Q: We are in the process of purchasing a home and during the inspection received a copy of the latest septic system inspection report. The home has passed the Title V inspection because it was previously compliant under older zoning setback laws and clearance from the well to septic. But the report states that “When the current septic system is eventually replaced, it will have to comply with Title V, including the required setbacks…There would be significant cost for the owner to comply with current standards.” See attached diagram.
If the septic needs to be replaced, I believe it will it will need to be moved to comply with new setback regulations. Is there a minimum lot size for a new septic system? What if I don’t own enough land or moving it would require blasting? Should I not buy this house?? Help! — Steven K.
A: Most local building codes require that new work, whether it’s the septic system, plumbing, or electrical, be brought up to current code. But it is not always 100% possible to do so, so allowances are made.
The septic system code in Mass. is called Title V, but most states and towns have similar laws. A full septic system inspection is required in Mass. when selling a home or doing major remodels. If the system fails the inspection, it must be brought up to current code, before the property can be sold or issued a building permit.
Many homes and lots that pre-date the Title V law, passed in 1995, were grandfathered in because it was not possible to meet the stringent requirements of Title V. The requirement that your septic system must be at least 100 ft. away from any wells (your own or your neighbors) was particularly difficult to meet on small lots. Property setbacks were also difficult to meet with drain fields. So zoning variances were often granted to allow for reduced clearances.
Most modern septic system designs include both a primary drain field and a designated area for the replacement field, to be used if and when first drain field fails. Since septic systems do not last forever, the day will come when you will need a new drain field and it will need to comply with current regulations. So your concerns are valid.
I’ve worked a lot in Mass. and have never seen anyone thrown off their land because it did not meet Title V. What I have seen is people forced to spend a lot of money to bring their aging septic systems (or cell pools) up to modern code, or as close as possible to code, when selling or remodeling.
I don’t know what the solution might be in your case. Title V is a big, complex law, enforced at the municipal level, with variations in how it is interpreted and enforced. Towns are allowed to be more stringent than Title V, but not less. The same principle applies to most state and national building codes.
Sometimes, the town lets you put the “replacement” field in the exact same location as the current drain field. This is messy and more expensive than using new undisturbed soil, but it may be an option. Also, the property line setbacks and 100 ft. clearance between wells and septic systems may be impossible to meet on your lot. It’s up to town to determine, with the input of a licensed septic system designer, what adjustments are allowed. It’s possible that a costly alternative septic system will be required.
If you have an official Title V Passing Certificate in hand, I wouldn’t be overly concerned for the near term. You should not need to replace up update your system until it fails or you plan to sell or do major remodel. The current certificate should be valid for 2-3 years.
However, septic systems do not last forever, so it is smart to look ahead. Replacing the system could require a zoning variance and there is never a guarantee that a variance will be granted. So there is some risk involved.
To limit your risk, I strongly recommend meeting with the local health department, or whoever regulates septic systems in your town, to discuss your concerns. If at all possible, get an official to put their opinion in writing, since it may be years before you need to upgrade your system. By then, personnel change and memories fade. – Steve Bliss, BuildingAdvisor.com
See Also:
Are Alternative Systems Allowed?
Chamber System Failure
How Much Slope For Septic Line?
Inspecting a Septic System
Lifespan of Septic System’
Minimum Lot Size For Septic System
Perc Test Cost
Perc Test: Best Time of Year?
Replacing Failed Drain Field in Same Location
Retesting a Site That Failed to Perc
Sand Filter for Existing System
Testing an Existing Septic System
Testing for a New Septic System
Wet Sites, Septic Systems For
Who Performs Perc Test?
View all SEPTIC SYSTEM articles
Ken W. says
Need New Drain Field, But Too Close to Water
I have a piece of property that has an old failed septic system but my major issue is that I don’t have 100 feet from creek, at best I have 75ft. even with the adjacent merged lot do not give me the additional setbacks from creek. Their are many system that are out there but I don’t see any that address setback issues for the leach fields. Can you steer me in the wright direction to meet my needs?
buildingadvisor says
In general, leach fields must be at least 100 feet from water wells, rivers, lakes, or larger bodies of waters. Clearances to small ponds and streams ranges from 50 to 100 feet depending on the jurisdiction, and also depends on what the town considers a stream or pond vs. river or lake.
So the first thing to do is check with your local health or environmental department to see what the rules are in your area. Also ask what strategies they allow for reducing the size of the leach field? Also ask about grandfathering rules, and whether you can place the new drain field in the same location as the existing failed one.
On small lots that cannot meet modern code, your existing system may be “grandfathered” as long as it complied with the code at the time it was built. Even if it was never permitted, you may be able to obtain a variance allowing you some flexibility with setbacks. Getting a variance may be easy, difficult, or impossible – a good real-estate lawyer in your local area can advise.
If the town/county is requiring you comply with current code, you may be able to employ one or another of these strategies:
Another good resource is a seasoned septic systems designer or installer in your area who is familiar the local soils, rules, and officials. They can often be the best resource for finding out what options are worth pursuing.
Read more on Alternative Septic Systems
Wendy says
County Says Land Is Unbuildable Due To Septic System Setbacks
I purchased a piece of property on a lake with two tiny homes and a current 1000 gallon septic tank that had just been installed. I am now being told by the health department that it does not meet the requirements of 100 ft setback from a culvert or lake outlet that runs on my property. We have a permitted well but I knew when I purchased the home that the septic system although was working was not permitted by the previous owners. When I went to get it permitted, I was told by a designer with Snohomish County in Washington that unless I obtained some sort of easement from a neighbor I was unable to have a septic system even though I bought the property with the septic fully functioning. The health department is now requiring me to pull all the plumbing in both homes and I am at a loss. I’m not sure what to do because the previous owners did not get a permit but told me it was a permittable septic system. Now what do I do?
buildingadvisor says
Sorry to hear about your situation. Never good to hear that your septic system is out of compliance with local regulations.
Clearly, you should have made your offer to purchase the lot contingent on obtaining approval for the septic system. Relying on the seller’s assurance that the system was “permittable” or any similar claim is never a good idea. Of course, 20-20 hindsight doesn’t do you much good at this point.
Looking forward, you may find it helpful to hire an experienced real estate lawyer to help you negotiate with the county health department and zoning officials. A lawyer may also be able to help you apply for a variance to reduce the setback requirement, or to approach the neighbor about granting the necessary easement. In addition, they may be able to get the county to back off on the plumbing demands while you explore the full range of options. As a last resort, you may be able to install a holding tank that will need frequent pumping or look into technologies such as waterless composting toilets combined with graywater recycling.
If the health department is unmovable in its denial of a septic system permit and no alternatives are feasible, then you cannot use the existing homes or build on the lot. An unbuildable lot may still be used for recreation, agriculture, and possibly a parking spot for a camper or mobile home. If you need to sell the land as an unbuildable lot, then you will most likely take a significant loss. An abutter may be interested in buying the land to enlarge and buffer their own parcel. You’ll also have a capital loss to declare on your taxes – all in all a costly lesson in the questions to ask when evaluating a building lot.