Dolores County commissioners authorize staff to send Regulation 43 (septic/OWTS) to state for review

DOLORES COUNTY — The Dolores County Board of County Commissioners on March 2 authorized county staff to send a proposed adoption of Regulation 43, the state on‑site wastewater treatment systems (OWTS) rule, to the Colorado regulatory authority for review and to schedule a public hearing if the state finds the draft acceptable.

The board convened briefly as the Board of Health to discuss the item. A county staff member told commissioners that the state typically revises Regulation 43 about every four years and that Dolores County’s draft largely reflects the state language. “So what we do is we adopt Regulation 43 in its entirety, the state regulation,” the staff member said, explaining that the board’s vote would only authorize transmission to the state for review and was not a final adoption.

The staff presentation noted Julie Kybo participated in state meetings on the proposed changes and that the county’s checkbox choices on local options (for example, privies) remain largely unchanged. The staff member asked the board to “send those up to the state” so the state can review the county’s proposed adoption and the county can then set a public hearing for formal adoption.

Commissioners approved the motion to forward the draft to the state by voice vote. Earlier in the meeting, the board also approved the meeting agenda, expenditures and minutes for Feb. 2, 9, 17 and 23, 2026 by voice vote.

Votes at a glance • Motion to approve March 2, 2026 agenda: approved by voice vote. • Motion to approve expenditures: approved by voice vote. • Motion to approve minutes (Feb. 2, 9, 17, 23, 2026): approved by voice vote. • Motion to authorize staff to submit proposed Regulation 43 adoption to the state for review and schedule a public hearing if accepted: approved by voice vote (board noted that only two members were present for part of the Board of Health portion of the meeting).

What the action means The vote authorized staff to transmit Dolores County’s proposed Regulation 43 adoption to the state for technical and procedural review. If the state does not object, the county will place the item on a public hearing agenda for formal adoption; commissioners emphasized the current action was a procedural transmission, not a final regulatory adoption.

Background Regulation 43 governs on‑site wastewater treatment systems — commonly called septic systems — including where systems may be sited and design and size requirements. The staff presentation said the state revises the regulation roughly every four years; Dolores County’s draft does not make significant local changes but must be formally readopted to remain consistent with the state.

Next steps County staff will transmit the draft to the state as authorized. If the state approves, the county will schedule a public hearing for formal consideration and adoption. The board recessed the meeting briefly to await the arrival of another commissioner before resuming additional business.