Douglas County Board of Health recommends county opt out of new gray‑water rule

The Douglas County Board of Health on Sept. 11 voted to recommend that the Douglas County Board of County Commissioners opt out of a new state gray‑water regulatory regime slated to take effect Jan. 1, 2026, while continuing to monitor technology and demand.

Board President Benevento said the boardshould not require home builders to install gray‑water systems but could provide information to residents who want the systems. "I don't want to create any requirement for home builders," Benevento said during discussion.

Director Hill described gray water as laundry or sink water that is separate from sewage and "still has the potential to be contaminated, so it needs to go through some kind of treatment program before it's used in another way." Skyler Secard, assistant director of environmental health, told the board the proposed local revisions would align county practice with recent state changes that shift the program from opt‑in to opt‑out unless a county chooses otherwise.

Board members discussed public health maintenance, maintenance burdens and cost. A board member raised concerns about pathogen control, installation training and ongoing upkeep, arguing those factors supported an opt‑out recommendation. Kevin, a board member who said he had attended presentations on gray‑water systems, said the payback period and variability of system quality made the systems more of a "passion" choice than a broadly practical one at present.

Chris Pratt from the county attorney's office said the county previously piloted an opt‑in program that was "not particularly popular" and required additional hardware and maintenance; some installations generated complaints about smell and upkeep. Matt Jabowski of the building department was identified as having been involved in the earlier pilot.

The board voted to recommend that the Board of County Commissioners opt out of the state gray‑water rule and to continue monitoring developments and municipal programs. The recommendation will be forwarded to the Board of County Commissioners for a formal decision affecting unincorporated areas of Douglas County.

The board noted that municipalities that already have gray‑water programs (for example, Castle Rock) would not be affected; existing installations would be grandfathered.

The board's recommendation does not itself change county code; it is advisory to the Board of County Commissioners, which has final authority over opt‑in/opt‑out decisions for unincorporated areas.