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Property owner urges change to shoreland septic rule after variance process requires inspections of multiple systems
Summary
A Nevis cabin owner told Hubbard County commissioners he withdrew a variance application after the county applied a shoreland rule requiring inspection of multiple septic systems on common PUD ground, a process he said would impose at least thousands of dollars in cost and potential liability.
A Hubbard County property owner asked commissioners to amend county permitting language after a variance application to rebuild a lakeshore cabin prompted a county requirement to certify multiple septic systems belonging to other owners in the same planned unit development (PUD).
Mark Hobson of Nevis told the board his family plans to rebuild within the existing cabin footprint. He said the county required certification of eight septic systems because part of his cabin sits on common PUD grounds, and that the additional inspections would cost “at least $7,000” and possibly far more depending on access and repairs. Hobson said the association’s bylaws define lots by original cabin foundations and that neighboring systems are separate and not functionally connected to his property.
County staff member Eric explained that the provision referenced by Hobson stems from the State Shoreland Management Rules and is reflected in the county ordinance (transcript cited paragraph 1103.4). Under current practice, a permit, variance or conditional use permit triggers a requirement that on‑site septic inspections be current for systems on the property. Because Hobson’s structure partly sits on common element, county staff said the county would require inspection of the systems on that common element.
Eric said the county’s legal counsel had been consulted and that a state variance to deviate from the shoreland rule would likely be difficult; one option for Hobson would be to amend the recorded plat to encompass the entire cabin footprint within the unit envelope. Commissioners and staff discussed options involving the homeowners association — including asking other owners to certify their systems when an applicant seeks a variance — but noted that requiring neighbors to pay inspections would likely face resistance.
Eric said an existing rule also calls for centralized septic systems for PUDs built at the time the PUD was processed, and that many older PUDs did not install a centralized system. The county said inspection certifications are currently considered compliant for three years under state septic rules. Eric offered to forward the specific state rule language to Hobson for review.
No ordinance change was approved at the meeting. Commissioners encouraged Hobson to consult the homeowners association and consider legal or plat‑amendment options; staff said they could provide the state rule text.
