Douglas County board restores transfer‑of‑title septic inspections, adopts Regulation 2601 as amended

The Douglas County Board of Health on an evening vote amended and adopted updated Regulation 2601 governing on‑site wastewater treatment systems, restoring a requirement that systems be inspected by a licensed systems inspector prior to most covered property transactions.

Skyler, a health department staff member presenting the proposal, told the board the state Water Quality Commission changed the statewide rules and gave counties gaps to tailor in local regulation. “The water quality commission last year changed a lot of the regulations at the state level and they gave us a year to come up with our own local addition of those regulations,” Skyler said.

The proposed local changes would license system maintenance providers and third‑party inspectors, formalize operations and maintenance programs, and (as originally drafted) end the county’s transfer‑of‑title inspection program. That draft language drew substantial pushback during public comment from industry professionals who urged the board to keep or strengthen the transfer‑of‑title requirement.

Kim Cythe, who identified herself as the owner of a septic pumping and inspection service and an education coordinator with the National Association of Wastewater Technicians, said the transfer‑of‑title process protects buyers and the public. “I am an advocate of the transfer of title use permit program,” she said, warning that buyers can face “tens of thousands of dollars” to repair failing systems if an inspection is skipped.

Soil‑system designers and contractors echoed that view. Steve Compton, a CPAL‑certified soil technician and OWTS designer, told the board that two failing systems he inspected that day had been discovered because of transfer‑of‑title inspections and said the program helps protect groundwater and public health. Scott Kellogg of Douglas County Septic said his team finds malfunctioning systems in a large share of inspections and credited the program with forcing sellers to address defects before sale.

Board members debated what the transcript and staff described as a largely binary choice under the state framework: either retain the seller’s inspection requirement or remove it and rely on buyer‑initiated due diligence. Counsel and staff explained enforcement options, but said blocking a deed transfer outright could raise legal complexity and would require additional research.

After discussion, a board member moved to amend section 26.9 to require a licensed systems inspector to determine that an OWTS is functioning according to design prior to a covered transaction (with stated exemptions retained under section 26.15.G). The amendment passed on a voice vote. The board then approved Regulation 2601 as amended.

The board also directed the health department to return after 12 months with data and an assessment of how the amended transfer‑of‑title requirement is functioning, so the board can reconsider the policy if warranted.

The vote closes a policy debate that centered on consumer protection, inspector qualifications and the county’s practical authority to enforce repairs prior to sale. Skyler told the board the amended regulation will include licensing, mandatory training and continuing education for inspectors and maintenance providers to help “weed out” poorly performing inspectors.

The board’s action applies to the Douglas County Health Department’s Regulation 2601 (on‑site wastewater treatment systems) as amended; certain covered transactions and exemptions are listed in section 26.15.G of the regulation.