Bluff council backs county move to let health department consider septic permits on 0.4-acre existing lots

Bluff town leaders on Tuesday voted to register the council’s support for a San Juan County Health Department on-site wastewater ordinance that would permit the county to consider septic approvals on existing lots down to 0.4 acres if state code and county design requirements are met.

The measure was described to the council by a staff member who said the draft was prepared in coordination with San Juan County, followed by Dennis Shumway, the county’s environmental health director. Shumway told the council that state rules set minimum standards but county ordinances can provide the avenue for variances: “We can allow that,” he said, referring to consideration of 0.4‑acre lots, while stressing that any approval still requires a licensed wastewater designer, a soil evaluation and other state code requirements.

Council members said the change is meant to help existing property owners who have been unable to secure septic approvals under a strict 1‑acre presumption, not to open new subdivisions to smaller lots. “I would probably put something in there that the 0.4 would be for existing lots, not for future lots,” one council member said during the discussion.

Council members pressed for clearer language in the draft ordinance about replacement areas and timing. Several noted that the current draft’s wording in sections on replacement absorption systems could be read to require installation of a replacement system at the time of construction. Shumway and council members agreed to revise the language so that a replacement area must be identified, designed and approved — not physically installed unless a replacement is actually required. As Shumway stated, the intent is to ensure the property has an available replacement footprint if the system eventually fails.

The council also probed whether the town should attempt its own municipal ordinance or support a county approach. Erin, a meeting participant, asked whether an interlocal agreement would let Bluff adopt its own ordinance while contracting with the county to administer permits; Shumway and staff explained that the health department’s authority lies with county public health, and a county ordinance is the normal vehicle. The council agreed the town would not adopt its own ordinance at this time and instead would offer a formal show of support to the county.

Members raised longer‑term concerns about groundwater and future subdivisions. One member described the 0.4 allowance as a “band aid” that helps existing lots but warned that applying the same standard to new subdivisions could increase septic density and risk groundwater contamination. Shumway said county practice would likely retain the state minimum for new lots and that the county is focused on using the 0.4 measure to address existing, smaller parcels.

After discussion and requested clarifications, the council voted to support San Juan County Health Department approval of the on‑site wastewater ordinance “as written,” with the expectation the county attorney and health board will review and refine language. The council asked to be notified and to send representatives when the ordinance is presented to the county board of health.

Next steps: the draft goes to San Juan County’s board of health and then the county commission for consideration; Bluff council members asked to be informed so they may provide representation at those hearings.