Well & septic permits targeted in floodplain by the Board of Health
After July 1, 2010, those who own land in Morgan County's 100-year floodplain won't be able to get a new well or septic permit for their property.
That rule was approved 3-0 at the December 2 meeting of the Morgan County Board of Health, following an hour-long public hearing.
The Board of Health oversees the Morgan County Health Department, which issues well and septic permits in the county.
Members of the board include Sandy Bienen, Lynn Hall-Perry, Margie Allgyer and Louise Spring. Spring was absent from the December 2 meeting.
Trouble in floods
Health department administrator Lee Fowler said the board has the authority to pass regulations that affect public health, and cited recommendations by the Federal Emergency Management Agency (FEMA) to keep water wells and septic systems out of flood-prone areas where possible.
"Septic systems do not work when flooded," Fowler said.
When the ground is saturated from excessive rainfall or a flood, it cannot absorb the effluent from a septic system. Liquids that enter a personal septic system in that case are carried away in floodwaters, which can contaminate water wells or groundwater, Fowler explained.
FEMA defines the 100-year floodplain as the area in the county where there is a 1% chance of a flood being "equaled or exceeded in a given year."
Fowler said the rule also was a way to "give support" to the Morgan County Planning Commission.
In their 2008 Subdivision Ordinance, that board "strongly discouraged" homeowners and developers from putting a well or septic in the floodplain.
For & against
Public comment at the Tuesday hearing was almost evenly divided between those who see the new regulation as a blow to property rights and those who favored it as a way to protect water quality and public health.
Delegate Daryl Cowles voiced his opposition to the restriction, calling it unfair to property owners. He also said it might increase pollution because people would use port-a-johns and temporary structures along the river, and those might get swept off in a flood.
Commissioner Tommy Swaim said he was against the rule, but he might have supported the restriction if it had been limited to the 50-year floodplain.
Rob Campbell called the restriction an "unlawful taking" of land rights. Tim Seims accused the county of trying to make people move away from the rivers.
Speaking in favor of the regulation were Commissioner Brenda Hutchinson, Barbara Tutor and Kate Lehman. All three emphasized the restriction as a way to protect the quality of drinking water. Tutor and Lehman also said the rule would lessen the impact of development on local land and waterways, and even on regional waters like the Chesapeake Bay.
Current permits still valid
Landowners that already have a well or septic permit for their waterfront property can continue to renew those permits until construction on a water well or septic system begins, said Health Department head Lee Fowler.
"If you look at the county's tax maps, the vast majority of that land is already permitted," Fowler said.
"There is a need to protect this unspoiled land," he said.
Fowler pointed out that the new regulation includes an appeal process, under which landowners can ask the Health Department to take a second look at their well or septic permit request.
"Every single case has to be treated individually," Fowler said.
Board member Sandy Bienen commented on his support of the rule after the vote.
"I have struggled a lot with the comment that it's unfair to some property owners, but I've come to the conclusion that there's no regulation that doesn't burden someone more than others. If we went with that logic, we wouldn't do anything," he said.
"I think we have to start someplace," said Bienen.
A copy of the regulation is available for review at the Morgan County Health Department. It goes into effect on July 1, 2010.
