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Board approves reduced setback so failing septic can be replaced and expanded

Clay County Board of Adjustment · July 22, 2026
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Summary

Contractor Jeremy Clark told the board the existing tank is failing and a reduced ordinary‑high‑water setback (to 125 feet) is needed to replace the system and add drain‑field lines for two additional bedrooms; environmental health supported replacement, and the board approved the variance with 11 staff conditions.

The Clay County Board of Adjustment approved a variance allowing a reduced setback to the ordinary high‑water level so a failing septic system can be replaced and expanded to meet the home’s bedroom count.

Planning staff member Matt explained that environmental health supports a replacement approach given on‑site constraints created by a nearby ring dike and floodway, and that the request would reduce the current setback from about 175 feet to 125 feet to allow additional drain‑field laterals. Contractor Jeremy Clark said the existing concrete tank is deteriorated “to the point where it's considered under the MPCA as an imminent public‑health threat,” and that a replacement plus roughly 200 linear feet of additional drain field is needed to accommodate two extra bedrooms.

The board reviewed findings of fact against the Clay County Land Development Code, discussed conditions (including reconstruction of a nonconforming SSTS and required permits), and approved the variance with staff’s conditions. The approval was limited to the lot with the width reduction and required all applicable permits, inspections, and fees be obtained before further work.