Skagit County to open public comment on tighter on-site sewage (septic) rules; public hearing set for July 28

Skagit County Public Health on Tuesday presented a package of proposed revisions to Skagit County Code 12.05 governing on-site sewage (septic) systems and asked the Skagit County Board of Health to open a formal public comment period. The board voted to open a 40-plus-day public comment period beginning June 10 and set a public hearing for July 28 at 2:30 p.m.

The revisions update local code to adopt changes made by the Washington State Department of Health to chapter WAC 246-272A (on-site sewage systems), add definitions and clarifications, and create several new and more prescriptive local requirements. "We have a singular item on your agenda today," Public Health Director Keith Hickman said as staff introduced the proposed code package. Sharice Gainor, an environmental health specialist, led the presentation and described the timeline and major changes.

Why it matters: the state updated its on-site sewage rules beginning in 2018 and adopted the revised WAC on Jan. 10, 2024, with most parts effective April 1, 2025. Local health jurisdictions must ensure their regulations are at least as stringent as state rules; Skagit County’s draft both adopts WAC requirements and adds local provisions that staff described as more stringent in several areas. That could affect property transfers, repairs, new construction, inspections and the qualifications required of designers and installers.

Key proposals in the draft code include: requiring operational permits for holding tanks with annual renewal; a preference (and requirement where sewer is available) that new development connect to sewer; adoption of Department of Health standards and guidance documents by reference; clearer definitions for site/soil evaluations and record drawings; minimum timelines to submit as-built record drawings (90 calendar days for conventional gravity systems; other system types before issuance of a building permit); a minimum of three soil test pits for new system designs (two in the primary area, one in the reserve area); routine inspection frequencies (every three years for conventional gravity systems, annually for other system types); requirements that systems be current on routine inspections before issuance of a building permit; and expanded routine inspection requirements and possible strength testing for nonresidential or transient-occupancy facilities (hotels, bed-and-breakfasts, schools, group homes).

Sharice Gainor explained the proposal to define provider certification levels: "Level 1 would be the more basic system types," she said, and Level 2 would cover more complex public-domain systems and proprietary alternatives, with certification based on education and experience. Staff also proposed requiring installers and other providers to hold a Washington business license and to submit complete renewal documentation, including record drawings and inspection reports.

Board discussion centered on two themes: (1) outreach and adequate notice to the technical advisory group and industry providers about areas where the county is proposing standards more stringent than state WAC; and (2) clearer examples and public-facing guidance about the difference between state waivers and local variances. Commissioner Leeson asked that the county explicitly highlight where the draft is more restrictive than state rules and solicit targeted feedback from industry representatives. In response, Mr. Higman (county staff) gave an example distinguishing a state waiver from a local variance: a waiver can allow a reduced setback from 100 feet to 75 feet from standing water if additional treatment is added (a waiver of state guidelines), whereas a variance is a change to a local rule (for example, who may perform certain inspections) and would be handled under local code.

Staff proposed a public comment window of more than 40 days and suggested an afternoon hearing time to help contractors and providers attend during excavation season. "We would propose over 40 days of official public comment period for folks to have that time to review," staff said. The Board approved the motion to open the comment period and set the public hearing for July 28 at 2:30 p.m.

Votes at a glance: the board approved two procedural items recorded during the meeting. The minutes for April 15, April 21 and May 29 were approved by voice vote. The board also voted to call for a public hearing on amendments to Skagit County Code 12.05; the hearing will be July 28 at 2:30 p.m., with the public comment period running from June 10 through July 28.

What happens next: staff will publish the draft code and accept written and verbal comments during the formal comment period, summarize comments received, and present them at the July 28 public hearing. Staff said they also plan targeted outreach (follow-up meetings, newsletters and web guidance) for designers, installers and operation-and-maintenance providers to clarify new processes, the variance/waiver distinction, and submission requirements.

Meeting context and scope: the draft reflects about a year of internal drafting, review with the Washington State Department of Health, work sessions with the Board in March–May, and consultation with a technical advisory group of designers and installers. Staff said many changes are intended to codify existing practice and improve clarity for customers and providers; several provisions are newly prescriptive and therefore represent increased local stringency compared with the recently adopted state WAC.