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County adopts county‑level septic rule changes but defers soil‑treatment reductions tied to transfer‑of‑title program
Summary
San Miguel County adopted Appendix A to state Regulation 43 to retain local authority over specific septic provisions while declining to adopt measures that would reduce soil treatment areas unless the county first implements a transfer‑of‑title program; staff said the transfer program would require new administrative capacity.
San Miguel County commissioners adopted updates to their county on‑site wastewater (septic) regulations on May 20, accepting provisions that the Colorado Department of Public Health and Environment (CDPHE) cleared and deferring items tied to an undeveloped transfer‑of‑title program.
Environmental health specialist Kevin Changi (Ken) briefed the board on the regulation package submitted to CDPHE for review. Changi said the state review produced only administrative comments, but that CDPHE made clear the county may not adopt a provision that reduces the soil treatment area for alternative wastewater systems (composting, incinerating or chemical toilets) unless the county first establishes a transfer‑of‑title program that preserves a record of a system’s continued usability.
Changi said developing a transfer‑of‑title program would be a substantial administrative lift requiring additional staff capacity — he estimated the need for about 0.5 FTE to manage transfers — and staff therefore recommended adopting the provisions that do not depend on such a program and postponing the soil‑treatment‑area reductions and licensure/continued‑use permit items tied to transfer of title.
Commissioners asked whether alternative systems would still be allowed; Changi said the county will continue to permit alternative systems but cannot reduce the required leach‑field footprint without the transfer program in place. He noted the county had not, in practice, permitted many alternative systems during his tenure and that the cost and footprint of alternatives often remain barriers.
The board voted to adopt the recommended Appendix A provisions and directed staff to return with additional analysis if the board wishes to pursue establishing a transfer‑of‑title program in the future.
