effect upon county approval and TCEQ acceptance) was made and seconded but failed on a voice vote; the court did not adopt the revised order at this meeting. The transcript records the vote as a voice vote and does not include a roll-call tally.

At the same meeting the court separately approved a narrowly targeted change to the Washington County Environmental Health fee schedule, effective April 16, 2025. County staff said the only substantive change in the posted fee revision was removal of a separate fee line for failed OSSF reinspections, with the intent of simplifying reinspection handling; the motion to adopt the revised fee schedule passed on a voice vote.

What was proposed (selected details recorded during the hearing)

- Lot size: no change from the 2009 adoption. - Tiny homes/PMRVs: classified under existing sizing as a one- or two-bedroom single-family dwelling. - Tank reuse: permitted if the existing tank has been inspected and pumped within the last five years. - Multiple dwellings (Section J): proposed standard 440 gallons per day per acre, with a 25% reserve area. RV connections capped at eight per acre. - Aerobic spray setbacks: proposed 25 feet from buildings/property lines (county previously 75 feet; TCEQ baseline 10 feet) and 75 feet from creeks/ponds (county previously 113 feet; TCEQ baseline 50 feet). - Installer enforcement (Section S): escalating restriction on accepting new applications listing an installer after two failed inspections within a 12-month period; first occurrence: three months, repeated occurrences: six months, then 12 months. Department staff characterized the measure as a last-resort quality-control tool; an appeals process to the commissioners court was described.

Next steps

Because the court did not adopt the order at this meeting, the proposed OSSF order will not take effect. County staff indicated the draft has been reviewed with TCEQ and attorneys and may be revised further before returning for additional review or action. Commissioners and staff cited both the department's desire for quality control and the need to avoid unintended harm to small contractors as reasons to refine the language before reconsideration.