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Dolores County sends state septic regulation to Board of Health for review
Summary
On March 2, 2026 the Dolores County Board of County Commissioners voted to send the county's proposed adoption of state Regulation 43 (on-site wastewater treatment systems) to the county Board of Health and to transmit the draft to the state for review ahead of a public hearing.
On March 2, 2026 the Dolores County Board of County Commissioners moved to transmit the county's proposed adoption of state Regulation 43, the state rule governing on-site wastewater treatment systems (OWTS), to the county Board of Health and to the Colorado agency that oversees Regulation 43 for review and scheduling of a public hearing.
Staff summarized the change and recommended the procedural step. The staff member explained that "Regulation 43 is the septic regulations on-site wastewater treatment systems...every four years approximately the state revises regulation 43" and said the county's proposed adoption largely mirrors the state text. The staff member asked the board to authorize county staff to send the proposed regulation to the state for review; if the state approves, the county will set a public hearing for formal adoption.
A commissioner moved to send the draft to the state; the motion was acted on in the board's Board of Health session. According to the record, when the board voted on the transmission action two commissioners voted in favor; the transcript records that "Only two of them" voted yes and does not show how others voted. The transcript also shows the staff member confirming they would transmit the packet to the state and get the item on the calendar for a hearing.
Why it matters: Regulation 43 sets statewide standards for where septic systems can be placed and how they are sized and operated. Counties must align local rules with the state text and follow state review procedures before formal local adoption. The county's decision starts the formal review process but is not the final adoption; a public hearing will be scheduled if the state approves the county's proposed adoption.
Next steps: County staff will transmit the proposed Regulation 43 adoption to the state for review; if the state returns approval the county will notify the public and set a public hearing for formal adoption. The board recessed later in the meeting while awaiting another member to arrive.
