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County approves one-lot groundwater-availability variance after staff review and map presentation
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Summary
After staff presented maps showing about 20 domestic wells within a one-mile radius and earlier groundwater certification for nearby platted lots, commissioners approved a variance to waive evidence of groundwater availability for a single 2.97-acre lot in Precinct 4.
The Johnson County Commissioners Court approved a variance on Aug. 25 that allows a proposed one-lot plat in the L. Munger Survey (Abstract 582) in Precinct 4 to proceed without providing the usual evidence of groundwater availability.
Public Works Director Jennifer Vanderlin presented a map showing roughly 20 domestic wells registered within a one-mile radius of the subject property and pointed out that a nearby subdivision (Trinity Acres) had a groundwater accessibility certification completed for 16 lots in 2022. Vanderlin told the court that many older wells may not be registered with the Prairieland Groundwater Conservation District and that there are multiple platted lots in the area that remain in developer ownership.
Commissioners expressed concern about precedent and the potential for incremental subdivision of the surrounding 85-acre parcel, which could result in many additional wells. Commissioner Willey said the request gave him “a little bit of heartburn” but moved to approve the variance based on prior examples where one-lot variances had been granted when further development was unlikely. Several commissioners asked staff to flag future variance requests in the area and to include visual well maps in future reports.
Vanderlin explained local practice: state law requires a groundwater accessibility certification when a proposed development includes 10 or more lots; for fewer lots the county requires credible evidence of groundwater availability, but the Legislature has not defined what constitutes that evidence. Vanderlin said the county typically requires the full certification where feasible because alternatives have not been consistently defined.
The motion to approve the variance carried unanimously. The court directed staff to present a map of registered wells and to remind future applicants that if they seek to subdivide more extensively they will need a groundwater accessibility certification.
