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Town, county and state guidance unclear as Highlands commissioners weigh septic repair-area rules for subdivided lots
Summary
Town staff reported that state environmental-health guidance and the Attorney General’s interpretation leave a gray area when pre-1983 lots are subdivided and an existing house is left without an identified repair area; staff will coordinate with county health departments and return with recommended ordinance language.
Town staff and commissioners discussed whether subdivisions that split pre-1983 lots can require a septic repair area for the remaining lot that contains an existing house. Josh, a town staff member, summarized guidance from the North Carolina Division of Public Health and said the AG’s office had provided an interpretation.
Why it matters: Commissioners identified a regulatory gap that can leave an owner with an existing house and an undersized lot without an identified space for septic repairs. That can reduce property value or force emergency measures such as pump-and-haul.
What staff reported: Josh said he called Wilson Mize at the Division of Public Health, Environmental Health Section, who told staff that a lot created with an existing house and platted after 01/01/1983 would not be exempt from repair-area requirements. Josh told the board that Mize and the AG’s office said the exemption in the regulations applies only to tracts described in deeds or plats recorded before Jan. 1, 1983; however, if an exempt lot is subsequently divided the exemption is lost and the rules leave no direct mechanism to require creation of a repair area on the remaining lot.
Town staff noted the town’s subdivision ordinance already requires a letter of approval from the county health department "indicating that each has adequate area land area and soil conditions to accommodate the proposed method of water supply and sewage disposal." Josh told commissioners that the county has in practice sometimes not insisted on a repair-area determination in similar cases and that practices vary by county.
Board action and next steps: Commissioners asked staff to coordinate with Macon and Jackson county health departments, clarify the application process necessary for a soil/repair-area determination and return with proposed ordinance language if the town wishes to require a formal repair-area review for subdivided lots. Commissioner discussion recognized this is a relatively infrequent issue but one with significant consequences for affected property owners.
Ending: Staff will report back after county consultation and legal review; no formal ordinance change was made at the workshop.
