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Elbert County delays subdivision rule changes after public testimony on water and density
Summary
The board opened public testimony on proposed Article 11 subdivision changes — including proposed reductions in lot-size thresholds for septic and new language on aquifer use — heard developer and attorney concerns, and voted to continue the article to the first March meeting for further study and legal review.
The Elbert County Board of County Commissioners opened a public hearing on proposed revisions to Article 11 (subdivision design standards) that included changes to residential-density provisions tied to water and sanitation, an open-space threshold change and proposed limitations relating to use of the Dawson Aquifer for new land divisions.
Staff summarized the key technical changes: moving the residential density chart into the water-and-sanitation section, and Planning-Commission-recommended adjustments to minimum-acreage thresholds tied to on-site wastewater systems and central water availability (staff noted a Planning Commission recommendation to move some standards toward 2–2.5 acres in certain categories, though referral comments from Public Health indicated concern about going below a 5-acre threshold for some on-site wastewater scenarios). Commissioners and staff debated the appropriate technical thresholds and the extent of analysis required.
Public commenters included Jim Marshall, who identified himself as a developer and said septic systems can function on 2-acre lots and urged flexibility so that 5–10 acre communities remain financially viable. Stephen Bushong, an attorney representing landowners, warned that proposed language limiting use of the Dawson Aquifer for certain subdivisions could amount to an unconstitutional taking of statutory groundwater rights if implemented without careful legal design, and urged thorough legal review. County counsel/staff responded that land-use conditions tied to approvals can lawfully limit certain future uses in exchange for approvals but acknowledged legal complexity and recommended further vetting.
Given the technical, engineering and legal issues raised — particularly the water-supply and potential takings concerns — a commissioner moved to continue Article 11 in full to the board's first March meeting (noted in the discussion as March 11 at 1:00 p.m.) to allow additional work sessions, engineering input, and legal review. The motion carried on voice vote.
The record shows the board accepted continuation rather than adopting the Article 11 changes at this meeting. Staff said it will arrange follow-up technical meetings (including with Public Health and water staff) and consult legal counsel experienced in water law before returning a revised draft.
