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Lawrence County adopts updated on-site wastewater regulation with limited local options
Summary
Lawrence County commissioners adopted Resolution O4-26-02 to accept the state's updated Regulation 43 for on-site wastewater treatment systems, keeping the county's prior choice not to require title-transfer inspections and continuing case-by-case dwelling determinations for RVs and nontraditional housing.
Lawrence County commissioners, acting as the Board of Health, voted to adopt Resolution O4-26-02 to incorporate the state's updated Regulation 43 on on-site wastewater treatment systems (OWTS) and the associated Appendix A options.
Staff explained the resolution adopts Regulation 43 by reference and includes an appendix of optional checkbox items the county can choose to adopt. The board noted that in prior updates it elected not to require title-transfer inspections and that the county's current approach continues to require applicants to hire an engineer for OWTS work. A commissioner raised concerns that the state materials did not clearly define what constitutes a dwelling in marginal cases such as an RV on blocks; staff said the county will continue to handle such situations on a case-by-case basis.
The chair opened the hearing for public comment and set a five-minute limit per speaker; no members of the public spoke. A motion to adopt Resolution O4-26-02 was made, seconded and approved by voice vote. Staff noted the regulations are effective by statute 45 days from the adoption date and instructed staff to collect signatures and submit the adopted resolution to the state.
The board's action preserves the county's prior local choices from the Appendix A options and retains the engineer-hire requirement for applicants. The adoption places the state's updated technical and procedural standards into local practice 45 days after the adoption date.
