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Staff warn proposed statewide septic code could impose large costs and erode local control

February 07, 2024 | Ottawa County, Michigan


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Staff warn proposed statewide septic code could impose large costs and erode local control
County public‑health staff and the county administrator updated the Planning & Policy Committee on a proposed statewide sanitary code that would change inspection and permitting for on‑site septic systems.

Administrator Gibbs introduced Addie Hamley, who said the current draft removes a blanket pumping requirement but still raises major concerns about cost and implementation. Using Ottawa County’s records and the county’s long‑standing time‑of‑sale program, staff estimated the county has about 50,000 on‑site systems; under the draft’s five‑year inspection cycle that would equate to roughly 12,500 inspections annually. "We're estimating that we have about 50,000 on‑site sewage treatment systems... with this legislation, we would have to do an inspection of those systems every five years," Addie said, and warned annual costs to residents and counties could range from $2.5 million to $10 million.

Staff noted the bill’s language would shift many inspection duties to registered private evaluators and make counties the reviewer/auditor of those reports rather than primary inspectors. Addie warned the legislation lacks concrete funding figures and implements penalties for noncompliance that could include liens and fines up to $15,000. Staff also said adopting an unknown statewide code could render a significant share of local building permits ineligible if a uniform two‑foot separation to seasonal high water table were required statewide; they estimated up to 30% of permits might be affected in Ottawa County under such a standard.

Commissioners questioned the bill’s likelihood of passage and urged staff to track work group meetings; staff said there is an upcoming work group with Representative Skaggs and EGLE. Several commissioners called the proposal an unfunded mandate and expressed concern about shifting costs to homeowners and counties.

Why it matters: adopting a statewide sanitary code would directly affect homeowners, rural development and county permitting processes; staff estimates substantial administrative and homeowner costs, potential property impacts, and legal/enforcement questions if statewide standards displace existing county programs such as the time‑of‑sale inspections Ottawa County has conducted since 1984.

What comes next: staff said they will circulate an updated memo to commissioners, monitor the state work group and coordinate with county staff attending the stakeholder discussions.

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