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Board to seek hearing on irrigation-well setback rule; considers replacing 50-foot lot-line rule with system-based setback
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Summary
The board discussed removing a 50-foot setback for irrigation wells from lot lines and instead maintaining a minimum distance from existing or abandoned septic systems, or allowing 10-foot setback with subsurface irrigation in sewered areas. Members agreed to draft proposed language and schedule a regulation amendment hearing at a future meeting.
The Board of Health agreed to pursue a regulation amendment that would modify the town's 50-foot setback requirement for irrigation wells.
Staff noted that the 50-foot requirement historically aimed to prevent "spite wells" placed on lot corners to block neighboring development. Staff suggested the rule could be streamlined by requiring a minimum lateral distance from an existing or abandoned septic system rather than from the lot line. "My one suggestion is you really don't need the 50 feet because you already have that caveat in the regulation," staff said, urging the board to consider striking the lot-line provision and instead require a 50-foot minimum from the nearest septic system or a 10-foot setback with subsurface irrigation in sewered areas.
Members raised practical questions about upgradient/downgradient placement, potential mounding, and whether subsurface drip dispersal is feasible; staff said that subsurface irrigation is technically feasible and that meters or mass-balance approaches may be useful for system approvals. The board also noted private irrigation wells remain subject to state and town water-use restrictions during drought.
Board members asked staff to prepare proposed amendments and materials for a public hearing at the next board meeting; staff indicated the change would require a public hearing and notification to local well drillers as part of the Title 5/regulatory process. A target hearing date was discussed for the board's next regular meeting.
