Board accepts petition to review onsite-sewage setbacks, directs CR-101 rulemaking

The State Board of Health voted unanimously on Jan. 14 to accept a petition seeking clarifications and corrections to on‑site sewage system setback requirements after recent rule edits unintentionally expanded certain surface-water setbacks from 100 feet to 200 feet.

Board Member Peter Browning, staff member Shay Bauman, and Department staffer Jeremy Simmons presented the petition, explaining that the change had the practical effect of making some lots—particularly along the Pend Oreille River—unbuildable because the revised language applied the larger setback to all surface water rather than to particular withdrawal points. Shay Bauman told the Board staff recommended accepting the petition and filing a CR‑101 (preproposal of inquiry) to evaluate the issue and possible rule changes.

Member Steve Kutz asked technical questions about distinguishing different water bodies and whether high‑tech on‑site treatment or waivers are appropriate. Jeremy Simmons explained that the rule measures distance from the ordinary high‑water mark and that local jurisdictions determine high‑water marks and groundwater indicators through test pits and other field measures; he also noted local health jurisdictions can and do issue waivers and sometimes allow advanced technologies.

"The petition seeks to correct unintended consequences that have created implementation challenges for local jurisdictions," staff said. The Board directed staff to notify the petitioner and to file a CR‑101 to begin rulemaking, with the motion moved by Member Ellsworth and seconded by Member Browning and approved unanimously.

Staff will conduct further evaluation, engage local health jurisdictions, and report back as the CR‑101 process proceeds.