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State Board accepts petition to reopen on‑site septic setback rule, files CR101
Summary
The Washington State Board of Health voted to accept a petition asking it to review recent changes to on‑site sewage setback requirements (WAC 246‑272A, Table 4) after local health jurisdictions reported widespread implementation issues along large rivers; staff will file a CR101 to begin formal rulemaking.
The Washington State Board of Health voted Jan. 13 to accept a petition asking the board to evaluate and, if necessary, revise recent changes to the on‑site sewage rule that increased horizontal setbacks from some surface water sources.
Jeremy Simmons, manager of the Department of Health’s wastewater management section, told the board that the 2025 revision had increased the setback for surface waters used as public drinking water sources from 100 feet to 200 feet in Table 4 of WAC 246‑272A. The department said the change was intended to protect areas immediately around surface‑water intakes; local health jurisdictions have interpreted the text to apply the setback to entire rivers and lakes, which has made many riverfront parcels difficult or impossible to develop under on‑site sewage constraints. "We intended the setback to be applied specifically to the areas immediately around surface water intakes," Simmons said during his presentation.
Board members from several counties described the real‑world consequences during questions: small historic lots, long river systems and differing implementation practices have produced confusion and hardship. Local officials said waivers have been used but are not a sustainable long‑term solution. After discussion, board members approved a motion directing staff to notify the petitioner and to file a CR101 pre‑proposal of inquiry to evaluate possible rule changes and scope rulemaking.
The CR101 starts a formal rulemaking process that may include options such as reverting the setback to 100 feet for surface waters used as drinking water, clarifying language that limits the 200‑foot setback to intake areas, or creating local health officer authority to reduce setbacks in defined low‑risk circumstances. The board did not adopt any final rule at the meeting; staff will return with a rulemaking scope and timetable.
What happens next: Department of Health staff will complete the CR101 and accept public input through usual APA procedures; any formal rule proposals and public hearings will be scheduled for later board meetings.
Sources: Department of Health briefing and Board of Health discussion during the Jan. 13, 2026 meeting.
