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Dolores County commissioners weigh adopting state Regulation 43, cite enforcement and cost concerns
Summary
Commissioners discussed whether to adopt the state's Regulation 43 (septic and wildfire resiliency rules), expressing concerns about enforcement capacity, unfunded mandates, inspection burdens on property transfers and unclear insurance effects; several urged waiting and observing other counties after April.
Dolores County commissioners spent an extended portion of their Feb. 2 meeting discussing whether to adopt the state's Regulation 43, which addresses onsite wastewater (septic) requirements and wildfire-resilient building measures.
Speakers warned that many counties lack the staffing and permitting infrastructure to enforce the code. One commissioner said the measure could become an unfunded mandate because enforcement responsibilities and associated costs are not matched by state funding.
"Adopt the code and not have a way to even enforce it," a commissioner said, arguing that adoption without enforcement capacity could leave the county exposed to confusion and potential litigation.
Commissioners debated whether mandatory septic inspection on property transfers (a provision discussed in the regulation) would be a useful public-health step or an onerous burden for sellers and buyers in a county with many older systems. Some commissioners noted the inspection usually looks only for operational function and not deep structural integrity, and that repairs could cost thousands for sellers.
Other concerns included whether homeowners who retrofit mitigation measures would see insurance benefits; participants said insurance companies appear to be developing independent systems and may not lower premiums based solely on code adoption. Commissioners suggested watching what larger counties decide after April and seeking clarity on state enforcement resources before committing locally.
No formal motion or vote to adopt Regulation 43 was recorded in the transcript; commissioners indicated the topic will be revisited and that staff will look up adoption procedures and possible inspection/transfer requirements.
