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Arapahoe County leans to opt out of broad graywater allowance; will draft resolution to prohibit systems
Summary
After a public-health briefing on House Bill 24-1362 and Regulation 86, Arapahoe County commissioners signaled support for an opt-out resolution to prohibit graywater systems in unincorporated county (four commissioners favored opt-out; one preferred a narrower prohibition). Staff said the resolution can include language to revisit the policy if demand or technology changes.
The Arapahoe County Board of County Commissioners on Tuesday signaled support for a local opt-out that would prohibit graywater systems in unincorporated county areas, after staff presented regulatory options prompted by House Bill 24-1362.
Public Health and Public Works staff explained the state law shifts graywater from an opt-in to an opt-out default as of Jan. 1, 2026, and that local governments must act to prohibit specific system types if they do not want them to be automatically allowed. "With the passage of House Bill 24-1362, we have to decide whether we want to opt out of certain graywater system types before they become automatically allowed within the county as of 01/01/2026," staff said.
Staff presented three choices: take no…
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