County staff preview CDPHE Reg 43 changes as board weighs allowing composting and incinerating toilets with inspection requirements

County land use staff reviewed proposed updates to Colorado Department of Public Health and Environment (CDPHE) Regulation 43 — the statewide standards governing on‑site wastewater treatment systems (OWTS) — and told commissioners the state-mandated package must be adopted locally by June 15, 2026. "The current regulations we're looking at today were adopted by the state with an effective date of June 15, and we have until 06/15/2026 to adopt the regulations," staff explained.

The packet includes a 115‑page document of mostly mandatory changes and an Exhibit A table of local opt‑in choices, staff said. One opt‑in the land use team proposed would allow composting and incinerating toilets in the county's High Alpine overlay zone, with the explicit caveat that those devices not be used to justify reductions in required OWTS sizing unless paired with additional safeguards. "Post incinerating toilets do not reduce the size of the OWTS," staff said when relaying CDPHE guidance, adding staff confirmed with the department that standalone composting or incinerating toilets that carry no wastewater are not subject to CDPHE oversight.

Commissioners pressed staff for practical details and potential tradeoffs. The chair asked whether the CDPHE position means property owners must still install a full engineered septic system or merely reserve leach‑field area; staff answered, "You have to install a full blown OWTS. It has to full blown engineered leach field, has to be installed." Commissioners and participants noted that in fragile high‑alpine soils a full leach field can be particularly disruptive, and that many composting or incinerating toilets require electricity or heating above roughly 8,000–10,000 feet to operate reliably.

Board members discussed policy levers to reduce environmental impacts while managing public‑health risks: allowing reduced soil‑treatment areas tied to an annual use permit and third‑party inspection; requiring engineering on the front end in sensitive overlay zones; or handling long‑term camping and temporary structures under a separate permitting route. Staff said that allowing reductions in soil treatment area would trigger annual inspections and a use‑permit renewal process: "If we do allow, that triggers the annual inspections, the use permits," staff explained.

The board considered which local controls to adopt in the ordinance versus in separate code (for example, long‑term camping permits) and compared neighboring counties' approaches, including peer‑review requirements where shallow bedrock reduces vertical separation. Staff noted the new Regulation 43 requires annual OWTS inspections by a certified OWTS inspector and that certified contractors already operate in the region.

Commissioners also asked about variances and vault privies. Staff reiterated variances would be handled by the Board of Health and said they would confirm the ordinance language to ensure a variance path exists for legitimate public uses (for example, park or campground facilities). The board directed staff to continue refining the draft and return for another work session before scheduling a public hearing and first reading.

The county's next steps are procedural: staff will adjust the draft ordinance language to reflect the board's direction (zones where alternatives may be allowed, inspection and engineer‑stamp requirements, variance pathways), verify the state's final sign‑off process, and bring the revised packet back to the board for further review ahead of a public hearing.

Ending: The board agreed the draft is not ready for first reading and asked staff to bring refinements and clarifications to a follow‑up work session before moving the ordinance to a public hearing and formal adoption.