City Council upholds city engineer, denies appeal to keep 4-inch sewer lateral

Corvallis City Council voted unanimously Tuesday to deny an appeal of the city engineer's Dec. 30, 2024 decision requiring a 6-inch public sanitary sewer lateral for a four-unit infill development, upholding the engineer's denial of the applicant's request to retain a 4-inch lateral.

The appeal hearing focused on whether the council may consider only the record that was before the city engineer when he made his decision and whether his decision was "arbitrary and or capricious." City Attorney Emily Madisar told the council it must follow Corvallis Municipal Code (CMC) 1.11 0.03, which directs the council to "review the decision and the fact or record upon which the decision was based for the purpose of determining whether the decision was arbitrary and or capricious."

The appellant's attorney argued the council has broader authority under the city charter and that the engineer's standard is arbitrary and inconsistent with plumbing code and state housing laws. City legal counsel and staff emphasized deference to the city engineer under the municipal code and said the engineer's decision addressed the arguments raised in the record.

City staff described the core of the city's position as operations-and-maintenance driven: public lateral standards reflect the city's long-term need to operate and maintain the public sewer system and are not the same as the Oregon Plumbing Specialty Code, which governs private on-site plumbing. City Attorney's Office attorney Josh Soper said the code "does not allow the city council to make its own independent decision about whether the 4 inch lateral should remain or the 6 inch lateral should be installed." He added the appeal standard is narrowly focused on whether the engineer's decision was arbitrary or capricious.

The appellant's attorney, Mike Reeder, presented an independent civil engineer's report arguing the existing 4-inch lateral is "more than adequate for the development" and criticized the record for lacking data on how often blockages occur, the city's costs to clear them, and why similar variances are not routinely granted. Reeder said the plumbing code allows up to 216 equivalent fixture units on a 4-inch lateral and argued the city's uniform 6-inch requirement was not justified for this site.

City Engineer Jeff McConnell, answering council questions, described operational differences between 4-inch and 6-inch laterals: a 4-inch lateral limits the tools crews can use — typically a flushing kit — and raises a higher risk of sewage discharge when clearing blockages. He said a 6-inch lateral allows simultaneous use of a high-pressure jetter and a suction line, reducing the likelihood of spills and making maintenance safer and more effective.

The record shows the applicant first requested a modification on Dec. 16, 2024 and the city engineer denied the request on Dec. 30, 2024. City staff had estimated the cost to construct the 6-inch improvement at the time of original construction at about $8,000; councilors noted retrofitting an already completed project would be substantially more expensive.

After deliberations, Councilor Ellis moved to deny the appeal; the motion was seconded (second not specified in the hearing record). A roll-call vote recorded nine "yes" votes and no opposition, and the council declared the motion passed unanimously, leaving in place the city engineer's requirement for a 6-inch public sanitary sewer lateral for the project.

The council's action was limited to whether the city engineer's decision was arbitrary or capricious under the municipal code; it did not change or amend the city's engineering standards. The appellant indicated at the hearing that further appeals were possible.