{"verifiedOn":"2026-10-09","laws":[{"code":"AL","name":"Alabama","agencyShort":"the Alabama Department of Public Health","regulator":{"agency":"Alabama Department of Public Health (State Committee of Public Health rules); county health departments (LHDs) issue permits and approvals for use","agencyUrl":"https://www.alabamapublichealth.gov/onsite/","permitIssuer":"county-health","whoToCall":"Your county health department's environmental health office."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"Alabama has no statewide septic inspection at sale and no mandatory seller disclosure form; it is a caveat emptor (buyer beware) state.","citation":"Ala. Admin. Code ch. 420-3-1 (Onsite Sewage Treatment and Disposal, rev. eff. 2/13/2023) checked: no transfer-inspection trigger; seller disclosure: none by statute (caveat emptor; Ala. Code §6-5-102 fraud exceptions; licensee duty Ala. Code §34-27-36)","url":"https://admincode.legislature.state.al.us/api/chapter/420-3-1","quote":"","secondSource":"https://www.alabamarealtors.com/posts/2017/10/31/a-note-from-the-legal-helpdesk-caveat-emptor-for-the-sellers-agent","recheck":null},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No seller disclosure statute; caveat emptor for used residential property (Ala. Code §6-5-102 fraud exceptions; Moore v. Prudential Residential Servs., 849 So. 2d 914 (Ala. 2002)); licensees must disclose known latent defects (Ala. Code §34-27-36)","url":"https://www.alabamarealtors.com/posts/2017/10/31/a-note-from-the-legal-helpdesk-caveat-emptor-for-the-sellers-agent"},"pumping":{"class":"none","short":"No routine pumping or inspection schedule for ordinary homes. Performance permits (advanced/engineered systems) may carry case-by-case maintenance and monitoring conditions.","citation":"Ala. Admin. Code r. 420-3-1-.15(4) (Performance Permits)","url":"https://admincode.legislature.state.al.us/api/chapter/420-3-1","quote":"A Performance Permit is an authorization to operate and may contain construction and maintenance requirements, monitoring requirements, reporting requirements, and other requirements as necessary."},"changes":[{"date":"2023-04-25","status":"in-force","title":"Sunset bill continues the Alabama Onsite Wastewater Board (installer/pumper licensing)","citation":"Ala. HB194 (2023 Reg. Sess.), enacted","url":"https://legiscan.com/AL/bill/HB194/2023"},{"date":"2023-02-13","status":"in-force","title":"Chapter 420-3-1 onsite sewage rules repealed and replaced (new rule set)","citation":"Ala. Admin. Code ch. 420-3-1, Repealed and New Rule published Dec 30, 2022; effective Feb 13, 2023","url":"https://admincode.legislature.state.al.us/api/chapter/420-3-1"}],"changesNote":"Checked ADPH onsite page (updated 6/11/2026; only news is a repair-verification protocol), Ala. Admin. Code ch. 420-3-1 history (latest rewrite eff. 2/13/2023), web search for 2025-2026 Alabama septic bills (none found).","notes":[],"unverified":[],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"AK","name":"Alaska","agencyShort":"the Alaska Department of Environmental Conservation","regulator":{"agency":"Alaska Department of Environmental Conservation (DEC); systems documented to DEC (18 AAC 72.550/.560) or DEC plan approval where required under 18 AAC 72.515","agencyUrl":"https://septic.alaska.gov/","permitIssuer":"state","whoToCall":"Alaska DEC's Engineering Support and Plan Review office; inside the Municipality of Anchorage, its On-Site Water & Wastewater Section."},"sale":{"class":"disclosure","effective":null,"window":"before the buyer makes a written offer","whoPerforms":"Seller (disclosure form); in the Municipality of Anchorage a registered engineer certifies on-site systems for a COSA before title transfer (local ordinance AMC 15.65.060)","short":"No statewide septic inspection at sale, but the mandatory seller disclosure form asks about the sewer/septic system. Anchorage separately requires an engineer's certificate (COSA) before title transfer.","citation":"AS 34.70.010-.200; Residential Real Property Transfer Disclosure Statement form 08-4229 (Rev. 05/2024), Sewer System section; 18 AAC 72 checked (no transfer trigger). Local: Anchorage Municipal Code 15.65.060 (COSA)","url":"https://www.commerce.alaska.gov/web/Portals/5/pub/rec4229.pdf","quote":"AS 34.70.010 requires that before a Transferee/Buyer (hereafter referred to as Buyer) makes a written offer of residential real property, the Transferor/Seller (hereafter referred to as Seller) must deliver a completed written disclosure form.","secondSource":"https://www.muni.org/Departments/OCPD/development-services/wells-septic/Documents/COSA%20Guidelines_2025.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"AS 34.70.010 (waivable by written agreement, AS 34.70.110; first sale of never-occupied home exempt, AS 34.70.120); form 08-4229 asks 'Has the sewer system failed while you owned the property?' and type (septic tank, holding tank, drain field)","url":"https://www.commerce.alaska.gov/web/Portals/5/pub/rec4229.pdf"},"pumping":{"class":"conditional","short":"No pumping schedule for ordinary septic systems. Owners of alternative (advanced) systems must sign an agreement to operate and maintain per the O&M manual; DEC may require periodic testing and reports.","citation":"18 AAC 72.615(f)-(g) (eff. 10/1/2023)","url":"https://www.law.cornell.edu/regulations/alaska/18-AAC-72.615","quote":"The department may require periodic testing, monitoring, and reports"},"changes":[{"date":"2023-10-01","status":"in-force","title":"18 AAC 72 wastewater rules rewritten: reorganized chapter, larger minimum tanks, expanded permit-by-rule","citation":"18 AAC 72, Register 247 (eff. Oct 1, 2023)","url":"https://dec.alaska.gov/water/wastewater/engineering/2022-regulation-updates"}],"changesNote":"Checked DEC 2022-2023 regulation update page, Cornell LII history notes (eff. 10/1/2023), and web search for 2024-2026 18 AAC 72 amendments or Alaska septic bills (none found).","notes":[],"unverified":[],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"AZ","name":"Arizona","agencyShort":"ADEQ or your county","regulator":{"agency":"Arizona Department of Environmental Quality (ADEQ) Aquifer Protection Permit (Type 4.02 general permit) program; ADEQ has delegated OWTF permitting to all 15 counties, which issue permits on its behalf (A.R.S. 49-107)","agencyUrl":"https://azdeq.gov/onsitewastewater","permitIssuer":"county-health","whoToCall":"Your county environmental services or health department (delegated by ADEQ)."},"sale":{"class":"required","effective":"2002-01-01","window":"within 6 months before the property transfer","whoPerforms":"Inspector with an ADEQ-recognized training certificate who is also a registered engineer, sanitarian, licensed pumper, licensed contractor (B-4/C-41 etc.) or certified operator; buyer files the Notice of Transfer","short":"The seller must hire a qualified inspector within 6 months before transfer; the tank is pumped and the report goes to the buyer.","citation":"Ariz. Admin. Code R18-9-A316(B)-(E)","url":"https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R18-9-A316","quote":"Within six months before the date of property transfer, the person who is transferring a property served by an on-site wastewater treatment facility shall retain an inspector to perform a transfer of ownership inspection","secondSource":"https://www.azleg.gov/ars/33/00422.htm","recheck":{"url":"https://www.pima.gov/471/Transfer-of-Property-Septic-Inspection","citation":"Pima County Dept. of Environmental Quality, Transfer of Property Septic Inspection (implementing A.A.C. Title 18 Ch. 9 APP rules)","quote":"any person selling or otherwise transferring ownership of a property served by an on-site wastewater treatment facility must retain a qualified Inspector to inspect the facility within six months before the property transfer","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"azdeq.gov and apps.azsos.gov returned 403; second source is a county agency page that applies the statewide ADEQ rule. Consistent with R18-9-A316."}},"disclosure":{"mandatory":false,"asksAboutSeptic":true,"citation":"No statewide mandatory residential disclosure form (the AAR SPDS is a realtor form). A.R.S. §33-422 requires a seller's affidavit of disclosure, which asks about the on-site wastewater facility, only for 5 or fewer unsubdivided parcels in unincorporated county areas.","url":"https://www.azleg.gov/ars/33/00422.htm"},"pumping":{"class":"none","short":"No pumping schedule. Owners must carry out the general permit's and manufacturer's O&M tasks (pumping residues, cleaning filters), with no fixed interval in the rule.","citation":"Ariz. Admin. Code R18-9-A313(B)","url":"https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R18-9-A313","quote":"In addition to operation and maintenance requirements in the general permit or specified in the operation and maintenance manual, the permittee shall ensure that the following tasks are performed, as applicable"},"changes":[{"date":"2025","status":"in-force","title":"ADEQ must issue a general permit for septic tank effluent pump/gravity collection systems by Jan 1, 2026","citation":"Laws 2025, Ch. 26 (HB 2232), A.R.S. Title 49","url":"https://www.azleg.gov/legtext/57leg/1R/summary/H.HB2232_040125_SIGNED.DOCX.htm"},{"date":"2023-06-19","status":"in-force","title":"ADEQ limited OWTF rule update (Phase I technical fixes, e.g. cesspool definition)","citation":"29 A.A.R. 1023 (May 12, 2023)","url":"https://azdeq.gov/owtfrulemaking"}],"changesNote":"ADEQ's comprehensive OWTF rule rewrite (18 A.A.C. 9) is still an active rulemaking (page revised July 2026, per search snippet); no adopted change to the transfer inspection found.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"AR","name":"Arkansas","agencyShort":"the Arkansas Department of Health","regulator":{"agency":"Arkansas Department of Health (State Board of Health rules); permits are handled by the Department's Authorized Agent, the Environmental Health Specialist assigned to each county","agencyUrl":"https://healthy.arkansas.gov/programs-services/public-health-safety/onsite-wastewater/","permitIssuer":"county-health","whoToCall":"The environmental health specialist at your county health unit (Arkansas Department of Health)."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"Arkansas has no septic inspection requirement at sale and no seller disclosure law; buyers must arrange their own inspection.","citation":"ADH Rules Pertaining to Onsite Wastewater Systems (eff. Sept 5, 2024; 14 CAR Part 21) checked: no transfer trigger; no seller disclosure statute (Arkansas Real Estate Commission)","url":"https://healthy.arkansas.gov/wp-content/uploads/Onsite_Wastewater_Rule.pdf","quote":"","secondSource":"https://arec.arkansas.gov/?p=3502","recheck":null},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No seller disclosure statute; AREC: \"there is no disclosure statute addressing the individual owner/seller.\" Arkansas Realtors form is voluntary.","url":"https://arec.arkansas.gov/?p=3502"},"pumping":{"class":"conditional","short":"No schedule for conventional septic. Owners of holding tanks and alternative systems (including aerobic units) must keep a monitoring contract with a registered monitoring person for the life of the system.","citation":"ADH Rules Pertaining to Onsite Wastewater Systems §12 (Onsite Wastewater Systems Monitoring Program), eff. Sept 5, 2024","url":"https://healthy.arkansas.gov/wp-content/uploads/Onsite_Wastewater_Rule.pdf","quote":"Owners of holding tanks, or alternative wastewater systems are required to maintain a Monitoring Contract with a Monitoring Person registered by the Department for the life of the system."},"changes":[{"date":"2024-09-05","status":"in-force","title":"Onsite Wastewater rule revised to implement Acts 137 and 457 of 2023; interceptor drain and subdivision updates","citation":"ADH Rules Pertaining to Onsite Wastewater Systems (2024), eff. Sept 5, 2024","url":"https://healthy.arkansas.gov/wp-content/uploads/OnsiteWastewater_-_Summary.pdf"},{"date":"2023","status":"in-force","title":"Act 457 of 2023: automatic occupational licensure and subdivision/recreational park program updates","citation":"Ark. Act 457 (2023)","url":"https://healthy.arkansas.gov/wp-content/uploads/OnsiteWastewater_-_Summary.pdf"}],"changesNote":"Checked ADH rule PDF (eff. 9/5/2024), ADH rulemaking summary/notice, and web search for 2025-2026 Arkansas septic acts (none found).","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"CA","name":"California","agencyShort":"your county environmental health department","regulator":{"agency":"State Water Resources Control Board OWTS Policy sets statewide minimums; county/city local agencies permit OWTS, and an approved Tier 2 Local Agency Management Program (LAMP, approved by the Regional Water Board) supersedes Tier 1 and may set different standards","agencyUrl":"https://www.waterboards.ca.gov/water_issues/programs/owts/","permitIssuer":"county-health","whoToCall":"Your county environmental health department (the local agency that runs the OWTS/septic program)."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":"Seller (Transfer Disclosure Statement); some counties add a point-of-sale inspection by local ordinance (e.g., Santa Cruz County Code ch. 7.38, 2022)","short":"No statewide septic inspection at sale; the mandatory Transfer Disclosure Statement makes sellers state whether the home has a septic tank or sewer and any known defects. Some counties require inspections locally.","citation":"Cal. Civ. Code §§1102, 1102.6 (Real Estate Transfer Disclosure Statement: items 'Septic Tank', 'Public Sewer System', 'Plumbing/Sewers/Septics'); State Water Board OWTS Policy (amended Apr 18, 2023) checked: no transfer-inspection requirement","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1102.6","quote":"The disclosures required by this article pertaining to the property proposed to be transferred are set forth in,","secondSource":"https://www.scceh.org/Portals/6/Env_Health/Land%20Use/Land%20Use%20Documents/OWTS Disclosure.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Cal. Civ. Code §1102.6 Real Estate Transfer Disclosure Statement, Section II.A ('Septic Tank', 'Public Sewer System') and II.B ('Plumbing/ Sewers/Septics' defects)","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1102.6"},"pumping":{"class":"conditional","short":"No statewide pumping schedule: owners must maintain systems 'as necessary, or as required by local ordinances'. Advanced systems in Tier 3 impaired-water areas need service-provider monitoring (quarterly where disinfection is required).","citation":"OWTS Policy §2.5 (general duty); §§10.13-10.15 (Tier 3 Advanced Protection Management Programs)","url":"https://waterboards.ca.gov/water_issues/programs/owts/docs/adopted_owts_policy.pdf","quote":"Owners of OWTS shall maintain their OWTS in good working condition including inspections and pumping of solids as necessary, or as required by local ordinances, to maintain proper function and assure adequate treatment."},"changes":[{"date":"2023-04-18","status":"in-force","title":"State Water Board amends and renews the statewide OWTS Policy, updating Tier 3 impaired water body lists","citation":"Water Quality Control Policy for OWTS, amended Apr 18, 2023","url":"https://waterboards.ca.gov/water_issues/programs/owts/docs/adopted_owts_policy.pdf"},{"date":"2022","status":"in-force","title":"Santa Cruz County requires point-of-sale septic inspections (local ordinance, not statewide)","citation":"Santa Cruz County Code ch. 7.38 (amended 2022)","url":"https://www.scceh.org/Portals/6/Env_Health/Land%20Use/Land%20Use%20Documents/OWTS Disclosure.pdf"}],"changesNote":"Checked State Water Board OWTS Policy (amended 4/18/2023) and web search for county point-of-sale programs; no 2024-2026 statewide septic statute found (not exhaustive of every LAMP update).","notes":[],"unverified":[],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"CO","name":"Colorado","agencyShort":"your local public health agency","regulator":{"agency":"CDPHE Water Quality Control Commission sets the statewide minimum (Reg. 43); county/district/municipal local public health agencies issue permits, adopt local OWTS regulations and may adjust design values","agencyUrl":"https://cdphe.colorado.gov/water-quality/water-quality-engagement/reg-43","permitIssuer":"county-health","whoToCall":"Your county or district local public health agency's OWTS (septic) program."},"sale":{"class":"local-option","effective":null,"window":"report completed within the previous 12 months; acceptance valid until closing, max 12 months","whoPerforms":"Transfer of Title inspector certified by the National Association of Wastewater Technicians (or approved equivalent)","short":"No statewide rule, but Regulation 43 lets each county board of health require a septic inspection before a sale; many Front Range and mountain counties do.","citation":"5 CCR 1002-43, §43.4.L (Transfer of Title Inspections), as amended 48 CR 07 (2025)","url":"https://www.law.cornell.edu/regulations/colorado/5-CCR-1002-43.4","quote":"A local board of health is not required to develop a transfer of title inspection program.","secondSource":"https://gazette.com/2026/07/12/faq-teller-county-septic-system-regulation-update/","recheck":{"url":"https://www.pueblocounty.gov/sites/default/files/2025-12/CDPHERegulation43RedlineVer_1.pdf","citation":"5 CCR 1002-43, §43.4.L.1 (CDPHE Regulation 43 redline as amended March 10, 2025, hosted by Pueblo County)","quote":"A local board of health may choose to require a property owner ... to have an inspection of that system ... prior to the sale or transfer of title of the property. A local board of health is not …","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Class confirmed. Effective date NOT fully resolved: this document's cover history says 'AMENDED: March 10, 2025 EFFECTIVE: June 15, 2025', but its own table of contents lists 43.26 as 'Effective April 30, 2025' and the body says 'Effective XX XX, XXXX'. April 30 = 20 days after 48 CR 07 publication (likely LII's source). Counties (Douglas, Pitkin) cite June 15, 2025; lean June 15. cdphe.colorado.gov returned 403."}},"disclosure":{"mandatory":false,"asksAboutSeptic":true,"citation":"No statute mandates a seller condition-disclosure form; the Colorado Real Estate Commission's Seller's Property Disclosure (SPD) used in broker transactions has a sewer/septic section. Statutory disclosures (C.R.S. 38-35.7-104 water source, radon) do not cover septic condition.","url":"https://forms.justia.com/colorado/statewide/real-estate/sellers-property-disclosure-residential-writable-45843.html"},"pumping":{"class":"conditional","short":"No statewide pumping schedule. Where higher-level treatment allows reduced sizing or setbacks, owners must keep a service contract, with inspections twice in year one and annually after.","citation":"5 CCR 1002-43, §43.14.D.4-D.5 (Permitting and Oversight of Maintenance), as amended 48 CR 07 (2025)","url":"https://www.law.cornell.edu/regulations/colorado/5-CCR-1002-43.14","quote":"Maintain an active service contract with a maintenance provider at all times"},"changes":[{"date":"2026-06-15","status":"in-force","title":"Deadline for county/district health agencies to adopt local OWTS rules at least as stringent as revised Reg. 43","citation":"Reg. 43 local adoption deadline (per Douglas County / Jefferson County notices)","url":"https://www.jeffco.us/4317/Proposed-Regulations-Revisions"},{"date":"2025","status":"in-force","title":"Regulation 43 revised (transfer-of-title inspector certification, maintenance oversight); counties had to adopt matching rules by June 15, 2026","citation":"5 CCR 1002-43, 48 CR 07 (published Apr 10, 2025)","url":"https://www.law.cornell.edu/regulations/colorado/5-CCR-1002-43.4"}],"changesNote":"Checked Cornell LII Reg. 43 history notes (40 CR 11 2017; 41 CR 07 2018; 48 CR 07 2025), CDPHE Reg 43 page (403), and county adoption notices from 2026.","notes":[{"title":"2025 revision: effective date unclear","text":"Sources disagree on when the 2025 revision of Regulation 43 took effect: the Colorado Register note gives April 30, 2025 and county notices give June 15, 2025. We show it as 2025 rather than pick one. Your local public health agency can tell you which rules apply to a sale today."}],"unverified":[],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"CT","name":"Connecticut","agencyShort":"your town or district health department","regulator":{"agency":"Connecticut Department of Public Health sets the Public Health Code and Technical Standards; local directors of health (town/district health departments) issue permits and approvals and may grant exceptions","agencyUrl":"https://portal.ct.gov/dph/environmental-health/environmental-engineering/environmental-engineering----subsurface-sewage","permitIssuer":"county-health","whoToCall":"Your town or district health department (local director of health)."},"sale":{"class":"disclosure","effective":null,"window":"before the buyer signs a binder, contract or option","whoPerforms":"Seller (Residential Condition Report)","short":"No statewide septic inspection at sale. Sellers must give buyers a Residential Condition Report stating the sewage system type, last pumping date and any known problems.","citation":"Conn. Gen. Stat. §20-327b(a) and (d)(F) 'Sewage Disposal System'; §20-327c (credit to buyer if not furnished); PHC 19-13-B103 checked (no transfer trigger)","url":"https://www.cga.ct.gov/current/pub/chap_392.htm","quote":"each person who offers residential property in the state for sale, exchange or for lease with option to buy, shall provide a written residential condition report or reports to the prospective purchaser","secondSource":"https://portal.ct.gov/dph/environmental-health/environmental-engineering/environmental-engineering----subsurface-sewage","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Conn. Gen. Stat. §20-327b, report subsection 'Sewage Disposal System': type (Public; Septic; Cesspool; Other), service company, 'Date last pumped: AND frequency', 'For any sewage system, are there problems?'","url":"https://www.cga.ct.gov/current/pub/chap_392.htm"},"pumping":{"class":"conditional","short":"No routine pumping schedule for conventional systems. Owners of approved proprietary pressure-dosed dispersal (PPD) systems must have O&M by a vendor-trained person, listed on the permit to discharge.","citation":"DPH Technical Standards for Subsurface Sewage Disposal Systems (Sept 2026), §11.5.8 (PPD systems), under PHC 19-13-B103d","url":"https://portal.ct.gov/dph/-/media/dph/dph-2025/environmental-engineering-program/subsurface-sewage/regulation-updates-and-2026-ts-resources/2026-ts-resources/september-2026-technical-standards-for-subsurface-sewage-disposal-systems.pdf?rev=d7fec216490f4b34b2b688da2b1647e9","quote":"Property owners that receive approval for a PPD system shall be required to have O and M on the system by a vendor-trained and authorized individual."},"changes":[{"date":"2026-09-01","status":"in-force","title":"PHC 19-13-B100a/B103a-h and Technical Standards revised: nitrogen assessments, DEEP-to-DPH authority transfer, local central-system approvals","citation":"DPH EHS Circular Letter 2026-16 (Aug 31, 2026); CGS §22a-430(g)","url":"https://portal.ct.gov/dph/-/media/dph/dph-2025/environmental-engineering-program/subsurface-sewage/regulation-updates-and-2026-ts-resources/2026-ts-resources/ehs-circular-letter-2026-16-subsurface-sewage-regulations-and-ts-update.pdf?rev=b40a964e7ebd4d67ac85f053ef0a6225"},{"date":"2026","status":"in-force","title":"Public Act 26-142 requires certification standards for subsurface sewage enforcement officers","citation":"Conn. Public Act 26-142 (as described in Circular Letter 2026-16)","url":"https://portal.ct.gov/dph/-/media/dph/dph-2025/environmental-engineering-program/subsurface-sewage/regulation-updates-and-2026-ts-resources/2026-ts-resources/ehs-circular-letter-2026-16-subsurface-sewage-regulations-and-ts-update.pdf?rev=b40a964e7ebd4d67ac85f053ef0a6225"}],"changesNote":"Checked DPH subsurface sewage page and 2026 circular letter/Technical Standards; Technical Standards are also revised most Januaries (2022, 2023 editions exist). PA 26-142 text not fetched separately.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"DE","name":"Delaware","agencyShort":"DNREC","regulator":{"agency":"Delaware DNREC, Division of Water, Ground Water Discharges Section issues construction permits statewide (no county health department permitting); DNREC will not issue a permit unless the county/municipality with land-use jurisdiction has approved","agencyUrl":"https://dnrec.delaware.gov/water/residential/septic-systems","permitIssuer":"state","whoToCall":"DNREC's Ground Water Discharges Section in Dover (statewide septic permits and inspection records)."},"sale":{"class":"required","effective":null,"window":"before settlement; a pump-out and Class H inspection within the previous 36 months suffices; sheriff sales, auctions, short sales and cash sales get up to 90 days after sale","whoPerforms":"Licensed Class F liquid waste hauler (pump-out) and Class H system inspector; report filed with DNREC within 72 hours","short":"Before a sale closes, the system must be pumped by a Class F hauler and inspected by a Class H inspector, with the report sent to DNREC.","citation":"7 Del. Admin. Code 7101 §5.4.6.3.1 (also §3.31.13)","url":"https://regulations.delaware.gov/api/AdminCode/title7/7101/02c13d35-a2ef-4a50-8fb1-6c97ad120282","quote":"For all properties utilizing an OWTDS that are sold or otherwise transferred to other ownership, the persons must have the system pumped out and inspected by a Class F and Class H licensee, respectively, prior to the completion of sale","secondSource":"https://dprfiles.delaware.gov/realestate/DeREC%20Seller's%20Disclosure%20for%20Real%20Property%20Condition%20Report.pdf","recheck":{"url":"https://www.law.cornell.edu/regulations/delaware/7-Del-Admin-Code-SS-7101-5.0","citation":"7 Del. Admin. Code 7101-5.4.6.3.1 (Cornell LII mirror)","quote":"For all properties utilizing an OWTDS that are sold or otherwise transferred to other ownership ... [system shall be] pumped out and inspected [by Class F and Class H licensees] prior to the completion of the sale","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"LII text confirmed via fetch-tool excerpt; bracketed words paraphrase the tool's summary, only the first clause is verbatim. DNREC 2016 news release also tells sellers to get a Class H inspection before selling."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"6 Del. C. §2572; Delaware Real Estate Commission Seller's Disclosure of Real Property Condition Report (eff. Aug 1, 2026), Q120-124 (Q123 asks whether a Class H inspection was done within 36 months 'as required by DNREC regulations')","url":"https://dprfiles.delaware.gov/realestate/DeREC%20Seller's%20Disclosure%20for%20Real%20Property%20Condition%20Report.pdf"},"pumping":{"class":"statewide","short":"Every system must be pumped by a licensed hauler every 3 years unless under 1/3 full of solids; alternative systems also need a service contract (inspections every 6 months).","citation":"7 Del. Admin. Code 7101 §5.5.2; §5.5.5.1-5.5.5.2 (I/A systems)","url":"https://regulations.delaware.gov/api/AdminCode/title7/7101/02c13d35-a2ef-4a50-8fb1-6c97ad120282","quote":"Each on site wastewater treatment and disposal system shall be pumped by a licensed Class F liquid waste hauler once every three (3) years"},"changes":[],"changesNote":"none found in force since 2020. Last final amendment of 7101 took effect Jan 11, 2014 (Secretary's Order 2013-W-0060). DNREC's regulations page lists SAN 2025-12, a proposal to amend 7101; its text, hearing and adoption status could not be confirmed. Seller disclosure form revised effective Aug 1, 2026 (still asks about septic). Checked dnrec.delaware.gov/dnrec-regulations and web search for 7101 amendments 2020-2026.","notes":[],"unverified":[{"column":"changes","text":"status/content of SAN 2025-12 (proposed 7101 amendment) not confirmed"}],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"FL","name":"Florida","agencyShort":"your county health department or Florida DEP","regulator":{"agency":"Florida DEP, Division of Water Resource Management, Onsite Sewage Program (program and rules transferred from DOH; Chapter 64E-6 renumbered 62-6)","agencyUrl":"https://floridadep.gov/water/onsite-sewage","permitIssuer":"local-mixed","whoToCall":"Your county health department's environmental health section (DEP directly in the Panhandle counties and Marion County)."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"Florida has no statewide septic inspection at sale and no statutory seller disclosure form.","citation":"Checked: Ch. 62-6 F.A.C. and s. 381.0065 F.S. (no transfer trigger); no statutory residential seller-disclosure form (duty arises from case law, Johnson v. Davis, 480 So.2d 625 (Fla. 1985))","url":"https://floridadep.gov/water/onsite-sewage","quote":"","secondSource":null,"recheck":{"url":"https://florida.public.law/statutes/fla._stat._689.25","citation":"Fla. Stat. §689.25 (homicide, suicide, death, HIV/AIDS not material facts)","quote":"is not a material fact that must be disclosed in a real estate transaction.","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"689.25 only lists facts that need not be disclosed. It prescribes no seller disclosure form and says nothing about septic, which fits the duty being case law (Johnson v. Davis), not a statutory form. This pass did not re-fetch 381.0065 or 62-6 for a transfer trigger, and none is known."}},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No statute or state-prescribed form; common-law duty to disclose known material defects (Johnson v. Davis, 1985). Realtor association forms are voluntary.","url":null},"pumping":{"class":"conditional","short":"No routine pumping rule; aerobic treatment units need a maintenance agreement for the system's life and inspection by a permitted maintenance entity twice a year.","citation":"Fla. Admin. Code R. 62-6.012(2)(l)-(m), (3)(a) (eff. 6/21/2022)","url":"https://www.flrules.org/gateway/ruleNo.asp?id=62-6.012","quote":"Provide that each aerobic unit is inspected by an approved maintenance entity at least two times each year. Aerobic treatment units serving commercial establishments must be inspected four times per year."},"changes":[{"date":"2026-05-06","status":"in-force","title":"Locals cannot demand the septic construction permit before building/plumbing permits if application proof shown; 90-day grace for new DEP rules","citation":"Ch. 2026-62, Laws of Fla. (CS/CS/CS/HB 589)","url":"https://www.flsenate.gov/Session/Bill/2026/589"},{"date":"2023-07-01","status":"in-force","title":"BMAP areas: new septic banned where sewer available; lots of 1 acre or less need 65% nitrogen-reducing systems","citation":"s. 403.067(7)(a)10, F.S.; s. 14, ch. 2023-169 (HB 1379)","url":"https://www.flsenate.gov/Laws/Statutes/2025/403.067"},{"date":"2021-07-01","status":"in-force","title":"Clean Waterways Act moves the onsite sewage program from DOH to DEP; county health departments keep permitting","citation":"Ch. 2020-150, Laws of Fla. (SB 712)","url":"https://floridadep.gov/water/onsite-sewage"}],"changesNote":null,"notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"GA","name":"Georgia","agencyShort":"your county health department","regulator":{"agency":"Georgia Department of Public Health rules (Chapter 511-3-1); County Boards of Health / county health departments issue construction permits, inspect and approve systems","agencyUrl":"https://dph.georgia.gov/environmental-health/onsite-sewage","permitIssuer":"county-health","whoToCall":"Your county health department's environmental health office."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"Georgia has no septic inspection requirement at sale and no mandatory seller disclosure form; caveat emptor applies, though sellers can't conceal known hidden defects.","citation":"Ga. Comp. R. & Regs. ch. 511-3-1 and DPH Manual for On-Site Sewage Management Systems (2026 ed.) checked: no transfer trigger; no seller disclosure statute (broker duty only, O.C.G.A. §10-6A-5; caveat emptor, Wilhite v. Mays, 140 Ga. App. 816 (1976))","url":"https://rules.sos.ga.gov/GAC/511-3-1","quote":"","secondSource":"https://codes.findlaw.com/ga/title-10-commerce-and-trade/ga-code-sect-10-6a-5/","recheck":{"url":"https://www.gnrhealth.com/wp-content/uploads/2022/03/01.-GNR-Existing-Septic-System-Evaluation-Application-Rev.-03.28.2022.pdf","citation":"Gwinnett/Newton/Rockdale (GA DPH district) Existing Septic System Evaluation Application, rev. 03.2022","quote":"Reason for Existing Sewage System Evaluation: Loan Closing for Home Sale or Refinance Mobile Home Relocation Adoption","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Weak corroboration. A DPH district treats the existing-system evaluation as an optional, owner-requested service, often driven by loan closings, with no statutory or rule-based transfer mandate cited. No Georgia seller-disclosure statute surfaced in searches; only the voluntary REALTOR form and broker duties exist."}},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No statute requires a seller disclosure form (Georgia REALTORS form is voluntary); brokers must disclose known adverse material facts about physical condition, O.C.G.A. §10-6A-5","url":"https://codes.findlaw.com/ga/title-10-commerce-and-trade/ga-code-sect-10-6a-5/"},"pumping":{"class":"conditional","short":"No pumping schedule for conventional systems (owner must maintain per the DPH Manual). Aerobic treatment units must come with a 3-year service policy of six visits, one every six months.","citation":"Ga. Comp. R. & Regs. r. 511-3-1-.17(2); DPH Manual for On-Site Sewage Management Systems (2026), Section D(9)(E)(1) Aerobic Treatment Units, Initial Service Policy","url":"https://dph.georgia.gov/document/document/envhealth-onsite-sewage-manual/download","quote":"A three -year initial service policy must be furnished to the owner by the manufacturer or the authorized representative; the cost of the initial service policy must be included in the original purchase price ."},"changes":[{"date":"2026","status":"in-force","title":"DPH reissues the Manual for On-Site Sewage Management Systems twice in 2026 (March and June editions)","citation":"DPH Manual for On-Site Sewage Management Systems, June 2026 (footer 'March 2026')","url":"https://dph.georgia.gov/document/document/envhealth-onsite-sewage-manual/download"}],"changesNote":"No amendment to rules 511-3-1 found since the version effective 01/01/2016 (DPH rules PDF) — rules.sos.ga.gov shows no newer history; Justia current to 9/23/2024; LII .17 history eff. 1/9/2014. Manual content changes in the 2026 editions were not itemized. Web searches for 2025-2026 Georgia septic bills found none.","notes":[],"unverified":[],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"HI","name":"Hawaii","agencyShort":"the Hawaii Department of Health","regulator":{"agency":"Hawaii Department of Health, Wastewater Branch, which administers individual wastewater systems statewide; HAR 11-62 approvals are made by the 'director' (the director of health or the director's duly authorized agent).","agencyUrl":"https://health.hawaii.gov/wastewater/","permitIssuer":"state","whoToCall":"The Hawaii Department of Health Wastewater Branch (or the DOH environmental health office on your island)."},"sale":{"class":"disclosure","effective":null,"window":"seller signs within 6 months before or 10 days after contract acceptance; delivered within 10 days of acceptance","whoPerforms":"Seller (mandatory disclosure statement of material facts)","short":"No septic or cesspool inspection is required at sale. Sellers must give a mandatory disclosure statement; the standard form asks about cesspools/septic. A 2026 bill for a dedicated cesspool disclosure died.","citation":"HRS §§508D-4, 508D-5 (mandatory seller disclosure statement); HAR 11-62 checked (no transfer inspection; §11-62-31.1(e)(2) O&M obligations bind new owners on transfer)","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0508D/HRS_0508D-0004.htm","quote":"Except as provided in section 508D-3, no seller may sell residential real property unless: (1) Prior to the sale of such residential real property, a disclosure statement is:","secondSource":"https://about.hawaiilife.com/?p=467158","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"HRS ch. 508D (disclosure of material facts; statute has no prescribed septic question). The widely used Seller's Real Property Disclosure Statement (Hawaii Association of REALTORS form) has a wastewater section asking about cesspool/septic/sewer and abandoned cesspools.","url":"https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0508D/HRS_0508D-0004.htm"},"pumping":{"class":"conditional","short":"No schedule for septic tanks or cesspools. Household aerobic unit owners must keep an active service contract (inspection every 6 months, sludge checks, pumping as needed), filed with DOH yearly.","citation":"HAR §11-62-33.1(b)(3)-(4)","url":"https://health.hawaii.gov/wastewater/files/2023/04/11-62-Wastewater-Systems-CtrlFEnter.pdf","quote":"Owners of proposed and existing household aerobic units shall have an active service contract for the proper maintenance of the aerobic unit and its disposal system with a certified operator or factory certified representative"},"changes":[{"date":"2026-07-08","status":"in-force","title":"Act 204 creates Cesspool Conversion Revolving Loan Fund (low-interest/forgivable loans) under Hawaii Green Infrastructure Authority","citation":"Act 204, SLH 2026 (HB 1618 CD1)","url":"https://www.thegardenisland.com/2026/07/10/hawaii-news/cesspool-conversions-made-easier/"},{"date":"2026","status":"not-enacted","title":"HB 1749: mandatory cesspool disclosure form for home sellers from Jan 1, 2027 — died in conference","citation":"HB 1749 HD2 SD1 (2026); proposed HRS §508D-15(d)","url":"https://data.capitol.hawaii.gov/sessions/session2026/Bills/HB1749_SD1_.HTM"},{"date":"2025-06-06","status":"in-force","title":"Act 188 funds a DOH engineer position for cesspool conversions","citation":"Act 188, SLH 2025 (HB 879 CD1)","url":"https://data.capitol.hawaii.gov/sessions/session2025/bills/GM1288_.pdf"},{"date":"2024-07-08","status":"in-force","title":"HB 2743: UH Sea Grant to build a cesspool prioritization / sewer feasibility tool","citation":"HB 2743 (2024), signed July 8, 2024","url":"https://mauinow.com/?p=530903"},{"date":"2022-06","status":"in-force","title":"Act 87 amends HRS §342D-72: every cesspool must be upgraded, converted or sewered before Jan 1, 2050, with director exemptions","citation":"Act 87, SLH 2022 (HB 1806); HRS §342D-72","url":"https://data.capitol.hawaii.gov/sessions/session2022/Bills/GM1187_.PDF"}],"changesNote":"HAR 11-62 last amended and compiled March 21, 2016 (bans new cesspools); no newer rule found. Checked data.capitol.hawaii.gov bill/commreport directories (HB1749 has no CD1 or conference report; HB1618 has CD1 + CCR164-26) and news on 2024-2026 acts.","notes":[],"unverified":[],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"ID","name":"Idaho","agencyShort":"your public health district","regulator":{"agency":"Idaho Department of Environmental Quality writes IDAPA 58.01.03; Idaho's seven public health districts administer the rules under a memorandum of understanding with DEQ, conducting site evaluations, issuing septic permits and inspecting installations.","agencyUrl":"https://www.deq.idaho.gov/water-quality/wastewater/septic-and-septage/","permitIssuer":"state-district","whoToCall":"Your regional public health district's environmental health office."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection is required at sale. Sellers of residential property must complete the state disclosure form, which asks about the septic system and problems.","citation":"Idaho Code §55-2504 and §55-2508 (Property Condition Disclosure Act); IDAPA 58.01.03 checked, no sale-inspection trigger (ETPS owners must notify transferees of O&M duties, 58.01.03.009.03.e)","url":"https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch25/sect55-2508/","quote":"Septic system (type) …………. problem","secondSource":"https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch25/sect55-2504/","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Idaho Code §55-2504 (seller shall complete all applicable items in the form prescribed by §55-2508); §55-2508 form item 5 'Septic system'","url":"https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch25/sect55-2504/"},"pumping":{"class":"conditional","short":"No routine pumping schedule for ordinary systems. Extended treatment package systems (aerobic units) need yearly operation, maintenance and monitoring by a certified service provider, reported annually.","citation":"IDAPA 58.01.03.009.03.d","url":"https://adminrules.idaho.gov/rules/current/58/580103.pdf","quote":"Property owners with an ETPS installed on their property must have all operation, maintenance, and monitoring requirements specified in the permit completed by June 30 of each year by a certified service provider"},"changes":[{"date":"2025-07-01","status":"in-force","title":"Zero-based rewrite of IDAPA 58.01.03 (simplified permitting, reduced surface-water setbacks, ETPS annual O&M by certified providers)","citation":"IDAPA 58.01.03, Docket No. 58-0103-2301","url":"https://www.deq.idaho.gov/individual-subsurface-sewage-disposal-docket-no-58-0103-2301/"},{"date":"2022-03-31","status":"in-force","title":"Alternative/proprietary system requirements moved from the Technical Guidance Manual into rule","citation":"IDAPA 58.01.03, Docket No. 58-0103-1901","url":"https://adminrules.idaho.gov/rules/current/58/580103.pdf"}],"changesNote":"Current rule text carries (7-1-25) effective notes, confirming the 2023-01 docket took effect; 2022 date from (3-31-22) notes. Did not search the legislature for failed septic bills.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"IL","name":"Illinois","agencyShort":"your county health department or IDPH","regulator":{"agency":"Illinois Department of Public Health; administered locally by a 'Local Authority' (a local government enforcing a Department-approved private sewage disposal ordinance, or a local health department designated as the State's agent).","agencyUrl":"https://dph.illinois.gov/topics-services/environmental-health-protection/private-sewage-disposal.html","permitIssuer":"county-health","whoToCall":"Your county or local health department's environmental health office (IDPH regional office where no local program exists)."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No statewide septic inspection at sale. Sellers must give buyers the state disclosure report, which asks about known septic defects.","citation":"765 ILCS 77/20 and 77/35 (Residential Real Property Disclosure Act), item 14; 77 Ill. Adm. Code 905 checked, no sale trigger (maintenance records transfer owner to owner, 905.20(q)(2))","url":"https://www.ilga.gov/Documents/legislation/ilcs/documents/076500770K35.htm","quote":"I am aware of material defects in the septic, sanitary sewer, or other disposal system.","secondSource":"https://www.ilga.gov/Documents/legislation/ilcs/documents/076500770K20.htm","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"765 ILCS 77/20 ('A seller of residential real property shall complete all items in the disclosure report'); 77/35 item 14","url":"https://www.ilga.gov/Documents/legislation/ilcs/documents/076500770K20.htm"},"pumping":{"class":"statewide","short":"Residential septic tanks installed or repaired after Jan 1, 2014 must be evaluated within 3 years, then at least every 5 years; pump if solids exceed 33%. Aerobic units every 6 months.","citation":"77 Ill. Adm. Code 905.20(q)(3)(A)(i); ATUs 905.20(q)(3)","url":"https://www.ilga.gov/agencies/JCAR/EntirePart?titlepart=07700905","quote":"After the first evaluation, the system shall be evaluated a minimum of once every 5 years."},"changes":[],"changesNote":"none found since 2020. Part 905 was last permanently amended effective Aug 28, 2013; a COVID-19 emergency amendment (44 Ill. Reg. 6142, effective Mar 31, 2020) expired Aug 27, 2020. Checked the JCAR source note and a web search for Part 905 proposals 2024-2026; did not search ILGA bills.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"IN","name":"Indiana","agencyShort":"your county health department","regulator":{"agency":"Indiana Department of Health writes the rule; administered by local boards of health, whose local health departments issue construction permits; local ordinances may not be more stringent than the state rule after June 30, 2023 (IC 16-41-25-7).","agencyUrl":"https://www.in.gov/health/eph/onsite-sewage-systems-program/","permitIssuer":"county-health","whoToCall":"Your county health department's environmental health office."},"sale":{"class":"local-option","effective":"2024-07-01","window":"St. Joseph County sole-source-aquifer area only: when 15+ years since last sale/transfer or system installation","whoPerforms":null,"short":"State law bans septic inspections as a condition of sale, except in St. Joseph County's sole-source aquifer area if 15+ years since last transfer or install.","citation":"IC 32-21-5.2-8 and -9 (added by P.L.157-2024, HEA 1329); seller disclosure IC 32-21-5-7, -10","url":"https://iga.in.gov/laws/2025/ic/titles/32#32-21-5.2-8","quote":"a governmental entity shall not require that a residential onsite sewage system be inspected or tested:(1) in connection with, or as a condition of:(A) the sale of","secondSource":"https://iga.in.gov/legislative/2024/bills/house/1329/details","recheck":{"url":"https://www.in.gov/localhealth/stjosephcounty/environmental-health/property-transfers/","citation":"St. Joseph County Health Dept., Property Transfer Ordinance Changes Effective July 1, 2024 (implementing IC 32-21-5.2 / HEA 1329-2024)","quote":"inspections of the septic system are only required for properties located within the St Joseph Aquifer System ... only required if the property has not transferred or had a new system installed within the last fifteen years","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Justia IC mirror 403; second source is the local health agency applying the 2024 state change. Confirms statewide ban with a single sole-source-aquifer exception; 'local-option' (zone-limited) fits, though display should stress the general prohibition."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"IC 32-21-5-10(a) ('An owner must complete and sign a disclosure form and submit the form to a prospective buyer before an offer ... is accepted'); IC 32-21-5-7(1)(E)-(F) water and sewer systems; additions that may require improvements to the sewage disposal system","url":"https://iga.in.gov/laws/2025/ic/titles/32#32-21-5-10"},"pumping":{"class":"conditional","short":"No statewide pumping schedule. Local health departments may issue operating permits; systems with components needing scheduled maintenance require a service contract and records, renewed at least every 3 years.","citation":"410 IAC 6-8.3-54","url":"https://www.in.gov/health/files/410_IAC_6-8_3.pdf","quote":"Local health departments may require written operating permits in accordance with IC 16 -19-3-27(b)(2)"},"changes":[{"date":"2026","status":"future","title":"Proposed rewrite of 410 IAC 6-8.3 (inspection standards, installer registration, holding tanks, tiny homes); second hearing Aug 7, 2026, not yet adopted","citation":"LSA Document #26-64","url":"https://www.in.gov/health/directory/office-of-the-commissioner/rules/"},{"date":"2025","status":"in-force","title":"HEA 1052 (2025) orders IDOH to update residential septic rules and set inspection guidelines before July 1, 2026","citation":"IC 16-19-3-34","url":"https://iga.in.gov/laws/2025/ic/titles/16#16-19-3-34"},{"date":"2024-07-01","status":"in-force","title":"Ban on government-mandated septic inspections at sale/transfer (St. Joseph aquifer exception)","citation":"P.L.157-2024 (HEA 1329), IC 32-21-5.2","url":"https://iga.in.gov/legislative/2024/bills/house/1329/details"},{"date":"2024","status":"not-enacted","title":"HB 1060 (2024) would have required a septic inspection before sale of a dwelling","citation":"HB 1060 (2024)","url":"https://iga.in.gov/legislative/2024/bills/house/1060/details"},{"date":"2023-07-01","status":"in-force","title":"Local ordinances and health departments may not be stricter than state septic rule, including pre-sale inspections","citation":"IC 16-41-25-7, amended by P.L.232-2023 SEC.8","url":"https://iga.in.gov/laws/2025/ic/titles/16#16-41-25-7"}],"changesNote":"HB 1060 not-enacted status is from news coverage plus the fact that P.L.157-2024 later banned such mandates; did not open its IGA action history.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"IA","name":"Iowa","agencyShort":"your county sanitarian or Iowa DNR","regulator":{"agency":"Iowa DNR (Environmental Protection Commission rules); permits issued by the 'administrative authority' - the department or the local county board of health (county sanitarians).","agencyUrl":"https://www.iowadnr.gov/environmental-protection/water-quality/private-sewage-disposal-and-septage","permitIssuer":"county-health","whoToCall":"Your county environmental health office (county sanitarian)."},"sale":{"class":"required","effective":null,"window":"before any transfer of ownership; county recorder will not record the deed without the inspection report or a binding agreement","whoPerforms":"A DNR-certified time-of-transfer (TOT) inspector","short":"Statewide: any building served by a septic system must have a certified time-of-transfer inspection before ownership transfers. Failing systems must be brought up to current standards.","citation":"Iowa Code §455B.172(11); 567 IAC 69.7 (time of transfer inspections)","url":"https://www.legis.iowa.gov/docs/code/455B.172.pdf","quote":"the sewage disposal system serving the building shall be inspected prior to any transfer of ownership of the building.","secondSource":"https://www.legis.iowa.gov/docs/iac/chapter/567.69.pdf","recheck":{"url":"https://iowadnr.gov/environmental-protection/water-quality/private-septic-systems/time-transfer","citation":"Iowa DNR, Time of Transfer program page (implementing Iowa Code 455B.172)","quote":"every home or building served by a private sewage disposal system ... have that system inspected prior to the sale or deed transfer of the home or building","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"DNR agency page confirms statewide TOT inspection by DNR-certified inspector; quote spliced from fetch-tool excerpt (ellipsis marks join)."}},"disclosure":{"mandatory":true,"asksAboutSeptic":"unverified","citation":"Iowa Code §558A.2 (transferor shall deliver a written disclosure statement); form contents set by Real Estate Commission rules under §558A.4, not checked","url":"https://www.legis.iowa.gov/docs/code/558A.2.pdf"},"pumping":{"class":"conditional","short":"No routine pumping schedule for ordinary systems. Proprietary/aerobic treatment systems need a lifetime maintenance contract and inspection at least once a year by a manufacturer-certified technician.","citation":"567 IAC 69.6(2)\"c\"(1)","url":"https://www.legis.iowa.gov/docs/iac/chapter/567.69.pdf","quote":"A maintenance contract is required for the life of the system."},"changes":[{"date":"2026-07","status":"in-force","title":"Chapter 69 rewritten (ARC 9467C); effective date delayed by ARRC to 70 days after 2026 session adjournment","citation":"567 IAC ch. 69, ARC 9467C (IAB 8/6/25)","url":"https://www.legis.iowa.gov/docs/iac/chapter/567.69.pdf"},{"date":"2023","status":"in-force","title":"Amendment to Iowa Code §455B.172 (2023 Acts ch. 150 §1); substance not checked","citation":"2023 Iowa Acts ch. 150, §1","url":"https://www.legis.iowa.gov/docs/code/455B.172.pdf"}],"changesNote":"The IAC chapter's delay note says the Sept 10, 2025 effective date was delayed to 2026 session adjournment and then 70 more days. The adjournment date (about May 2, 2026, so in force about July 12, 2026) comes from regulators.json. The 2023 Acts amendment appears in the statute's history line; what it changed was not checked.","notes":[],"unverified":[{"column":"sellerDisclosure","text":"Real Estate Commission disclosure-form rule (193E) not located; Iowa also requires a groundwater hazard statement at recording (§558.69), not checked here"}],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"KS","name":"Kansas","agencyShort":"your county sanitarian","regulator":{"agency":"County sanitary codes govern in Kansas. K.A.R. 28-5-7 requires private sewer systems to follow county sanitary codes approved by KDHE before July 1, 1997; only where a county has no such code does the KDHE Bulletin 4-2 (1997) state default apply. County health departments handle permits, plan approval and variances, and county codes may differ from or exceed the state default.","agencyUrl":"https://www.kdhe.ks.gov/1002/Bulletins-Environmental-Health-Handbook","permitIssuer":"county-health","whoToCall":"Your county sanitarian or county environmental health / planning office."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"No statewide septic inspection at sale and no mandatory seller disclosure form. Some county sanitary codes, such as Leavenworth and Cowley, require a resale inspection.","citation":"Checked K.A.R. 28-5-7 (defers to county sanitary codes; no transfer provision) and K.S.A. 58-30,106 (agent duties, no seller form). County examples: Leavenworth County Resale Septic Inspection resolution; Cowley County sanitary code §2-4.1","url":"https://www.law.cornell.edu/regulations/kansas/K-A-R-28-5-7","quote":"","secondSource":"https://files.leavenworthcounty.gov/Department/Planning & Zoning/Septic Information/Resolution - Resale Septic Inspection.pdf","recheck":{"url":"https://ksrevisor.gov/statutes/chapters/ch19/019_037_0002.html","citation":"K.S.A. 19-3702 (county sanitary code adoption; contents; fees)","quote":"may provide for permits, licenses and fees","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"K.S.A. 19-3701 et seq. give counties general sanitary-code authority, which is the basis for the Leavenworth and Cowley resale rules. They do not expressly authorize time-of-transfer inspections, so this is not 'local-option' under the brief's 'expressly' test. The class stays none, with the county examples kept in the note."}},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No statutory seller disclosure form; K.S.A. 58-30,106 sets licensee (agent) duties to disclose known adverse material facts. The Kansas Association of Realtors form is voluntary.","url":"https://www.ksrevisor.gov/statutes/chapters/ch58/058_030_0106.html"},"pumping":{"class":"none","short":"No statewide pumping or inspection schedule. Maintenance rules, if any, come from county sanitary codes.","citation":"K.A.R. 28-5-7 (no maintenance provision)","url":"https://www.law.cornell.edu/regulations/kansas/K-A-R-28-5-7","quote":""},"changes":[],"changesNote":"none found since 2020. Searched for Kansas septic bills and K.A.R. 28-5 rulemaking 2024-2026. A 2024 committee report on HB 2525 mentions single-family residential septic systems, but its subject and outcome were not confirmed. Bulletin 4-2 is still the March 1997 edition per KDHE listings.","notes":[],"unverified":[{"column":"pumpingMandate","text":"KDHE Bulletin 4-2 (state default) could not be read (Cloudflare 403), so any aerobic-unit maintenance-contract provision in it is unverified; K.A.R. 28-5-7 itself has no maintenance rule"},{"column":"saleInspection","text":"whether county resale-inspection programs rest on express state authority (K.S.A. 19-3701 et seq. county sanitary codes) was not confirmed, so classed 'none' rather than 'local-option'"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"KY","name":"Kentucky","agencyShort":"your local health department","regulator":{"agency":"Cabinet for Health and Family Services, Department for Public Health (902 KAR 10:085). Construction permits are issued only by certified inspectors (certified under KRS 211.360), and local health departments may adopt more specific subdivision requirements that do not conflict with the regulation.","agencyUrl":"https://www.chfs.ky.gov/agencies/dph/dphps/emb/Pages/environmentmgmt.aspx","permitIssuer":"county-health","whoToCall":"Your local (county or district) health department's environmental office."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection is required at sale. In licensee-assisted home sales, sellers fill out KREC Form 402, which asks the system type, last septic inspection, cleaning and known problems.","citation":"KRS 324.360; 201 KAR 11:350 (KREC Form 402 §8 Sewer System); 902 KAR 10:085 checked, no sale-inspection trigger","url":"https://www.krec.ky.gov/Documents/KREC%20Form%20402%20-%20Sellers%20Disclosure%20of%20Property%20Condition.pdf","quote":"Date of last inspection (septic): Date last cleaned (septic):","secondSource":"https://law.justia.com/codes/kentucky/2021/chapter-324/section-324-360/","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"KRS 324.360 (seller's disclosure of conditions form, required in single-family residential sales where a real estate licensee is compensated; covers source and condition of sewage service); 201 KAR 11:350; KREC Form 402 §8","url":"https://www.krec.ky.gov/Documents/KREC%20Form%20402%20-%20Sellers%20Disclosure%20of%20Property%20Condition.pdf"},"pumping":{"class":"conditional","short":"No routine statewide pumping schedule. Drip disposal systems are allowed only where the county or district board of health has an operation and maintenance ordinance.","citation":"902 KAR 10:085 Section 6(14)(b)","url":"https://apps.legislature.ky.gov/law/kar/downloads/docs/8806/document.engrossed.pdf","quote":"Installed in a location in which the county or district board of health has adopted an Operation and Maintenance Ordinance"},"changes":[{"date":"2023-08-10","status":"in-force","title":"902 KAR 10:085 certified without change; next 7-year expiration 8/10/2030","citation":"902 KAR 10:085 (Cert. eff. 8-10-2023)","url":"https://apps.legislature.ky.gov/law/kar/titles/902/010/085/"},{"date":"2020-03-20","status":"in-force","title":"Technical amendment to 902 KAR 10:085","citation":"902 KAR 10:085 (TAm eff. 3-20-2020)","url":"https://apps.legislature.ky.gov/law/kar/titles/902/010/085/"}],"changesNote":"No substantive rewrite since 2017 (43 Ky.R. 1462, eff. 5-5-2017). A search for 2025-2026 Kentucky septic bills found none. Official regulation PDF (search demand for 'kentucky septic tank laws pdf'): https://apps.legislature.ky.gov/law/kar/downloads/docs/8806/document.engrossed.pdf","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"LA","name":"Louisiana","agencyShort":"your parish health unit","regulator":{"agency":"Louisiana Department of Health, Office of Public Health: an individual sewerage system needs a permit from the state health officer (Sanitary Code Part XIII §701). Parishes with their own sewage permitting systems require state health officer approval before issuing parish permits.","agencyUrl":"https://ldh.la.gov/bureau-of-sanitarian-services/wastewater","permitIssuer":"state","whoToCall":"Your parish health unit (Louisiana Department of Health, Office of Public Health sanitarian)."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No state law requires a septic inspection at sale. Sellers must complete the LREC property disclosure and attach a private sewage disclosure if not on community sewer.","citation":"La. R.S. 9:3198(A)(1); LREC 2026 Property Disclosure Document item 19; LAC 51:XIII (Sanitary Code Part XIII) checked, no sale trigger","url":"https://cdn.prod.website-files.com/6696cedcb19f4a286c91f30c/69120c0b933aa0b0fe0a9ce9_251020%20FILLABLE_%202026%20Property%20Disclosure%20Document%20(Final).pdf","quote":"SELLER shall attach a private water/sewage disclosure if the property described herein is not connected to a community sewerage system","secondSource":"https://legis.la.gov/Legis/Law.aspx?d=181357","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"La. R.S. 9:3198(A)(1) ('The seller of residential real property or vacant residential property shall complete a property disclosure document in a form prescribed by the Louisiana Real Estate Commission'); LREC Property Disclosure Document item 19 (sewerage service; number of private sewer systems)","url":"https://legis.la.gov/Legis/Law.aspx?d=181357"},"pumping":{"class":"conditional","short":"Aerobic (mechanical) plant owners must keep perpetual maintenance under an extended service contract after the 2-year warranty. Ordinary septic tanks: inspection every 6 years and pumping every 8 years is advisory ('should').","citation":"LAC 51:XIII.725.M.2 (mechanical plants); LAC 51:XIII.715.T (advisory septic pumping)","url":"https://www.law.cornell.edu/regulations/louisiana/La-Admin-Code-tit-51-SS-XIII-725","quote":"The owner is responsible for perpetual maintenance of the sewerage system and components thereof. Proof of perpetual maintenance of the system shall be provided in the form of an extended service contract."},"changes":[{"date":"2026","status":"in-force","title":"2026 LREC Property Disclosure Document: sellers must attach a private water/sewage disclosure if not on community sewer","citation":"LREC Property Disclosure Document (2026 edition, file dated 10/20/2025) under R.S. 9:3198","url":"https://lrec.gov/forms/"},{"date":"2026","status":"in-force","title":"Seller disclosure duty extended to vacant residential property","citation":"HB 1166 (2026 RS) amending La. R.S. 9:3196-3199; current §3198(A)(1) text","url":"https://legis.la.gov/Legis/Law.aspx?d=181357"}],"changesNote":"Sanitary Code Part XIII sections on Cornell LII show promulgation LR 28 (June 2002) with no later amendment notes found. Searches for 2023-2026 Louisiana septic acts found no septic-specific statute, so the 'new louisiana septic tank laws' query best matches the 2026 disclosure changes. The current R.S. 9:3198(A)(1) on legis.la.gov already includes 'vacant residential property', which is consistent with HB 1166 (2026) being enacted; its Act number and effective date were not confirmed.","notes":[],"unverified":[{"column":"changes","text":"effective date of the 2026 LREC disclosure form (file dated 2025-10-20) and the Act number/effective date of HB 1166 (2026) not confirmed"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"ME","name":"Maine","agencyShort":"your town's Local Plumbing Inspector","regulator":{"agency":"Maine CDC (Department of Health and Human Services), Subsurface Wastewater Unit, oversees the rule; permits are issued and enforced by each municipality's Local Plumbing Inspector (LPI).","agencyUrl":"https://www.maine.gov/dhhs/mecdc/services/business-services/hydrology-and-wastewater/maine-subsurface-wastewater-rules","permitIssuer":"local-mixed","whoToCall":"Your town's Local Plumbing Inspector (LPI)."},"sale":{"class":"local-option","effective":"2020-01-01","window":"before purchase (or within 9 months after transfer if weather prevents); a certified inspection within the prior 3 years also satisfies it","whoPerforms":"An inspector certified by Maine DHHS","short":"Only properties in the shoreland zone: the buyer must have the septic system inspected by a state-certified inspector, and a malfunctioning system must be fixed within one year.","citation":"30-A M.R.S. §4216(2)(A) (shoreland areas per 38 M.R.S. §435); 10-144 CMR ch. 241 §15(B)","url":"https://legislature.maine.gov/statutes/30-A/title30-Asec4216.html","quote":"shall prior to purchase have the system inspected by a person certified by the department","secondSource":"https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/rule-2023-10/10-144%20CMR%20Ch%20241%20Subsurface%20Wastewater%20Disposal%20Rule.pdf","recheck":{"url":"https://www.maine.gov/dhhs/mecdc/services/business-services/hydrology-and-wastewater/subsurface-wastewater-licensing-certification","citation":"Maine CDC/DHHS Subsurface Wastewater Licensing & Certification page (citing 30-A M.R.S. §4216)","quote":"This law requires that for such property transfers, an inspector certified by the Department must complete the inspection.","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Agency page confirms the transfer inspection applies only to shoreland-zone properties with a subsurface system; no statewide extension found (LD 543 study only). DHHS inspections.htm page returned 404."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"33 M.R.S. §173(3) (seller shall provide a property disclosure statement including waste disposal system type, tank size/location, malfunctions, leach field, last pumping/inspection); §4216(1) shoreland malfunction statement","url":"https://legislature.maine.gov/statutes/33/title33sec173.html"},"pumping":{"class":"conditional","short":"No routine schedule for ordinary septic systems. Holding tanks must be pumped yearly; advanced tertiary systems in the shoreland buffer need a maintenance contract.","citation":"10-144 CMR ch. 241 §8(C)(1)(a) (holding tanks); shoreland buffer advanced tertiary treatment maintenance contract (variance conditions)","url":"https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/rule-2023-10/10-144%20CMR%20Ch%20241%20Subsurface%20Wastewater%20Disposal%20Rule.pdf","quote":"Annual pumping required: Every holding tank must be pumped at least once per year, if the system has been used at all during that year."},"changes":[{"date":"2025-05-30","status":"in-force","title":"Resolve directing DHHS to amend septic rules to cut nutrient pollution (disposal-field short-circuiting); rule changes pending","citation":"Resolves 2025, c. 45 (LD 1550, 132nd Legislature)","url":"https://legislature.maine.gov/LawMakerWeb/summary.asp?paper=SP0634&SessionID=16"},{"date":"2023-09-23","status":"in-force","title":"New Subsurface Wastewater Disposal Rule: fill-age rules, seasonal conversions, minimum standards for transfer inspectors","citation":"10-144 CMR ch. 241 (2023)","url":"https://www.maine.gov/dhhs/about/rulemaking/subsurface-wastewater-disposal-rule-10-144-cmr-ch-241-2023-09-21"},{"date":"2020-01-01","status":"in-force","title":"Shoreland transfer inspection extended from the coastal shoreland zone to all shoreland zones statewide","citation":"PL 2019, c. 43 (LD 216), 30-A M.R.S. §4216(2)(A)","url":"https://legislature.maine.gov/statutes/30-A/title30-Asec4216.html"}],"changesNote":"The LD 1550 resolve took effect Sept 24, 2025, per the Maine Senate Democrats press release; whether DHHS has amended Chapter 241 under it was not checked. The 2020 effective date of PL 2019 c.43 comes from the DHHS LD 543 report and Senate news; the statute shows only an affected-date (AFF) note.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"MD","name":"Maryland","agencyShort":"your county health department or MDE","regulator":{"agency":"Maryland Department of the Environment. COMAR's 'Approving Authority' is the MDE Secretary or the Secretary's designee, and MDE's Onsite Systems Division directs County Health Departments and Local Approving Authorities that run the delegated onsite sewage programs.","agencyUrl":"https://mde.maryland.gov/programs/water/bayrestorationfund/onsitedisposalsystems/pages/onsitesystems.aspx","permitIssuer":"county-health","whoToCall":"Your county health department's environmental health (well and septic) office."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No state inspection at sale. Sellers must give a disclosure form (covers water and sewer systems) or a disclaimer statement.","citation":"Md. Code, Real Prop. § 10-702(c)(1), (e)(2)(i); inspector licensing only: Md. Code, Env. § 9-217.2 / COMAR 26.04.12","url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=10-702&enactments=false","quote":"The disclosure form shall include a list of defects, including latent defects, or information of which the vendor has actual knowledge in relation to the following: (i) Water and sewer systems,","secondSource":"https://mde.maryland.gov/programs/water/BayRestorationFund/OnsiteDisposalSystems/Pages/On-Site-PTIs.aspx","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Md. Code, Real Prop. § 10-702(c)(1) (vendor must deliver either a disclosure statement or a disclaimer statement); § 10-702(e)(2)(i) 'Water and sewer systems'","url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=10-702&enactments=false"},"pumping":{"class":"conditional","short":"Only BAT (nitrogen-removal) units must be inspected and serviced yearly; no statewide pump-out schedule for conventional systems.","citation":"COMAR 26.04.02.07 E(3)","url":"https://regs.maryland.gov/us/md/exec/comar/26.04.02.07","quote":""},"changes":[{"date":"2026-04","status":"not-enacted","title":"SB 165 / HB 146 (2026): septic inspection and pump-out before sale and before each new tenant from July 2028; died in conference","citation":"2026 RS SB 165 (passed Senate 29-11, stuck in House Rules); HB 146 (Senate refused to recede, no chapter)","url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0146?ys=2026RS"},{"date":"2025-11","status":"in-force","title":"Property transfer inspection licensing moved from MDE to the State Board of On-Site Wastewater Professionals","citation":"Md. Code, Env. Title 9, Subtitle 11A","url":"https://mde.maryland.gov/programs/water/BayRestorationFund/OnsiteDisposalSystems/Pages/On-Site-PTIs.aspx"},{"date":"2025","status":"not-enacted","title":"HB 747 (2025): landlord septic inspection/pump-out before new tenants from 2028 and licensing date extensions; laid over in Senate","citation":"2025 RS HB 747 (no chapter)","url":"https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0747?ys=2025RS"},{"date":"2021","status":"in-force","title":"2021 law requires anyone inspecting on-site sewage systems (e.g. for property transfers) to hold an MDE license from July 1, 2022","citation":"Md. Code, Env. § 9-217.2; COMAR 26.04.12","url":"https://mde.maryland.gov/programs/water/BayRestorationFund/OnsiteDisposalSystems/Pages/On-Site-PTIs.aspx"}],"changesNote":null,"notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"MA","name":"Massachusetts","agencyShort":"your board of health or MassDEP","regulator":{"agency":"Massachusetts DEP (Title 5, 310 CMR 15.000) administered by the local Approving Authority (board of health); local boards may enact more stringent regulations under M.G.L. c. 111, s. 31.","agencyUrl":"https://www.mass.gov/info-details/septic-systems-title-5-new-construction","permitIssuer":"county-health","whoToCall":"Your city or town board of health (the Title 5 Approving Authority)."},"sale":{"class":"required","effective":null,"window":"at or within 2 years before transfer of title (3 years if pumped yearly with records); up to 6 months after if weather prevents","whoPerforms":"A MassDEP-approved System Inspector; report goes to the board of health and buyer","short":"A Title 5 inspection is required at or within 2 years before a sale (3 years with yearly pumping records).","citation":"310 CMR 15.301(1)","url":"https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-301","quote":"Except as provided in 310 CMR 15.301(2), 15.301(3), and 15.301(4), a system shall be inspected at or within two years prior to the time of transfer of title to the facility served by the system.","secondSource":"https://www.mass.gov/info-details/massachusetts-law-about-title-5-and-septic-systems","recheck":{"url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21A/Section13","citation":"M.G.L. c. 21A, s. 13 (statutory family-transfer exemption from Title 5 transfer inspections)","quote":"The department shall not require an inspection of a system for the treatment and the disposal of sanitary sewage below the ground surface if the transfer is of residential real property","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"mass.gov pages 403. Statute presupposes the Title 5 transfer inspection and exempts spouse/parent-child/sibling/trust transfers. Berkshire Realtors (secondary) confirms 'at or within two years prior to the time of transfer'."}},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No general statutory seller disclosure form in Massachusetts (only federal/state lead-paint notice); the Title 5 inspection report serves the septic disclosure role.","url":null},"pumping":{"class":"statewide","short":"Tanks must be pumped when sludge or scum reach the outlet-tee thresholds; Title 5 says that is typically at least every 3 years. Pumpers report to the board of health.","citation":"310 CMR 15.351(1)","url":"https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-351","quote":"Pumping is required whenever the top of the sludge or solids layer is within 12 inches or less of the bottom of the outlet tee"},"changes":[{"date":"2023-07-07","status":"in-force","title":"Title 5 Nitrogen Sensitive Areas: systems in newly designated areas must use best available nitrogen-reducing technology (Cape Cod)","citation":"310 CMR 15.214-15.215, Mass. Register 1501","url":"https://www.law.cornell.edu/regulations/massachusetts/310-CMR-15-215"}],"changesNote":null,"notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"MI","name":"Michigan","agencyShort":"your county or district health department","regulator":{"agency":"No statewide residential septic code. Single- and two-family residential subsurface systems are permitted by the county/district/city local health department (LHD) under its own local sanitary code; EGLE's Onsite Wastewater Management Unit only oversees/assists LHDs (via the Local Public Health Accreditation Program) and applies the Michigan Criteria for Subsurface Sewage Disposal (MCSSD, April 1994) to multi-user/non-residential systems.","agencyUrl":"https://www.michigan.gov/egle/about/organization/drinking-water-and-environmental-health/onsite-wastewater-management","permitIssuer":"county-health","whoToCall":"Your county or district health department's environmental health division."},"sale":{"class":"local-option","effective":null,"window":null,"whoPerforms":null,"short":"No statewide rule. Some counties and district health departments (e.g. Washtenaw, Barry-Eaton) require septic inspection at sale under local ordinances.","citation":"No statewide sanitary code; local time-of-sale/transfer ordinances recognized in EGLE NPS Program Septic System Minimum Standards (Sept 2025); Seller Disclosure Act, MCL 565.957","url":"https://www.michigan.gov/egle/-/media/Project/Websites/egle/Documents/Programs/WRD/NPS/General/Septic-System-Minimum-Standards.pdf","quote":"The county or local unit of government, where the on-site wastewater treatment system(s) is being repaired or replaced, has an ordinance requiring inspection and correction at the point of sale/transfer or more frequently.","secondSource":"https://www.canr.msu.edu/news/got_water_time_of_sale_septic_inspections_can_protect_water_quality_part_1","recheck":{"url":"https://content.civicplus.com/api/assets/eabd5b16-17b6-48dd-b3ab-fd486b9c3215","citation":"Washtenaw County Regulation for the Inspection of Residential Onsite Water and Sewage Disposal Systems at Time of Property Transfer, Sec. 3:2 (authority Sec. 1:3: MCLA 333.1101 et seq., 324.1701, 46.11)","quote":"Each OWSDS in Washtenaw County shall be inspected and evaluated prior to the sale, transfer or conveyance of property upon which an OWSDS is located if certification has not been done within twelve months preceding the date of property transfer.","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Confirmed a live county TOT regulation (linked from washtenaw.org/1405). Nuance: it rests on general local health-department rulemaking power under the Public Health Code, not a state rule that expressly authorises TOT programs; Michigan has no statewide sanitary code. Barry-Eaton repealed its TOST program, so do not cite it as current. Quote is 39 words."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Seller Disclosure Act, 1993 PA 92, MCL 565.957(1) form: 'Septic tank & drain field' and 'Septic tanks/drain fields: Condition, if known:'","url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-565-957"},"pumping":{"class":"none","short":"No statewide pumping or inspection schedule; any requirement comes from a local sanitary code.","citation":"No statewide sanitary code (EGLE Onsite Wastewater Management); 2026 SB 771 would add 10-year evaluations but is not enacted","url":"https://www.michigan.gov/egle/about/organization/drinking-water-and-environmental-health/onsite-wastewater-management","quote":""},"changes":[{"date":"2026-06","status":"not-enacted","title":"SB 771 (2026): statewide sewage code within 3 years; systems 20+ years old evaluated every 10 years; pending","citation":"2026 SB 771 (S-2), on Senate third reading since 6/17/2026; no public act","url":"https://www.legislature.mi.gov/Bills/Bill?ObjectName=2026-SB-0771"},{"date":"2024-12","status":"not-enacted","title":"SB 299 / SB 300 (2023-24): statewide sewage code written by EGLE; died at end of session","citation":"2023 SB 299 (last action 12/13/2024, House committee referral; no public act)","url":"https://www.legislature.mi.gov/Bills/Bill?ObjectName=2023-SB-0299"}],"changesNote":"SB 771 is still pending, not failed, as of 2026-10-09. Its 10-year evaluation detail comes from news reports (Michigan Advance, June 2026), not the bill text.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"MN","name":"Minnesota","agencyShort":"your county SSTS program or the MPCA","regulator":{"agency":"Minnesota Pollution Control Agency rules (Minn. R. ch. 7080-7083); administered and permitted by counties (and cities/townships) through SSTS ordinances that must be at least as strict as the county ordinance; counties may adopt alternative local standards under 7082.0050 subp. 5 in limited cases.","agencyUrl":"https://www.pca.state.mn.us/business-with-us/subsurface-sewage-treatment-systems","permitIssuer":"county-health","whoToCall":"Your county's SSTS program (often planning and zoning or environmental services), or the city/township if it runs its own."},"sale":{"class":"disclosure","effective":null,"window":"before signing the purchase agreement","whoPerforms":null,"short":"No statewide inspection at sale. Sellers must give a written septic disclosure (system, map, known compliance status) and attach any prior inspection report.","citation":"Minn. Stat. §115.55, subd. 6; local inspection timing left to ordinance (§115.55, subd. 5(a); Minn. R. 7082.0700)","url":"https://www.revisor.mn.gov/statutes/cite/115.55","quote":"Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee information on how sewage generated at the property is managed.","secondSource":"https://www.revisor.mn.gov/rules/7082.0700/","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Minn. Stat. §115.55, subd. 6 (septic-specific statutory disclosure; general seller disclosure Minn. Stat. §513.52-.60 not separately checked)","url":"https://www.revisor.mn.gov/statutes/cite/115.55"},"pumping":{"class":"statewide","short":"Owners must check for leaks and measure or pump the tank at least every 3 years; pump at the 12 in / 3 in / 25% thresholds.","citation":"Minn. R. 7080.2450, subp. 2-3","url":"https://www.revisor.mn.gov/rules/7080.2450/","quote":"The owner of an ISTS or the owner's agent shall regularly, but in no case less frequently than every three years"},"changes":[{"date":"2021","status":"in-force","title":"MPCA amends 7082 inspection rules (when tank pumping is needed to finish a compliance inspection; SDS vs local permits)","citation":"45 SR 725 (Revisor ID R-04478)","url":"https://www.revisor.mn.gov/rules/7082.0700/"}],"changesNote":"Also seen but unconfirmed: MPCA request for comments on a 'Drainage Hole SSTS Rule' (R-04773, date unknown); HF 3265 (2025, straight-pipe inspector duties) introduced only. Statute 115.55 last amended 2023 c 25 s 29 (nature not checked).","notes":[],"unverified":[{"column":"changes","text":"exact effective date of 45 SR 725 amendments not confirmed (rule page published electronically 2021-01-22)"}],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"MS","name":"Mississippi","agencyShort":"the Mississippi State Department of Health","regulator":{"agency":"Mississippi State Department of Health (MSDH), Division of On-site Wastewater, statewide under Miss. Code Ann. s. 41-67; applications for new residential systems are filed with MSDH.","agencyUrl":"https://msdh.ms.gov/page/30,0,78.html","permitIssuer":"state","whoToCall":"MSDH's environmental health staff for your county (Mississippi State Department of Health)."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No inspection required at sale (MSDH recommends one). In broker-assisted sales, sellers must give a disclosure form that asks about the sewage system.","citation":"Miss. Code Ann. §§ 89-1-501 to 89-1-527 (MREC Property Condition Disclosure Statement, Sec. III item 2); MSDH Wastewater FAQ","url":"https://apps.msdh.ms.gov/WasteWaterOnlineApp/PublicWasteWaterApplicationEntryFAQ1.aspx","quote":"The State does not require the septic be inspected as part of a real estate transaction.","secondSource":"https://www.mrec.ms.gov/wp-content/uploads/2022/10/mrec_forms_PCDS_INFORMATIONAL_PAGE_2017-LEGAL.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Miss. Code Ann. §§ 89-1-501 to 89-1-527; MREC PCDS (rev. 04-19-2023) asks 'The sewage system is:' (Public/Private/Septic/Cesspool/Treatment/Lift), date of last servicing and whether it was inspected by health officials. Applies only when a licensed broker or salesperson handles the sale of 1-4 units.","url":"https://www.mrec.ms.gov/wp-content/uploads/2023/04/MREC-FORMS-PCDS-FILLABLE-FORM-LETTER-SIZE-04-19-2023.pdf"},"pumping":{"class":"conditional","short":"Owners of Advanced Treatment Systems (aerobic units) must keep a permanent maintenance contract with a certified installer or train as a qualified homeowner.","citation":"Miss. Code Ann. § 41-67-28(5); MSDH Form 924 E (Affidavit - Maintenance, Advanced Treatment System, rev. 7-1-13)","url":"https://msdh.ms.gov/page/resources/7437.pdf","quote":"I agree that I will secure a continuing maintenance agreement (contract) with a Certified Installer OR become a Qualified Homeowner (maintenance provider) for my Advanced Treatment System in perpetuity."},"changes":[],"changesNote":"None found since 2020. Checked: web search of the legislature (billstatus.ls.state.ms.us) and LegiScan for 'septic' / '41-67' bills 2024-2026. The last enacted change found was 2018 HB 331, which reenacted Ch. 41-67. 2026 HB 1049 (wastewater and rural water associations) died on the calendar 2026-03-11 and is not septic-specific.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"MO","name":"Missouri","agencyShort":"your county health department or Missouri DHSS","regulator":{"agency":"Missouri Department of Health and Senior Services sets minimum standards (RSMo 701.040); administered by the 'administrative authority', which may be the county health department, planning & zoning, building department, municipality, sewer district or DHSS, and which must comply with local codes and ordinances.","agencyUrl":"https://health.mo.gov/business-professionals/onsite-wastewater-treatment","permitIssuer":"local-mixed","whoToCall":"Your county health department or county planning/building office; DHSS's Onsite Wastewater Program where no county program exists."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":"If a lender or buyer wants one, a DHSS-licensed onsite inspector or evaluator","short":"No state inspection at sale, and no mandatory seller disclosure form. Lenders or buyers may ask for one from a DHSS-licensed inspector.","citation":"Checked 19 CSR 20-3.060 (no transfer provision); DHSS inspections-vs-evaluations page; RSMo 339.190 (mentions seller's disclosure but does not require one)","url":"https://health.mo.gov/business-professionals/onsite-wastewater-treatment/onsite-wastewater-treatment-system-inspections-versus-evaluations","quote":"","secondSource":"https://archive.legmt.gov/content/Committees/Interim/2013-2014/EQC/Meetings/January-8-9-2014/septic-study-memo.pdf","recheck":{"url":"https://revisor.mo.gov/main/OneSection.aspx?section=442.606","citation":"RSMo §442.606 (seller disclosure of methamphetamine production)","quote":"the seller or transferor shall disclose in writing to the buyer or transferee the fact that methamphetamine was produced","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Missouri's only seller-disclosure statute is narrow (meth labs); there is no general form and nothing on septic. 19 CSR 20-3.060 (LII) is a construction-standards rule with no sale or transfer trigger. Secondary sources agree there is no statutory seller disclosure form."}},"disclosure":{"mandatory":false,"asksAboutSeptic":"unverified","citation":"No statute requires a seller disclosure form. RSMo 339.190 only protects licensees over information in a seller's disclosure that has been furnished. The voluntary MREC/realtor form was not checked.","url":"https://revisor.mo.gov/main/OneSection.aspx?section=339.190"},"pumping":{"class":"none","short":"No routine schedule. The rule says pump a tank when scum nears the outlet and recommends yearly checks. Only holding tanks need a disposal contract.","citation":"19 CSR 20-3.060(4)(D) (septic tanks), (4)(E)5 (aeration units, advisory)","url":"https://www.law.cornell.edu/regulations/missouri/19-CSR-20-3-060","quote":"Yearly inspections of septic tanks are recommended"},"changes":[{"date":"2026-08-28","status":"in-force","title":"SS SB 914 (2026): state standard based on soil properties; mandatory continuing-education registration for perc-test professionals before 2027; state can take over lax county enforcement","citation":"SS SB 914 (103rd GA, 2nd Reg. Sess.), repeals and reenacts RSMo 701.040 and 701.046; signed per Governor's release of May 6, 2026","url":"https://www.senate.mo.gov/26info/pdf-bill/tat/SB914.pdf"},{"date":"2025","status":"not-enacted","title":"SB 601 (2025): DHSS to enforce state standard where local governments have not adopted it","citation":"2025 SB 601 (introduced 1/21/2025; no passage found)","url":"https://app.azure.legiplex.com/mo/legislature/2025/2025-r/bills/sb601"}],"changesNote":"SB 914's effective date is assumed to be Missouri's default of Aug 28, 2026. No emergency clause was seen, but this was not checked against the bill's final page. SB 601 (2025) final status is from a third-party tracker only.","notes":[],"unverified":[{"column":"sellerDisclosure","text":"the voluntary form was not checked. Caveat emptor appears in secondary sources only; no statute found that requires a disclosure."},{"column":"changes","text":"SB 914 effective date (assumed Aug 28, 2026) and SB 601 (2025) final status not confirmed on official pages."}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"MT","name":"Montana","agencyShort":"your county health department or Montana DEQ","regulator":{"agency":"Montana DEQ sets minimum standards (Circular DEQ-4); review/permitting by the 'reviewing authority' — DEQ, certified local departments/boards of health (76-4-104 MCA), or local boards of health/local governments that adopted the standards (50-2-116 / 76-3-504 MCA), which may be more stringent.","agencyUrl":"https://deq.mt.gov/water/Programs/eng","permitIssuer":"county-health","whoToCall":"Your county (or city-county) health department's environmental health / septic permit office."},"sale":{"class":"disclosure","effective":"2023","window":"before or when the buy-sell contract is signed","whoPerforms":null,"short":"No state inspection at sale. Since 2023, sellers must disclose known problems, including with the wastewater/septic system.","citation":"MCA 70-20-502(1)(c), (e) (En. Sec. 2, Ch. 375, L. 2023, HB 296); Circular DEQ-4 has no transfer trigger","url":"https://mca.legmt.gov/bills/mca/title_0700/chapter_0200/part_0050/section_0020/0700-0200-0050-0020.html","quote":"In any transfer of residential real property in the state, the seller shall provide a disclosure statement to a buyer","secondSource":"https://leg.mt.gov/bills/2023/HB0299/HB0296_1.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"MCA 70-20-502(1)(c) 'matters affecting the system for wastewater treatment that serves the residential real property'; (1)(e) 'any well, septic system, roof, foundation, plumbing'. Buyer may waive the statement in the offer (70-20-503).","url":"https://mca.legmt.gov/bills/mca/title_0700/chapter_0200/part_0050/section_0020/0700-0200-0050-0020.html"},"pumping":{"class":"conditional","short":"Proprietary (e.g. aerobic) and high-strength systems need a lifetime service contract. No routine pumping for conventional systems.","citation":"Circular DEQ-4 (Dec. 2023), Appendix D (Proprietary and High Strength Wastewater Treatment Systems); adopted by ARM 17.36.914","url":"https://deq.mt.gov/files/Water/WQInfo/Documents/Subdivisions/DEQ-4-2023.pdf","quote":"all proprietary and high strength wastewater treatment systems must have both an initial and a renewed service contract for the life of the system."},"changes":[{"date":"2023-12","status":"in-force","title":"Circular DEQ-4, December 2023 edition: revised subsurface wastewater standards","citation":"Circular DEQ-4 (2023 ed.), ARM 17.36.914","url":"https://deq.mt.gov/files/Water/WQInfo/Documents/Subdivisions/DEQ-4-2023.pdf"},{"date":"2023","status":"in-force","title":"Residential seller disclosure law (HB 296): sellers must disclose known adverse facts, including wastewater/septic problems","citation":"Ch. 375, L. 2023; MCA 70-20-501 to 70-20-505","url":"https://mca.legmt.gov/bills/mca/title_0700/chapter_0200/part_0050/section_0020/0700-0200-0050-0020.html"}],"changesNote":"2025 session not fully verified. HB 923 (2025) changed nondegradation exclusions for some wastewater discharges (Chapter assigned 5/19/2025 per a tracker). LC 2682 'Revise septic laws' died in drafting. Not added to changes because official pages were not checked. The Lewis and Clark County septic maintenance program (2011) is local and is not a transfer inspection.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"NE","name":"Nebraska","agencyShort":"the Nebraska Department of Water, Energy and Environment","regulator":{"agency":"Nebraska Department of Water, Energy and Environment (formerly Department of Environment and Energy; name as printed on the current registration forms in the booklet) under Title 124; residential systems are built under the statewide General Permit GTS220000 issued under Title 124 Ch. 3 s.003 and registered with the Department by certified professionals; more stringent local requirements may be adopted (Ch. 1 s.014).","agencyUrl":"https://dwee.nebraska.gov/surface-water/onsite-wastewater-program","permitIssuer":"state","whoToCall":"The Nebraska Department of Water, Energy and Environment's Onsite Wastewater Program (402-471-4285), or your county or city if it runs its own program."},"sale":{"class":"disclosure","effective":null,"window":"before the buyer signs a binding purchase contract","whoPerforms":null,"short":"No state inspection at sale. Sellers must give a disclosure form asking whether a septic system is connected and working.","citation":"Neb. Rev. Stat. § 76-2,120(2), (4)(e); NREC Seller Property Condition Disclosure Statement (Sec. C items 6a-b, Sec. E item 5); checked Neb. Admin. Code Title 124, Ch. 3 § 008 (permits transfer automatically, no inspection)","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=76-2,120","quote":"Each seller of residential real property located in Nebraska shall provide the purchaser with a written disclosure statement","secondSource":"https://nrec.nebraska.gov/sites/default/files/doc/Legal/spcd.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Neb. Rev. Stat. § 76-2,120(4)(e) 'The condition of the sewer system'; NREC SPCD: 'Are the dwelling(s) and the improvements connected to a septic system?' / 'Is the system operational?' / 'Servicing of septic system'","url":"https://nrec.nebraska.gov/sites/default/files/doc/Legal/spcd.pdf"},"pumping":{"class":"none","short":"No statewide pumping or inspection schedule. The Department may require an O&M plan as a condition of an individual permit.","citation":"Neb. Admin. Code Title 124, Ch. 3 §§ 005.08, 006.03 (O&M plan only as a permit condition)","url":"https://dwee.nebraska.gov/sites/default/files/publications/23-017%20-%20Title%20124%20Onsite%20Wastewater%20Treatment%20Systems%20Booklet_0.pdf","quote":""},"changes":[{"date":"2025-07-01","status":"in-force","title":"NDEE merged with DNR into the Department of Water, Energy, and Environment (septic program regulator renamed)","citation":"LB 317 (2025), signed May 7, 2025","url":"https://governor.nebraska.gov/node/9603"},{"date":"2022-06-27","status":"in-force","title":"Title 124 Onsite Wastewater Treatment Systems rewritten; new statewide general permits (septic/leach field, mound, lagoon, holding tank)","citation":"Neb. Admin. Code Title 124 (eff. June 27, 2022); General Permit GTS220000","url":"https://dwee.nebraska.gov/sites/default/files/publications/23-017%20-%20Title%20124%20Onsite%20Wastewater%20Treatment%20Systems%20Booklet_0.pdf"}],"changesNote":null,"notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"NV","name":"Nevada","agencyShort":"your local health authority","regulator":{"agency":"State Board of Health rules (NAC 444.750-444.8396) administered by the 'health authority' — the Division of Public and Behavioral Health or local boards of health; the administrative authority may be a state, county, city or other political subdivision agency.","agencyUrl":"https://www.dpbh.nv.gov/regulatory/hcqc/environmental-health/individual-sewage-disposal-systems/","permitIssuer":"local-mixed","whoToCall":"Southern Nevada Health District in Clark County, Northern Nevada Public Health in Washoe County, Carson City Health; elsewhere the state DPBH Environmental Health office."},"sale":{"class":"disclosure","effective":null,"window":"seller disclosure form at least 10 days before conveyance","whoPerforms":null,"short":"No state inspection at sale. Sellers must complete Nevada's disclosure form, which asks about the septic tank and leach field and the wastewater disposal type.","citation":"NRS 113.130; NAC 113.150(1)(c); NRED Form 547 (Seller's Real Property Disclosure); checked NAC 444.750-444.8396 (no transfer trigger)","url":"https://www.leg.state.nv.us/NAC/NAC-113.html","quote":"A description of the plumbing and sewer system, including, but not limited to, whether a septic tank exists on the property and the source of the supply of any water to the property;","secondSource":"https://red.nv.gov/uploadedfiles/rednvgov/Content/Forms/547.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"NRS 113.130; NAC 113.150(1)(c); Form 547 lists 'Septic tank & leach field' and '16. Wastewater Disposal: Municipal Sewer Septic System Other'. Buyer may not waive it.","url":"https://red.nv.gov/uploadedfiles/rednvgov/Content/Forms/547.pdf"},"pumping":{"class":"conditional","short":"Aerobic and nitrogen-removal units need a lifetime maintenance agreement with an approved service provider, including a yearly inspection. No routine pumping for conventional tanks.","citation":"NAC 444.8314 (aerobic units); NAC 444.8321 (nitrogen removal units)","url":"https://www.leg.state.nv.us/nac/NAC-444.html","quote":"The maintenance agreement for the individual sewage disposal system must include, without limitation, a yearly inspection of the system, and the components thereof"},"changes":[{"date":"2023-06-06","status":"in-force","title":"AB 220 (2023): no new septic systems on Colorado River-supplied properties without SNWA waiver; health districts may fund septic-to-sewer conversions","citation":"AB 220, 82nd (2023) Session","url":"https://www.southernnevadahealthdistrict.org/permits-and-regulations/sewage-septic-disposal-systems-isds/did-you-know/"}],"changesNote":"In 2025 the Southern Nevada Health District proposed 5-year operating permits ($226 per cycle) with routine inspections, later narrowed to new tanks only. Final outcome not confirmed (news reports only), so it is not listed. Northern Nevada Public Health (Washoe) regulations may require an O&M plan recorded to title for alternative systems (section 100.130).","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"NH","name":"New Hampshire","agencyShort":"NHDES","regulator":{"agency":"NH Department of Environmental Services (Subsurface Systems Bureau) approves every ISDS design and construction statewide under RSA 485-A and Env-Wq 1000; the local health officer receives certain notices.","agencyUrl":"https://www.des.nh.gov/contact/subsurface-systems-bureau","permitIssuer":"state","whoToCall":"NHDES Subsurface Systems Bureau in Concord (603-271-3501); your town health officer for local issues."},"sale":{"class":"local-option","effective":"2024-09-01","window":"before transfer; a seller's evaluation may be used if done within 180 days of transfer","whoPerforms":"NH-licensed septic system evaluator, hired by the buyer (plus a permitted designer for systems without a post-1989 state approval)","short":"Waterfront only: if the septic is within 250 ft of the shoreline reference line, the buyer needs a licensed septic evaluation before transfer.","citation":"RSA 485-A:39, I (as amended 2024, 107:3, eff. Sept. 1, 2024); Env-Wq 1025.01-1025.02 (eff. 2-1-26)","url":"https://gc.nh.gov/rsa/html/L/485-A/485-A-39.htm","quote":"Prior to the transfer of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII,","secondSource":"https://gc.nh.gov/rules/state_agencies/env-wq1000.html","recheck":{"url":"https://acworthnh.net/_files/ugd/a327e9_0471ca0431f04763aaaf4473525e9e89.pdf","citation":"NHDES Fact Sheet SSB-14 (2024), Transfers of Waterfront Properties with Septic Systems in the Protected Shoreland (hosted by Town of Acworth)","quote":"Beginning September 1, 2024, RSA 485 A:39 will require septic systems within the protected shoreland to be evaluated by a state-licensed septic system evaluator","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Confirms waterfront/protected-shoreland-only scope (systems within 250 ft of reference line); buyer responsibility. Fact sheet is an NHDES document mirrored on a town site."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"RSA 477:4-c, I(b): before a purchase and sale contract, seller must disclose sewage disposal system type, location, malfunctions, date last serviced, servicing contractor, tank size and age (amended 2024, 223:1, eff. Sept. 17, 2024)","url":"https://gc.nh.gov/rsa/html/XLVIII/477/477-4-c.htm"},"pumping":{"class":"conditional","short":"Systems with aeration tanks, or innovative/alternative technology needing professional maintenance, must have an executed service contract before approval. No routine pumping for conventional systems.","citation":"Env-Wq 1011.02 (aeration tanks); Env-Wq 1024.03(b) (innovative/alternative technology)","url":"https://gc.nh.gov/rules/state_agencies/env-wq1000.html","quote":"The department shall not give approval to operate for an ISDS having one or more aeration tanks unless the applicant provides a copy of an executed service contract for the continued maintenance of the aeration tank(s)"},"changes":[{"date":"2026-02-01","status":"in-force","title":"Env-Wq 1000 subsurface rules readopted; new Part 1025 implements waterfront transfer evaluations; annual ITA maintenance reporting from 2027","citation":"Env-Wq 1000, #14486, eff. 2-1-26","url":"https://gc.nh.gov/rules/state_agencies/env-wq1000.html"},{"date":"2024-09-17","status":"in-force","title":"Seller disclosure statute on private water and sewage systems amended","citation":"2024, 223:1; RSA 477:4-c","url":"https://gc.nh.gov/rsa/html/XLVIII/477/477-4-c.htm"},{"date":"2024-09-01","status":"in-force","title":"Waterfront transfer rule rewritten (HB 1113): buyer-side licensed septic evaluation replaces seller-side site assessment","citation":"2024, 107:3; RSA 485-A:39","url":"https://gc.nh.gov/rsa/html/L/485-A/485-A-39.htm"}],"changesNote":"The substance of the 2024, 223:1 amendment to RSA 477:4-c was not read. The HB 1113 bill number comes from bills.nhliberty.org (a lead); the chapter (2024, 107) is from the official RSA source note.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"NJ","name":"New Jersey","agencyShort":"your local board of health","regulator":{"agency":"NJ Department of Environmental Protection rules (N.J.A.C. 7:9A) administered by the 'administrative authority' = the local board of health having jurisdiction (or its authorized agent); boards may adopt 7:9A by reference or adopt a 'special ordinance' that differs, which must be filed with DEP (7:9A-3.1).","agencyUrl":"https://dep.nj.gov/dwq/wastewater/septic-systems/","permitIssuer":"local-mixed","whoToCall":"Your municipal or county board of health (the local health department's environmental health office)."},"sale":{"class":"local-option","effective":null,"window":null,"whoPerforms":"Septic system inspector following the DEP protocol (N.J.A.C. 7:9A-12.6 and Appendix E); for advanced-treatment systems, the authorized service provider","short":"No statewide sale inspection. Some towns require one by ordinance; systems with advanced pretreatment units must be inspected by the service provider at transfer.","citation":"N.J.A.C. 7:9A-12.6 (voluntary transfer-inspection protocol); N.J.A.C. 7:9A-12.3(e)2.iii (advanced pretreatment devices inspected at transfer); N.J.A.C. 7:9A-3.1 (local special ordinances)","url":"https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-7-9A-12-3","quote":"Advanced wastewater pretreatment devices and drip dispersal systems shall be inspected by an authorized service provider on the following schedule, at a minimum: ... iii. At the time of transfer of the property with the new system owner","secondSource":"https://health.salemcountynj.gov/wp-content/uploads/2023/12/Septic-System-Inspections-for-Real-Property-Transfers-min.pdf","recheck":{"url":"https://anjec.org/wp-content/uploads/2024/11/Hopewell-Septic-Ordinance-10-1503-.pdf","citation":"Hopewell Township (Mercer Co.) Ordinance No. 16-17, Testing and Reporting Requirements for Wells and Septic Systems Prior to Transfer of Property (adopted 2003, am. 2008, 2010)","quote":"The Township has established \"Minimum Requirements for the Inspection of Septic Systems Needed for the Sale, Transfer or Lease of Properties in Hopewell Township\". This document shall serve as guidance for conducting septic inspections.","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Municipal board-of-health ordinance requiring septic inspection at transfer (incl. change of tenancy); confirms local programs exist and that N.J.A.C. 7:9A sets no statewide transfer trigger (ordinance says it is in addition to state rules). Copy hosted by ANJEC, not the township; recent amendments not checked."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Real Estate Consumer Protection Enhancement Act, P.L.2024, c.32 (residential sellers must use the Division of Consumer Affairs Seller's Property Condition Disclosure Statement, eff. Aug 1, 2024); form Q35-38 ask sewage type (septic/cesspool), whether inspected, install date, last cleaned/serviced","url":"https://www.njconsumeraffairs.gov/ocp/Documents/Sellers-Property-Condition-Disclosure-Statement.pdf"},"pumping":{"class":"conditional","short":"No routine pumping rule for ordinary septic systems. Systems with advanced pretreatment units need a lifetime service contract and inspections twice yearly for 2 years, then yearly.","citation":"N.J.A.C. 7:9A-12.3(a), (e)2","url":"https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-7-9A-12-3","quote":"The owner of a system that includes an advanced wastewater pretreatment device, including all drip dispersal systems, shall have in place a service contract, throughout the life of the system, with an authorized service provider."},"changes":[{"date":"2025-04-21","status":"in-force","title":"7:9A-2.1 and 8.3 amended: advanced pretreatment devices may be certified to NSF 40/245 by other accredited bodies","citation":"R.2025 d.044 (proposed 56 N.J.R. 1140(a)); DEP Docket 06-24-05","url":"https://dep.nj.gov/wp-content/uploads/rules/adoptions/adopt_20250421a.pdf"},{"date":"2024-08-01","status":"in-force","title":"Mandatory Seller's Property Condition Disclosure Statement for residential sales (includes septic/cesspool questions) plus Flood Risk Addendum","citation":"P.L.2024, c.32 (Real Estate Consumer Protection Enhancement Act); P.L.2023, c.93","url":"https://njconsumeraffairs.gov/ocp/Pages/regulations.aspx"},{"date":"2021-07-06","status":"in-force","title":"7:9A-3.17 amended: NEHA advanced installer certification no longer required for proprietary technologies","citation":"R.2021 d.068, 53 N.J.R. (July 6, 2021); DEP Docket 02-20-05","url":"https://dep.nj.gov/wp-content/uploads/rules/adoptions/adopt_20210706a.pdf"},{"date":"2020","status":"not-enacted","title":"S569 (2020-2021): would have required sellers to give buyers septic inspection results; not enacted","citation":"NJ S569, 2020-2021 session","url":"https://legiscan.com/NJ/text/S569/2020"}],"changesNote":"Chapter 7:9A was set to expire 2026-02-04; a DEP rule calendar lists a readoption notice dated 2026-01-05 but the adopted readoption text was not located (DEP current adoptions list through 2026-09-21 shows no 7:9A readoption entry). Checked DEP notice-of-rule-adoptions (current + archive) and proposals pages.","notes":[],"unverified":[{"column":"changes","text":"2026 readoption of N.J.A.C. 7:9A (expiration 2026-02-04) not confirmed"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"NM","name":"New Mexico","agencyShort":"NMED","regulator":{"agency":"New Mexico Environment Department (NMED) issues liquid waste permits statewide under rules adopted by the Environmental Improvement Board; applies to systems receiving 5,000 gpd or less; NMED may impose more stringent permit conditions","agencyUrl":"https://www.env.nm.gov/liquid_waste/","permitIssuer":"state","whoToCall":"Your local NMED Environmental Health Bureau field office (Onsite Wastewater Program)."},"sale":{"class":"required","effective":"2005-09-01","window":"Before transfer; not needed if a final inspection or transfer evaluation was done within 180 days of the transfer","whoPerforms":"Qualified third-party evaluator (20.7.3.904(B)) on an NMED form; NMED itself inspects unpermitted systems installed after Feb 1, 2002","short":"Seller must have the septic system evaluated before transferring the property; report goes to the buyer and to NMED within 15 days.","citation":"20.7.3.902(E)-(I) NMAC; 20.7.3.904(B) NMAC","url":"https://www.srca.nm.gov/parts/title20/20.007.0003.html","quote":"Prior to the transfer of a property with an established on-site liquid waste system, the transferor of the property shall have the system evaluated.","secondSource":"https://www.env.nm.gov/septic/property-transfer-evaluations/","recheck":{"url":"https://www.law.cornell.edu/regulations/new-mexico/N-M-Admin-Code-SS-20.7.3.902","citation":"20.7.3.902(E) NMAC (Cornell LII mirror)","quote":"Prior to the transfer of a property with an established on-site liquid waste system ... the transferor of the property shall have the system evaluated","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"LII mirror of the same rule cited from SRCA; confirms seller-side evaluation before transfer."}},"disclosure":{"mandatory":"unverified","asksAboutSeptic":"unverified","citation":"No statutory seller property-condition disclosure form located in NMSA 1978 ch. 47 art. 13 (47-13-4 concerns property tax estimate); NM Association of Realtors form is contractual, not statutory","url":null},"pumping":{"class":"conditional","short":"No routine pumping schedule for conventional systems. Advanced treatment systems need a continuous NMED-approved maintenance contract and annual operating permits.","citation":"20.7.3.902(B) NMAC; 20.7.11 NMAC (annual operating permits, eff. 2020-07-01)","url":"https://www.srca.nm.gov/parts/title20/20.007.0003.html","quote":"The owner of an advanced treatment system installed after the effective date of this regulation shall enter into a department approved maintenance contract with a maintenance service provider"},"changes":[{"date":"2020-07-01","status":"in-force","title":"Liquid waste fee rule replaced; annual operating permits for advanced, alternative and holding-tank systems incl. on transfer of ownership","citation":"20.7.11 NMAC (EIB 19-42(R)), effective 7/1/2020","url":"https://www.srca.nm.gov/parts/title20/20.007.0011.html"}],"changesNote":"20.7.3 NMAC itself unchanged since 9/1/2013 per the official SRCA history note. Transfer evaluation requirement dates from the 2005 replacement rule (effective 9/1/2005) and is retained in the current 2013 text; effective date taken from the history note, not from a separate source.","notes":[],"unverified":[{"column":"sellerDisclosure","text":"no mandatory statutory seller disclosure form found; secondary sources (Nolo) say NM has no seller defect-disclosure statute, not confirmed from primary source"}],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"NY","name":"New York","agencyShort":"your county health department","regulator":{"agency":"NYS Department of Health (10 NYCRR Part 75, Appendix 75-A sets the statewide minimum); local health departments (county/city/part-county) and agencies such as the Adirondack Park Agency may set more stringent standards; NYC DEP approval also required in the NYC watershed","agencyUrl":"https://www.health.ny.gov/publications/3208/","permitIssuer":"local-mixed","whoToCall":"Your county health department (or NYSDOH district office where there is no full-service county health department); in Lake George basin also the Lake George Park Commission."},"sale":{"class":"local-option","effective":null,"window":null,"whoPerforms":"Set locally (e.g., county health department or approved inspector)","short":"No statewide sale inspection. Some counties and towns require one by local code (e.g., Cayuga County; Queensbury, Bolton, Inlet, Lake Placid).","citation":"No transfer trigger in 10 NYCRR Part 75 / Appendix 75-A; local programs: Cayuga County Sanitary Code; Town of Queensbury Code ch. 137 'Septic Inspection Upon Property Transfer' (2018); Town of Bolton (2019)","url":"https://www.queensburyny.gov/wp-content/uploads/2024/08/ADOPTED-Chapter-137-NEW-CHAPTER-Septic-Inspection-Upon-Property-Transfer-October-15-2018.pdf","quote":"","secondSource":"https://lgpc.ny.gov/nys-septic-inspection-programs","recheck":{"url":"https://townofstarmandny.gov/wp-content/uploads/2025/10/Local-Law-1-of-2025-Lake-Placid-Sepetic-Systems-10-02-2025.pdf","citation":"Town of St. Armand (Essex Co.) Local Law No. 1 of 2025, Lake Placid Lake Septic System Inspection Law, §D (Res. 57 of 2025; authority: General Municipal Law and Municipal Home Rule Law)","quote":"the owner provides documentation that the septic system has been inspected within one year prior to the closing of the conveyance, with any deficiencies having been corrected","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"A 2025 town local law (systems near Lake Placid) requiring inspection at conveyance or a signed post-closing inspection agreement, adopted under general home-rule powers. No state transfer trigger. Cayuga County site and Sanitary Code PDF returned 403; ecode360 403; Inlet PDF 404. Warren County 2021 proposed law: adoption not confirmed."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"N.Y. Real Property Law §462 (Property Condition Disclosure Act; $500 credit opt-out repealed by L.2023 ch. (A.1967/S.5400), eff. 2024-03-20); form Q36 asks sewage type (septic or cesspool) and age","url":"https://www.nysenate.gov/legislation/laws/RPP/462"},"pumping":{"class":"conditional","short":"No statewide schedule. Lake George basin systems within 500 ft of the lake (or 100 ft of certain streams) must be inspected every 5 years under state LGPC rules; some towns/counties add their own.","citation":"6 NYCRR 646-3.6 (Lake George Park Commission Wastewater Treatment System Inspection Program, eff. 2023-04-05)","url":"https://www.law.cornell.edu/regulations/new-york/6-NYCRR-646-3.6","quote":"All Wastewater Treatment Systems in the Wastewater Inspection Program Area shall be subject to a Wastewater Inspection every five years unless otherwise directed by the Commission"},"changes":[{"date":"2025-07-23","status":"in-force","title":"Septic System Replacement Fund: enhanced (nitrogen/PFAS-reducing) projects reimbursed 75% up to $25,000","citation":"L.2025 ch. 188 (S8241A/A8807), Public Authorities Law, septic system replacement fund","url":"https://www.nysenate.gov/legislation/bills/2025/S8241"},{"date":"2024-11-05","status":"in-force","title":"Suffolk County Water Quality Restoration Act: voters approve 1/8% sales tax for sewers and septic upgrades","citation":"State enabling law signed May 2024; Suffolk Proposition 2 (2024)","url":"https://suffolkcountyny.gov/Departments/Health-Services/Health-News/ArtMID/3434/ArticleID/12645/County-Executive-Ed-Romaine-Applauds-Passage-of-Historic-Clean-Water-Bill"},{"date":"2024-03-20","status":"in-force","title":"Property Condition Disclosure Act: $500 credit opt-out repealed; disclosure statement (incl. septic question) now mandatory","citation":"RPL §462 as amended by A.1967/S.5400 (signed 2023-09-22)","url":"https://www.nysenate.gov/legislation/laws/RPP/462"},{"date":"2023-04-05","status":"in-force","title":"Lake George Park Commission mandatory 5-year septic inspections near Lake George","citation":"6 NYCRR 646-3.6","url":"https://www.law.cornell.edu/regulations/new-york/6-NYCRR-646-3.6"},{"date":"2021-07-01","status":"in-force","title":"Suffolk County: I/A nitrogen-reducing septic systems required for new construction and major reconstruction (Sanitary Code Art. 6)","citation":"Suffolk County Sanitary Code Article 6 (Art. 19 governs I/A OWTS management)","url":"https://peconicestuary.org/pep-reduction-bmp/septic-waste-approved/individual-i-a-owts"}],"changesNote":"regs.health.ny.gov shows Appendix 75-A with an effective date of 2025-09-24 (per search snippet), but the site returned 403 and the content of any 2025 amendment was not verified; not listed in changes.","notes":[],"unverified":[{"column":"saleInspection","text":"Queensbury and Cayuga County primary texts not fetched (cayugacounty.gov 403); local examples taken from LGPC program survey and search snippets"},{"column":"changes","text":"possible 2025 amendment to 10 NYCRR Appendix 75-A (effective 2025-09-24) unverified"},{"column":"changes","text":"Suffolk 2021 I/A mandate verified only via Peconic Estuary Partnership and county presentation, not Sanitary Code text"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"NC","name":"North Carolina","agencyShort":"your county health department","regulator":{"agency":"NC DHHS Division of Public Health (the 'Department'), On-Site Water Protection Branch; permits (IP, CA, OP) are issued by the county/district local health department (LHD) authorized agents","agencyUrl":"https://ehs.dph.ncdhhs.gov/oswp/","permitIssuer":"county-health","whoToCall":"Your county (or district) health department's environmental health on-site wastewater section."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection at sale. Sellers must give the state disclosure form, which asks the sewage system type, permitted bedrooms and septic defects.","citation":"N.C.G.S. 47E-4(a)-(b); 21 NCAC 58A .0114(a)(9), (12)(F) (Residential Property and Owners' Association Disclosure Statement, REC 4.22); onsite rules checked: 15A NCAC 18E (no transfer inspection)","url":"http://reports.oah.state.nc.us/ncac/title%2021%20-%20occupational%20licensing%20boards%20and%20commissions/chapter%2058%20-%20real%20estate%20commission/subchapter%20a/21%20ncac%2058a%20.0114.pdf","quote":"type of water supply source and sewage disposal system, and if serviced by a septic system, identify the number of bedrooms allowed pursuant to permit;","secondSource":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47E/GS_47E-4.html","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"N.C.G.S. 47E-4 (owner must furnish the statement; may answer 'no representation'); 21 NCAC 58A .0114(a)(9) and (12)(F); exclusions in G.S. 47E-2","url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47E/GS_47E-4.html"},"pumping":{"class":"conditional","short":"Conventional gravity systems: owner-managed, no schedule. Pump, LPP and advanced systems need a certified operator (1-4 visits a year) and periodic health-department compliance inspections.","citation":"15A NCAC 18E .1301(b), Table XXXII","url":"http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2018%20-%20environmental%20health/subchapter%20e/15a%20ncac%2018e%20.1301.pdf","quote":"System management in accordance with Table XXXII shall be required for all systems installed or repaired after July 1, 1992."},"changes":[{"date":"2026-06-01","status":"in-force","title":"18E amended to conform to S.L. 2023-77, 2023-63 and 2024-49 (on-site wastewater statute changes)","citation":"15A NCAC 18E (e.g. .1301 History Note: Amended Eff. June 1, 2026); S.L. 2024-49","url":"http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2018%20-%20environmental%20health/subchapter%20e/15a%20ncac%2018e%20.1301.pdf"},{"date":"2024-01-01","status":"in-force","title":"15A NCAC 18E replaces 18A .1900 as the on-site wastewater rules; earlier permits not retroactive","citation":"15A NCAC 18E (adopted 2021); S.L. 2022-11 delay; S.L. 2023-77","url":"https://cph.dph.ncdhhs.gov/Rules/EnvHealth/15A_NCAC_18E-18A-1900.htm"}],"changesNote":null,"notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"ND","name":"North Dakota","agencyShort":"your local public health unit or ND DEQ","regulator":{"agency":"North Dakota State Plumbing Board rules (NDAC Title 62); the 'administrative authority' (ND Department of Environmental Quality, district health units, or county/city health departments) administers permits and may require higher standards","agencyUrl":"https://www.deq.nd.gov/WQ/2_NDPDES_Permits/7_SepticSystems/Septic.aspx","permitIssuer":"county-health","whoToCall":"Your local public health unit (county or district health unit) for the permit; ND DEQ for installer licensing."},"sale":{"class":"disclosure","effective":null,"window":"Before final acceptance of the purchase agreement","whoPerforms":null,"short":"No sale inspection. When an agent is involved, sellers of 1-4 unit homes must give the state disclosure form, which asks about the septic system.","citation":"N.D.C.C. §47-10-02.1; ND Real Estate Commission form SFN 62358 (01/2025) section B 'Water and Sewer'; NDAC 62-03.1-03 checked (no transfer trigger)","url":"https://ndlegis.gov/cencode/t47c10.pdf","quote":"the seller in a transaction subject to subsection 1 shall prepare a written disclosure form and shall make the written disclosure form available to the prospective buyer.","secondSource":"https://ndlegis.gov/assembly/69-2025/testimony/SINBUS-2204-20250122-30618-F-KOEBELE_COURTNEY_M.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"N.D.C.C. §47-10-02.1 (applies when a licensee represents or assists a party; 1-4 unit residential; 'Except as otherwise provided in an offer to purchase agreement'); SFN 62358 asks type of sewer system (city / septic tank with drain field), whether in working order, and septic problems","url":"https://ndlegis.gov/cencode/t47c10.pdf"},"pumping":{"class":"none","short":"No statewide pumping or inspection schedule for residential septic systems; pumpers need an annual DEQ license.","citation":"NDAC ch. 62-03.1-03 (checked; 62-03.1-03-15 licenses pumpers only)","url":"https://www.ndlegis.gov/information/acdata/pdf/62-03.1-03.pdf","quote":""},"changes":[{"date":"2025-08-01","status":"in-force","title":"SB 2267: new N.D.C.C. ch. 23.1-07.1 gives DEQ exclusive rulemaking authority over septic licensing, permitting and inspections; DEQ licenses installers","citation":"2025 SB 2267 (signed 2025-04-22); N.D.C.C. §23.1-07.1-02, -03","url":"https://ndlegis.gov/cencode/t23-1c07-1.pdf"},{"date":"2025-08-01","status":"in-force","title":"Radon disclosure added to seller disclosure obligations","citation":"2025 SB 2204, N.D.C.C. §47-10-02.2","url":"https://ndlegis.gov/cencode/t47c10.pdf"},{"date":"2025","status":"in-force","title":"Interim DEQ installer-licensing rule: local installer licenses stay valid until 2026-12-31 or DEQ rules","citation":"NDAC 33.1-21-01-01 (rule change filed 2025)","url":"https://ndlegis.gov/sites/default/files/rule-changes/changes/deq090525changes.pdf"}],"changesNote":"NDAC 62-03.1-03 last amended 2015-07-01 (history notes). DEQ says it is 'currently drafting administrative rules' under ch. 23.1-07.1, so a new septic rule may replace the Plumbing Board chapter; status not confirmed.","notes":[],"unverified":[{"column":"changes","text":"SB 2267 effective date assumed 2025-08-01 (ND default effective date) - only signing date 2025-04-22 seen in search results; interim rule effective date blank in the filed draft"},{"column":"changes","text":"radon disclosure effective 2025-08-01 per search snippet only"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"OH","name":"Ohio","agencyShort":"your county or city health district","regulator":{"agency":"Ohio Department of Health rules (OAC Chapter 3701-29, under ORC 3718.02); local (county/city) boards of health issue installation/operation permits and may adopt more stringent rules if economic impact is considered","agencyUrl":"https://odh.ohio.gov/know-our-programs/sewage-treatment-systems","permitIssuer":"county-health","whoToCall":"Your county or city health district's sewage treatment system program."},"sale":{"class":"local-option","effective":null,"window":null,"whoPerforms":"Set by the local health district's program","short":"No statewide inspection at sale. State rules recognise local real-estate transfer inspection programs run by health districts; the state disclosure form asks about the sewer system.","citation":"Ohio Adm. Code 3701-29-19(B); disclosure: R.C. 5302.30(C)-(D), Ohio Adm. Code 1301:5-6-10","url":"https://codes.ohio.gov/ohio-administrative-code/rule-3701-29-19","quote":"Monitoring and assessment of STS may also be performed upon request for real estate inspections or as part of locally established real estate transfer programs.","secondSource":"https://codes.ohio.gov/ohio-administrative-code/rule-1301:5-6-10","recheck":{"url":"https://scph.org/sites/default/files/editor/WQ/EH%20Code%20804%20Point%20of%20Sale%20Inspecitons,%202024.pdf","citation":"Summit County Combined General Health District, Environmental Health Code ch. 804 Point of Sale Inspections, §804.03(A) (eff. Sept. 1, 2008; Res. 015-24, May 9, 2024)","quote":"Each dwelling that is serviced by a PWS or STS in the SCHD shall be inspected and evaluated prior to the sale, transfer, or conveyance of any property.","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Live health-district point-of-sale rule, adopted under board-of-health powers (ORC 3709.21) and cross-referencing OAC 3701-29. Programs vary and some ended (Geauga eliminated POS for transfers from July 1, 2022; Portage is voluntary)."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"R.C. 5302.30(C) (transferors of residential property must complete the prescribed form; exemptions in (B)); Ohio Adm. Code 1301:5-6-10 form covers 'the nature of the sewer system serving the property' and 'the availability of information relating to the sewage treatment system' (eff. June 1, 2022)","url":"https://codes.ohio.gov/ohio-revised-code/section-5302.30"},"pumping":{"class":"conditional","short":"Every health district must run an O&M program; systems installed or altered since 2015 are in it, older ones phased in locally. Schedules come from operation permits and local rules.","citation":"Ohio Adm. Code 3701-29-19(A)","url":"https://codes.ohio.gov/ohio-administrative-code/rule-3701-29-19","quote":"O&M management and system owner education is required for all systems installed or altered after the effective date of this chapter."},"changes":[],"changesNote":"none found since 2020. Chapter 3701-29 rules show effective date January 1, 2015 on codes.ohio.gov (3701-29-13: Sept 30, 2019). Only related change: disclosure form rule 1301:5-6-10 re-adopted effective June 1, 2022 (not septic-specific). Checked codes.ohio.gov rule effective dates and web search for 3701-29 amendments 2023-2026.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"OK","name":"Oklahoma","agencyShort":"Oklahoma DEQ","regulator":{"agency":"Oklahoma Department of Environmental Quality (DEQ) statewide; installers obtain DEQ authorization under the general permit (or an individual permit for alternative systems) through DEQ's Oklahoma City and local DEQ offices; no county health department role in the rule","agencyUrl":"https://oklahoma.gov/deq/divisions/ecls/on-site-sewage-programs/sewage-treatment.html","permitIssuer":"state","whoToCall":"Your local DEQ Environmental Complaints & Local Services office (405-702-6100)."},"sale":{"class":"disclosure","effective":null,"window":"Before an offer is accepted","whoPerforms":null,"short":"No sale inspection required. Sellers of 1-2 unit homes must give the state disclosure form, which asks the sewer type (septic/aerobic/lagoon) and if it works.","citation":"Residential Property Condition Disclosure Act, 60 O.S. §§831-839 (§833); OREC Appendix A form (rev. 01-01-2026); OAC 252:641 checked (no transfer trigger)","url":"https://oklahoma.gov/content/dam/ok/en/orec/documents/contracts-and-forms-page/RPCD%20Act%20Updated%202025%20.pdf","quote":"whether the seller has actual knowledge of defects or information in relation to the following: a. water and sewer systems, including the source of household water, water treatment systems","secondSource":"https://oklahoma.gov/content/dam/ok/en/orec/documents/contracts-and-forms-page/2026-contract-forms/2026%20Appendix%20A%20Residential%20Property%20Condition.pdf","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"60 O.S. §833 (disclosure statement, or a disclaimer statement only if seller never occupied and has no actual knowledge of defects); OREC Appendix A: 'Sewer System Public/Private; Septic/Aerobic, Septic/Lateral Lines, Septic/Lagoon'","url":"https://oklahoma.gov/content/dam/ok/en/orec/documents/contracts-and-forms-page/RPCD%20Act%20Updated%202025%20.pdf"},"pumping":{"class":"conditional","short":"No routine pumping schedule. Aerobic systems must be maintained by the installer for 2 years at no cost; after that the owner must keep them maintained.","citation":"OAC 252:641-10-3","url":"https://oklahoma.gov/content/dam/ok/en/deq/documents/deqmainresources/641.pdf","quote":"The installer of any aerobic treatment system including those providing nitrogen reduction shall maintain the aerobic treatment system for a period of two years following the date the system was installed at no additional cost to the owner."},"changes":[{"date":"2025-11-01","status":"in-force","title":"Non-certified individuals may install only one on-site system per calendar year; DEQ must inspect it","citation":"59 O.S. §1158 (as amended effective 2025-11-01)","url":"https://oklahoma.gov/deq/divisions/ecls/on-site-sewage-programs/deq-certified-installers/certified-installer-statutory-changes-11-01-25.html"},{"date":"2024-09-15","status":"in-force","title":"Chapter 641 amendments incl. septic tank design/liquid capacity; low pressure dosing fields section revoked","citation":"41 Ok Reg, Number 23, effective 9-15-24","url":"https://oklahoma.gov/content/dam/ok/en/deq/documents/deqmainresources/641.pdf"},{"date":"2021-09-15","status":"in-force","title":"Chapter 641 amendments to soil tests and dispersal field rules","citation":"38 Ok Reg 1839, eff 9-15-21","url":"https://oklahoma.gov/content/dam/ok/en/deq/documents/deqmainresources/641.pdf"},{"date":"2020-09-15","status":"in-force","title":"Chapter 641 broad amendment (definitions, operation/maintenance, aerobic systems, fees)","citation":"37 Ok Reg 1296, eff 9-15-20","url":"https://oklahoma.gov/content/dam/ok/en/deq/documents/deqmainresources/641.pdf"}],"changesNote":"Rule amendment dates read from Source notes in the official DEQ Chapter 641 PDF; content of each amendment summarised from which sections changed, not from the rulemaking preambles. HB1866 (2025, polybutylene pipe disclosure) seen only as introduced; not included.","notes":[],"unverified":[{"column":"changes","text":"59 O.S. §1158 amending session law number not identified (DEQ FAQ cited)"}],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"OR","name":"Oregon","agencyShort":"your county onsite program or Oregon DEQ","regulator":{"agency":"Oregon DEQ (Environmental Quality Commission rules, OAR 340 div. 071/073); permits issued by DEQ or by 'contract counties' acting as DEQ's agent under OAR 340-071-0120","agencyUrl":"https://www.oregon.gov/deq/Residential/Pages/Onsite.aspx","permitIssuer":"local-mixed","whoToCall":"Your county's onsite (septic) program office - either the county acting as DEQ's contract agent or the DEQ regional office."},"sale":{"class":"disclosure","effective":null,"window":"Seller delivers the disclosure statement to each buyer who makes a written offer","whoPerforms":null,"short":"No sale inspection required; an existing-system evaluation is available on request. Sellers must give the statutory disclosure form with detailed septic questions.","citation":"ORS 105.464-105.465 (sellers property disclosure statement, Section 3 'Sewage System'); OAR 340-071-0155 (Existing System Evaluation Report, on request only)","url":"https://www.oregonlegislature.gov/bills_laws/ors/ors105.html","quote":"If required under ORS 105.465, a seller shall deliver in substantially the following form the sellers property disclosure statement to each buyer who makes a written offer to purchase real property in this state","secondSource":"https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-071-0155","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"ORS 105.465 (delivery duty, with listed exemptions); ORS 105.464 form section 3.C asks whether on-site septic, install date, permit, repairs, evaluation report, pumping history, pump, treatment unit, service contract","url":"https://www.oregonlegislature.gov/bills_laws/ors/ors105.html"},"pumping":{"class":"conditional","short":"No pumping schedule for standard systems. Alternative treatment technology (ATU) and certain sand filter systems need a perpetual service contract and at least annual inspection.","citation":"OAR 340-071-0132 (Operation and Maintenance, eff. 2026-01-01)","url":"https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-071-0132","quote":"Service contracts for inspecting, operating, and maintaining onsite systems, must be perpetual and continuous."},"changes":[{"date":"2026-07-01","status":"in-force","title":"DEQ onsite program fees increase 33%","citation":"OAR 340-071 fee rules (DEQ notice on onsite program page)","url":"https://www.oregon.gov/deq/Residential/Pages/Onsite.aspx"},{"date":"2026-01-01","status":"in-force","title":"First substantial onsite rule rewrite since 2014: new O&M section, ADU and sewer-availability rules, high-risk area protections","citation":"DEQ 29-2025 (filed 2025-10-01), OAR 340-071 and 340-073; new OAR 340-071-0132","url":"https://www.oregon.gov/deq/rulemaking/adopted/Pages/Onsite2025.aspx"}],"changesNote":"The 2026 rules respond to bills enacted by the 2023 Legislature on sewer availability and ADUs (bill numbers not identified). Fee rule section number not confirmed.","notes":[],"unverified":[{"column":"changes","text":"exact fee rule number and the 2023 bill numbers behind the 2026 rewrite not verified"}],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"PA","name":"Pennsylvania","agencyShort":"your municipality's Sewage Enforcement Officer","regulator":{"agency":"PA Department of Environmental Protection sets the standards (25 Pa. Code Ch. 73 under the Pennsylvania Sewage Facilities Act); permits are issued by the local agency's Sewage Enforcement Officer (SEO) - municipalities, joint local agencies or county health departments","agencyUrl":"https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/wastewater-management/act-537-sewage-facilities-program/onlot-disposal-system","permitIssuer":"local-mixed","whoToCall":"Your municipality's Sewage Enforcement Officer (SEO) - through the township/borough office, joint local agency or county health department."},"sale":{"class":"local-option","effective":null,"window":null,"whoPerforms":"Set by local ordinance (typically the SEO or a certified inspector)","short":"No statewide sale inspection. Municipal sewage management programs may require one; e.g., Shrewsbury Township (York Co.) requires SEO certification within 120 days before transfer.","citation":"25 Pa. Code §§71.71-71.73 (municipal sewage management programs); no transfer trigger in 25 Pa. Code Ch. 73; local example: Shrewsbury Township (York Co.) Code ch. 18, Real Estate Transfer part (Ord. 92-10, am. 1993) / §18-112","url":"https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/025/chapter71/s71.73.html","quote":"","secondSource":"https://www.ecode360.com/28529636","recheck":{"url":"https://www.law.cornell.edu/regulations/pennsylvania/25-Pa-Code-SS-71-73","citation":"25 Pa. Code §71.73(b)(1) (sewage management program contents), via Cornell LII","quote":"Identification of the specific legal authority to be used by municipal officials to enter lands and make inspections of onlot sewage facilities.","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"State rule provides for municipal sewage management programs with inspections but names no transfer trigger and does not expressly mention time-of-sale; TOT inspections exist only by local ordinance. Could not read a second local TOT ordinance from primary text: ecode360 (Shrewsbury Twp ch. 18 §18-112) returned 403 and the township transfer-form PDF 404; township site search snippet says sale requires SEO pumping+inspection. Other PA programs found (Manheim, West Pikeland, Honey Brook) are periodic or permit-triggered, not sale-triggered."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Real Estate Seller Disclosure Law, 68 Pa.C.S. §7303 (mandatory) and §7304(8) 'Water and sewage systems or service'","url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=68&div=0&chpt=73&sctn=4&subsctn=0"},"pumping":{"class":"conditional","short":"No statewide schedule. Municipalities with sewage management programs must require pumping at least every 3 years or when solids exceed 1/3 of tank depth.","citation":"25 Pa. Code §71.73(b)(2)(i)","url":"https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/025/chapter71/s71.73.html","quote":"Removal of septage or other solids from treatment tanks once every 3 years or whenever an inspection program reveals that the treatment tanks are filled with solids in excess of 1/3 of the liquid depth of the tank"},"changes":[{"date":"2025-04-16","status":"future","title":"DEP draft proposed rulemaking to update Chapters 71-73 (first comprehensive update since 1997) presented to Sewage Advisory Committee","citation":"25 Pa. Code Chs. 71, 72, 73 (draft; not yet published as proposed rule as far as found)","url":"https://crawler.dep.state.pa.us/PublicParticipation/Advisory%20Committees/AdvCommPortalFiles/SAC/2025-04-16/SAC%20PowerPoint%203.25.2025.pdf"},{"date":"2020","status":"in-force","title":"Act 34 of 2020 (SB 1030): DEP must accept alternate onlot systems for general site suitability in new land development planning","citation":"Act 34 of 2020, amending Sewage Facilities Act §5(c.1)-(c.2), 35 P.S. §750.5","url":"https://files.dep.state.pa.us/Water/BPNPSM/WastewaterManagement/Act537/SEO/Act_34_FAQ.pdf"}],"changesNote":"Chapters 71-73 last substantively amended 1997 (Pa. Code source notes for §§71.73, 73.1, 73.31, 72.25). Pumping-mandate cell reused from prior verification (25 Pa. Code §71.73(b)(2)(i)); quote re-read today.","notes":[],"unverified":[{"column":"saleInspection","text":"Shrewsbury Township ordinance text not read directly (ecode360 403; township PDF 404) - known from search snippets only; no state rule expressly authorises transfer inspections - class reflects municipal programs under §71.71-71.73"},{"column":"changes","text":"2025 Chapter 71-73 draft rulemaking status after April 2025 not confirmed (no Pa. Bulletin proposed rule found)"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"RI","name":"Rhode Island","agencyShort":"RI DEM","regulator":{"agency":"Rhode Island Department of Environmental Management (DEM), Office of Water Resources - OWTS program; statewide permitting by DEM (Director's written approval required); no county/local health department permitting","agencyUrl":"https://dem.ri.gov/environmental-protection-bureau/compliance-and-inspection","permitIssuer":"state","whoToCall":"RI DEM's Office of Water Resources OWTS program (permits) or DEM Compliance & Inspection (complaints)."},"sale":{"class":"required-cesspool","effective":null,"window":"Inspection (only when the disposal method is unknown) before sale; any cesspool must be replaced within 12 months after sale","whoPerforms":"DEM-licensed System Inspector","short":"Any cesspool must be replaced within 12 months of sale; if the system type is unknown, a licensed inspector must check before sale.","citation":"R.I. Gen. Laws §23-19.15-12 (P.L. 2015, ch. 163 & 185); 250-RICR-150-10-6.57(C)(2); R.I. Gen. Laws §5-20.8-13 (10-day buyer inspection period)","url":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-19.15/23-19.15-12.htm","quote":"Should the manner of wastewater disposal be unknown, an inspection shall be conducted to determine if a cesspool is present on the property. This inspection shall be done by a system inspector prior to the time of sale or transfer.","secondSource":"https://www.law.cornell.edu/regulations/rhode-island/250-RICR-150-10-6.57","recheck":{"url":"https://codes.findlaw.com/ri/title-23-health-and-safety/ri-gen-laws-sect-23-19-15-12/","citation":"R.I. Gen. Laws 23-19.15-12(a) (FindLaw mirror, current as of 2026-01-01)","quote":"Any cesspool found to be serving a building or use subject to sale or transfer shall be removed and replaced with an OWTS ... within twelve (12) months of the date of sale or transfer","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Confirms cesspool-at-sale rule (replace or sewer-connect within 12 months; inspector checks before sale only if disposal method unknown). Consistent with 'Required: cesspools only' display. DEM 2025 NOV also cites 6.57(C)."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"R.I. Gen. Laws §5-20.8-2 (written disclosure before signing any agreement; form item 'Sewage System - Assessment, Annual Fees, Type, Cesspool/Septic Location, Last Pumped, Maintenance History, Defects' plus statutory cesspool notice)","url":"https://webserver.rilegislature.gov/Statutes/TITLE5/5-20.8/5-20.8-2.htm"},"pumping":{"class":"conditional","short":"No statewide pumping schedule. Owners must keep an operations and maintenance agreement for life where an alternative/advanced technology approval or permit requires it.","citation":"250-RICR-150-10-6.55(A)","url":"https://www.law.cornell.edu/regulations/rhode-island/250-RICR-150-10-6.55","quote":"Where required by an Alternative or Experimental Technology approval or under the terms of the approved OWTS Application, the property owner shall maintain a valid operations and maintenance agreement for the life of the OWTS."},"changes":[{"date":"2026-02-11","status":"not-enacted","title":"H 7635 (2026): would amend cesspool-at-transfer rule to require a no-cesspool certificate in purchase contracts","citation":"2026 -- H 7635 (referred to House Judiciary); §23-19.15-12 unchanged as of 2026-10-09","url":"https://webserver.rilegislature.gov/BillText26/HouseText26/H7635.htm"},{"date":"2022-07-01","status":"in-force","title":"OWTS rules amended again (incl. §6.55 and §6.57)","citation":"250-RICR-150-10-6, amended effective 7/1/2022","url":"https://www.law.cornell.edu/regulations/rhode-island/250-RICR-150-10-6.57"},{"date":"2021-12-28","status":"in-force","title":"OWTS rules amended (incl. §6.55 O&M and §6.57 cesspool phase-out sections)","citation":"250-RICR-150-10-6, amended effective 12/28/2021","url":"https://www.law.cornell.edu/regulations/rhode-island/250-RICR-150-10-6.57"}],"changesNote":"No amendments to R.I. Gen. Laws ch. 23-19.15 since P.L. 2015 ch. 163/185 (history notes on official statute pages; chapter index shows §§1-12 only). Content of the 2021/2022 OWTS rule amendments not reviewed. H 7635 status inferred from unchanged statute text, not from a bill-status page.","notes":[{"title":"Cesspools only","text":"Rhode Island's sale rule reaches cesspools. Any cesspool must be replaced within 12 months of the sale, and an inspection is needed before the sale only if no one knows what kind of system the property has. A permitted septic system needs nothing extra at sale."}],"unverified":[{"column":"regulator","text":"dem.ri.gov OWTS program page could not be fetched (403); compliance page used as fallback"},{"column":"saleInspection","text":"effective date of P.L. 2015 ch. 163/185 (likely 2016-01-01) not confirmed"},{"column":"changes","text":"substance of 2021-12-28 and 2022-07-01 OWTS rule amendments not reviewed; H 7635 final status not confirmed"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"SC","name":"South Carolina","agencyShort":"SCDES","regulator":{"agency":"South Carolina Department of Environmental Services (SCDES, successor to DHEC's environmental programs as of July 1, 2024) issues onsite wastewater permits (permit to construct and approval to operate) statewide; no county health department permitting","agencyUrl":"https://des.sc.gov/septic","permitIssuer":"state","whoToCall":"SCDES Onsite Wastewater (OSWW) central office, 1-855-731-2504, or your local SCDES regional office."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection is required at sale; the seller's mandatory residential disclosure statement must cover the sanitary sewage disposal system.","citation":"S.C. Code Ann. § 27-50-40(A)(1) (Residential Property Condition Disclosure Act); R.61-56 contains no transfer trigger","url":"https://www.scstatehouse.gov/code/t27c050.php","quote":"the water supply and sanitary sewage disposal system;","secondSource":null,"recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"S.C. Code Ann. §§ 27-50-40(A), 27-50-50 (exemptions in § 27-50-30, incl. written waiver by both parties)","url":"https://www.scstatehouse.gov/code/t27c050.php"},"pumping":{"class":"conditional","short":"No routine pumping schedule. Engineer-designed 'specialized' (Standard 610) systems with mechanical parts need an O&M plan recorded with the deed.","citation":"S.C. Code Regs. R.61-56, Appendix Q, System Standard 610 (1)(b)(v)","url":"https://des.sc.gov/sites/des/files/Library/Regulations/R.61-56.pdf","quote":"O&M plans must be recorded along with the property deed and must run with the land."},"changes":[{"date":"2024-07-01","status":"in-force","title":"DHEC split: septic permitting moves to new SC Department of Environmental Services (SCDES)","citation":"2023 S.C. Act No. 60","url":"https://des.sc.gov/sites/des/files/Library/Regulations/R.61-56.pdf"},{"date":"2022-07-01","status":"in-force","title":"R.61-56 rewrite: 3-tier installer licensing, backhoe pits above Fall Line, private soil work for 10+ lot subdivisions","citation":"S.C. Code Regs. R.61-56 (revised; effective July 1, 2022)","url":"https://www.des.sc.gov/sites/des/files/media/document/OSWWRegChangesFactSheet.pdf"}],"changesNote":"A follow-up R.61-56 amendment to conform references to SCDES (Notice of Drafting, State Register Aug 23, 2024) was found but its final adoption date was not verified.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"SD","name":"South Dakota","agencyShort":"South Dakota DANR","regulator":{"agency":"South Dakota Department of Agriculture and Natural Resources (DANR; rule text refers to 'the secretary'). Conventional individual systems may be designed and installed per the chapter without state plan review; non-conventional systems and deviations need secretary approval. Counties/municipalities may run their own permit programs (not stated in this chapter).","agencyUrl":"https://danr.sd.gov/Agriculture/Livestock/FeedlotPermit/Septic/default.aspx","permitIssuer":"local-mixed","whoToCall":"Your county or city zoning/planning office if it runs a septic permit program; otherwise DANR's on-site wastewater program, (605) 773-4647."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection at sale. The mandatory seller disclosure form asks if the sewer is private and when the septic tank was last pumped.","citation":"SDCL 43-4-38 and 43-4-44 (property condition disclosure statement); ARSD ch. 74:53:01 has no transfer trigger","url":"https://sdlegislature.gov/Statutes/43-4-44","quote":"Is the sewer system (select one) _____public or _____ private If private, what is the date of the last time septic tank was pumped?","secondSource":null,"recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"SDCL 43-4-38 (seller shall furnish completed disclosure statement before written offer); SDCL 43-4-44 (form)","url":"https://sdlegislature.gov/Statutes/43-4-38"},"pumping":{"class":"none","short":"No statewide pumping or inspection schedule; the secretary may inspect any system at any time.","citation":"ARSD ch. 74:53:01 (reviewed 74:53:01:01-44; 74:53:01:42 inspection authority only)","url":"https://sdlegislature.gov/Rules/Administrative/74:53:01","quote":""},"changes":[{"date":"2021-04-19","status":"in-force","title":"DENR merged into new Department of Agriculture and Natural Resources (DANR); septic rule definitions updated","citation":"SL 2021, ch 1, §§ 8, 19 (source note to ARSD 74:53:01:01)","url":"https://sdlegislature.gov/Rules/Administrative/74:53:01:01"}],"changesNote":"Septic rule substance unchanged since 23 SDR 180 (April 30, 1997) per section source notes; checked source notes for 74:53:01:01-03, 09, 14, 23, 40-42.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"TN","name":"Tennessee","agencyShort":"TDEC","regulator":{"agency":"Tennessee Department of Environment and Conservation (TDEC), Division of Water Resources; construction permit issued by the Commissioner is required before building, altering or repairing a system; installers need an annual permit.","agencyUrl":"https://www.tn.gov/environment/permits/water/septic-systems-permits/ssp/wr-sds-regulations-to-govern-subsurface-sewage-disposal-systems.html","permitIssuer":"state","whoToCall":"Your TDEC Division of Water Resources field office (or the county health department in counties under a TDEC contract)."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection at sale. Sellers of 1-4 unit homes must give the statutory disclosure form (asks about septic defects) unless the buyer waives it.","citation":"Tenn. Code Ann. §66-5-202 and §66-5-210 form ('Waste Disposal: City Sewer / Septic Tank'; 'Sewer/Septic' defects); §66-5-212(a) known percolation test results; onsite rules checked: Tenn. Comp. R. & Regs. 0400-48-01 (no transfer inspection)","url":"https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-5-202/","quote":"the owner of the residential property shall furnish to a purchaser one of the following:","secondSource":"https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-5-210/","recheck":null},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Tenn. Code Ann. §§66-5-202, 66-5-210 (Tennessee Residential Property Disclosure Act; a disclaimer is allowed only where the purchaser waives disclosure; exemptions §66-5-209). §66-5-212(a) separately requires disclosing known percolation/soil absorption test results.","url":"https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-5-210/"},"pumping":{"class":"conditional","short":"No routine pumping rule, but advanced treatment systems (ATS) need a perpetual contract with an approved maintenance provider and visits every 3 months.","citation":"Tenn. Comp. R. & Regs. 0400-48-01-.10 (ATS), maintenance providers under 0400-48-01-.23","url":"https://www.law.cornell.edu/regulations/tennessee/Tenn-Comp-R-Regs-0400-48-01-.10","quote":"The property owner at the time of initial installation of the ATS and any subsequent owner, for the life of the system, shall have in effect a contract for operation and maintenance of the ATS with an approved maintenance provider"},"changes":[{"date":"2026","status":"in-force","title":"Septic pumpers who dump sewage unlawfully: Class B misdemeanor and permit suspension/revocation","citation":"Pub. Ch. 763 (2026), HB 2355/SB 2532, signed 2026-04-24","url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2355&GA=114"},{"date":"2025-04","status":"in-force","title":"TDEC may grant variances in contract counties that supersede stricter local rules; may require recording with register of deeds","citation":"Pub. Ch. 208 (2025), SB 113/HB 199, amending T.C.A. 68-221 Part 4","url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0113&GA=114"},{"date":"2025-04","status":"in-force","title":"10-business-day review deadline for septic permit applications submitted by soil scientists","citation":"Pub. Ch. 229 (2025), SB 883/HB 1137","url":"https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0883&GA=114"}],"changesNote":"No rewrite of rule chapter 0400-48-01 found since 2020 (TDEC page/Justia current to Sept 2024). These 2025-26 public chapters likely explain the 'new TN septic laws' search demand the outline could not explain.","notes":[],"unverified":[{"column":"changes","text":"exact effective dates of Pub. Ch. 208 and 229 (capitol.tn.gov shows 04/15/2025 and 04/21/2025 alongside signing 04/29/2025) and Pub. Ch. 763 (page shows garbled '07/01/20256', likely 2026-07-01)"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"TX","name":"Texas","agencyShort":"your county's authorized agent or TCEQ","regulator":{"agency":"Texas Commission on Environmental Quality (TCEQ); the executive director is the permitting authority unless a local governmental entity (an 'authorized agent', e.g. county or city) has an OSSF order, ordinance or resolution approved by the executive director. Permitting, construction etc. follow Chapter 285 or the authorized agent's order.","agencyUrl":"https://www.tceq.texas.gov/permitting/ossf","permitIssuer":"local-mixed","whoToCall":"Your county or city OSSF authorized agent; where there is none, the TCEQ regional office."},"sale":{"class":"disclosure","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection is required at sale, but sellers of a one-unit home must give the statutory disclosure notice, which lists the septic system.","citation":"Tex. Prop. Code §5.008(a)-(b) (notice items 'Septic System' and 'Plumbing/Sewers/Septics'); onsite code checked: 30 TAC Chapter 285 (no transfer inspection)","url":"https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm#5.008","quote":"A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section","secondSource":"https://capitol.texas.gov/tlodocs/88R/billtext/pdf/SB00864I.pdf","recheck":{"url":"https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00697F.htm","citation":"88(R) HB 697 enrolled, Sec. 1 amending Tex. Prop. Code §5.008(b) (prescribed seller's disclosure notice)","quote":"Plumbing System ... Septic System ... Public Sewer; item 3: Plumbing/Sewers/Septics","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"The 2023 enrolled amendment of the 5.008(b) form keeps 'Septic System' in the item list and 'Plumbing/Sewers/Septics' in the defects question. The quote is fragments of the form checklist, not one sentence. The texas.public.law mirror left out the form body, and the TREC OP-H PDF text could not be extracted here."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Tex. Prop. Code §5.008 (one-dwelling-unit residential sellers; exemptions in §5.008(e) e.g. foreclosure, estate fiduciaries, new homes). Form item 1 lists 'Septic System'; item 3 asks about defects in 'Plumbing/Sewers/Septics'.","url":"https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm#5.008"},"pumping":{"class":"conditional","short":"No routine pumping rule, but systems listed in §285.91(12) (e.g. aerobic units) need a 2-year service policy, then a maintenance contract or owner self-maintenance.","citation":"30 TAC §285.7(a), (c), (d)(4); §285.91(12)","url":"https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-7","quote":"At the end of the initial two-year service policy, the owner of an OSSF for a single family residence shall either maintain the system personally or obtain a new maintenance contract."},"changes":[{"date":"2025-05-15","status":"not-enacted","title":"HB 5549 (89th Leg.) on OSSF regulation and planning, penalties and fees; died on House General State Calendar","citation":"Tex. H.B. 5549, 89th Leg., R.S. (2025)","url":"https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5549"},{"date":"2023-07-06","status":"in-force","title":"TCEQ amends Chapter 285: risers over all inspection ports, maintenance-tag info, 10-acre tract clarifications","citation":"Rule Project No. 2021-030-285-CE; 48 TexReg (June 30, 2023)","url":"https://www.tceq.texas.gov/downloads/rules/adoptions/21030285_ado.pdf/@@download/file/21030285_ado.pdf"}],"changesNote":null,"notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"UT","name":"Utah","agencyShort":"your local health department","regulator":{"agency":"Utah Department of Environmental Quality, Division of Water Quality, and the local health department having jurisdiction (together the 'regulatory authority'), which conducts plan review and issues construction permits; the regulatory authority may require larger capacity for unusual circumstances.","agencyUrl":"https://deq.utah.gov/water-quality/onsite-wastewater-program","permitIssuer":"county-health","whoToCall":"Your local health department (county or multi-county health district) environmental health office."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"No statewide septic inspection or statutory seller disclosure at sale; alternative systems carry a recorded notice in the property's chain of title.","citation":"Checked Utah Admin. Code R317-4 (no transfer trigger; R317-4-11 recorded notice for alternative systems) and Utah Code Title 57 (only meth-contamination disclosure, § 57-27-201)","url":"https://www.law.cornell.edu/regulations/utah/Utah-Admin-Code-R317-4-11","quote":"","secondSource":null,"recheck":null},"disclosure":{"mandatory":false,"asksAboutSeptic":"unverified","citation":"No general statutory seller disclosure found in Utah Code Title 57 (Utah Code § 57-27-201 covers meth contamination only). The Real Estate Commission-approved purchase contract (REPC) calls for seller disclosures contractually; that form's septic questions were not checked.","url":"https://le.utah.gov/xcode/Title57/Chapter27/57-27-S201.html"},"pumping":{"class":"conditional","short":"No routine pumping rule for conventional systems. Alternative systems (mound, packed bed, pressure distribution, etc.) must be inspected on a state minimum schedule.","citation":"Utah Admin. Code R317-4-11(4); R317-4-13 Tables 7.1-7.2","url":"https://www.law.cornell.edu/regulations/utah/Utah-Admin-Code-R317-4-11","quote":"Each alternative system shall be inspected as outlined in Sections R317-4-13 Table 7.1 and R317-4-13 Table 7.2."},"changes":[{"date":"2023-06-29","status":"in-force","title":"Onsite Wastewater Systems rule R317-4 amended (incl. O&M and inspection tables)","citation":"Utah State Bulletin 2023-14 (R317-4-11, R317-4-13)","url":"https://www.law.cornell.edu/regulations/utah/Utah-Admin-Code-R317-4-13"}],"changesNote":"Content of the 2023 amendment not itemized (DAR filing not retrieved). Searched le.utah.gov via web search for 2024-2026 septic bills; none found.","notes":[],"unverified":[{"column":"sellerDisclosure","text":"no statutory form; contractual REPC/UAR seller disclosure form not checked"},{"column":"pumpingMandate","text":"exact frequency per system type in Table 7.1 not readable from the mirror"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"VT","name":"Vermont","agencyShort":"the Vermont DEC","regulator":{"agency":"Vermont Agency of Natural Resources, Department of Environmental Conservation (Drinking Water and Groundwater Protection Division) issues wastewater system and potable water supply permits; a municipality may receive full or partial delegation to administer the permitting program in lieu of the Agency (Subchapter 6).","agencyUrl":"https://dec.vermont.gov/drinking-water-and-groundwater-protection/wastewater-systems-and-potable-water-supply-program","permitIssuer":"state","whoToCall":"The DEC Drinking Water and Groundwater Protection Division regional office for your town (or your town, if it has delegated permitting)."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection or statutory seller disclosure at sale; the property transfer tax return only notes the property may be subject to wastewater rules.","citation":"Checked Vt. Wastewater System and Potable Water Supply Rules (eff. 11/06/2023; no transfer inspection trigger) and 32 V.S.A. § 9606(b) (transfer return notice only)","url":"https://legislature.vermont.gov/statutes/section/32/231/09606","quote":"","secondSource":null,"recheck":null},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No general seller disclosure statute found; 32 V.S.A. § 9606(b) requires only a notice on the transfer tax return that the property 'may be subject to regulations governing potable water supplies and wastewater systems under 10 V.S.A. chapter 64'. Licensed brokers must disclose known material facts (26 V.S.A. § 2296).","url":"https://legislature.vermont.gov/statutes/section/32/231/09606"},"pumping":{"class":"conditional","short":"No routine pumping rule. Innovative/alternative systems carry state-approval conditions on owner O&M and inspections with reports to the Secretary.","citation":"Vt. Wastewater System and Potable Water Supply Rules § 1-401(c)(1)-(2)","url":"https://dec.vermont.gov/sites/dec/files/dwgwp/rorules/pdf/Wastewater%20System%20and%20Potable%20Water%20Supply%20Rules%20Effective%2011.06.2023.pdf","quote":"requirements for inspections to be completed and inspections reports be submitted to the Secretary when necessary to confirm the system or component is functioning in a manner that meets the manufacturer's specifications;"},"changes":[{"date":"2026","status":"not-enacted","title":"H.882: would require servicing/cleaning of wastewater systems at least every three years","citation":"H.882 (2025-2026 session), referred to House Environment 2/4/2026, no further action","url":"https://legislature.vermont.gov/bill/status/2026/H.882"},{"date":"2026","status":"not-enacted","title":"H.746: potable water supply and wastewater system permitting changes","citation":"H.746 (2025-2026 session), referred to House Environment 1/22/2026","url":"https://legislature.vermont.gov/bill/status/2026/H.746"},{"date":"2023-11-06","status":"in-force","title":"Wastewater System and Potable Water Supply Rules amended (restores 18-inch bedrock separation for certain systems, among other fixes)","citation":"Vt. Rule 23P016","url":"https://secure.vermont.gov/SOS/rules/display.php?r=894"}],"changesNote":"The ANR Technical Advisory Committee's 2024 report mentions preparing a major Wastewater Rules update; no adopted rule newer than 11/06/2023 found. H.746 status taken from a third-party tracker (fastdemocracy) and not confirmed on the legislature site.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"VA","name":"Virginia","agencyShort":"your VDH health district","regulator":{"agency":"Virginia Department of Health; construction permits are issued by the State Health Commissioner, with applications directed to the district or local health department.","agencyUrl":"https://www.vdh.virginia.gov/environmental-health/onsite-sewage-water-services-updated/","permitIssuer":"state-district","whoToCall":"Your local health department (VDH health district) environmental health office."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"No inspection required at sale. Virginia's mandatory disclosure is buyer-beware and expressly makes no septic representations; inspections that are requested must follow 2025 standards.","citation":"Checked Va. Code § 55.1-703(B)(8) (disclosure disclaims wastewater systems); Va. Code §§ 59.1-310.7 to -310.10 (2025 c. 103: standards for requested septic inspections, no mandate); 12VAC5-610/613","url":"https://law.lis.virginia.gov/vacode/title55.1/chapter7/section55.1-703/","quote":"","secondSource":"https://law.lis.virginia.gov/vacodefull/title59.1/chapter24.2","recheck":{"url":"https://law.lis.virginia.gov/vacode/55.1-703/","citation":"Va. Code §55.1-703(A),(B)(8)","quote":"makes no representations with respect to the presence of any wastewater system ... including any costs or requirements related to the pump-out of septic tanks","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Confirms the mandatory statement is buyer-beware and disclaims septic, so it is not 'disclosure' (the form does not ask about septic). The URL differs from the row's only in path (same official LIS host); the virginia.public.law mirror would not resolve. The quote joins two verbatim fragments."}},"disclosure":{"mandatory":true,"asksAboutSeptic":false,"citation":"Va. Code § 55.1-703(A), (B)(8): mandatory residential property disclosure statement, but the owner 'makes no representations with respect to the presence of any wastewater system' and buyers are told to do their own due diligence, including pump-out costs","url":"https://law.lis.virginia.gov/vacode/title55.1/chapter7/section55.1-703/"},"pumping":{"class":"conditional","short":"Chesapeake Bay Preservation Areas: pump out every 5 years. Statewide, alternative (AOSS) systems need a licensed operator visit at least every 12 months.","citation":"9VAC25-830-130(7)(a); 12VAC5-613-150 Table 4","url":"https://law.lis.virginia.gov/admincode/title9/agency25/chapter830/section130/","quote":"Have pump-out accomplished for all such systems at least once every five years."},"changes":[{"date":"2025-11-19","status":"in-force","title":"12VAC5-610-200 amended (procedural; APA exemption for agency organization/procedures)","citation":"Va. Register Vol. 42, Iss. 5 (Oct 20, 2025)","url":"https://register.dls.virginia.gov/details.aspx?id=11924"},{"date":"2025-07-01","status":"in-force","title":"HB 2671: only licensed onsite operators/installers/soil evaluators may do real-estate septic inspections; minimum inspection and report standards","citation":"2025 Va. Acts ch. 103; Va. Code §§ 59.1-310.7 to -310.10 (further amended 2026 cc. 267, 268)","url":"https://law.lis.virginia.gov/vacodefull/title59.1/chapter24.2"},{"date":"2023-07-01","status":"in-force","title":"VDH takes over Chesapeake Bay Act septic pump-out oversight on Eastern Shore, Middle Peninsula and Northern Neck","citation":"2022 Va. Acts ch. 486","url":"https://rga.lis.virginia.gov/Published/2025/RD217"},{"date":"2022-11-24","status":"in-force","title":"Fast-track amendments add TL-2/TL-3 dispersal and pump station design criteria to Sewage Handling and Disposal Regulations","citation":"12VAC5-610-120, -250, -880, -930 to -960, new -966","url":"https://register.dls.virginia.gov/details.aspx?id=10407"}],"changesNote":"12VAC5-610 remains in force (not replaced); AOSS O&M is in 12VAC5-613 (eff. Dec 7, 2011). Content of 2026 cc. 267/268 amendments to § 59.1-310.9 not identified. Virginia Realtors and contractor sites call HB 2671 a 'new septic inspection law' — leads only.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"WA","name":"Washington","agencyShort":"your local health jurisdiction","regulator":{"agency":"Washington State Department of Health rule enforced by local health officers (local health jurisdictions); a local board of health may adopt its own OSS regulations that are consistent with and at least as stringent as WAC 246-272A, with department approval.","agencyUrl":"https://doh.wa.gov/community-and-environment/wastewater-management/septic-system","permitIssuer":"county-health","whoToCall":"Your local health jurisdiction (county or district health department) on-site sewage program."},"sale":{"class":"required-from","effective":"2027-02-01","window":"at the time of property transfer; the local health officer may waive it if the system is current on routine inspections","whoPerforms":"Third-party inspector authorized by the local health officer; results submitted to the local health jurisdiction","short":"From Feb 1, 2027, sellers must get a septic inspection at transfer by an authorized third-party inspector; repairs may go on a compliance schedule.","citation":"WAC 246-272A-0270(1)(k)(ii)-(iv) (WSR 24-06-046)","url":"https://app.leg.wa.gov/wac/default.aspx?cite=246-272A-0270","quote":"Beginning February 1, 2027, obtain an inspection, as required in WAC 246-272A-0260 (5), by a third-party inspector authorized by the local health officer.","secondSource":"https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020","recheck":{"url":"https://doh.wa.gov/pa/node/5911","citation":"WA Dept. of Health, On-site Sewage System Rule Revision (chapter 246-272A WAC, adopted by State Board of Health Jan 10, 2024)","quote":"Effective February 1, 2027: Property Transfer Inspection requirement","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"DOH timeline confirms Feb 1, 2027 for the WAC 246-272A-0270 transfer inspection. DOH pages variously say Mar 1 or Apr 1, 2025 for the rest of the rule (irrelevant to this column). Local health officer may waive if routine inspections are current."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"RCW 64.06.020 (seller disclosure statement section 3 'Sewer/On-site sewage system': permit, defects, last inspection, bedrooms); buyer may waive; exemptions RCW 64.06.010. WAC 246-272A-0270(1)(k)(i) also requires giving the buyer all available OSS maintenance and repair records.","url":"https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020"},"pumping":{"class":"statewide","short":"Owners must have the system inspected every 3 years (tank + gravity drainfield) or yearly (all others); pump when the inspection calls for it.","citation":"WAC 246-272A-0270(1)(e)","url":"https://app.leg.wa.gov/wac/default.aspx?cite=246-272A-0270","quote":"At least once every three years, unless more frequent inspections are specified by the local health officer, for all OSS consisting solely of a sewage tank and gravity SSAS"},"changes":[{"date":"2027-02-01","status":"future","title":"Septic inspection required at property transfer statewide","citation":"WAC 246-272A-0270(1)(k)(ii)","url":"https://app.leg.wa.gov/wac/default.aspx?cite=246-272A-0270"},{"date":"2025-04-01","status":"in-force","title":"Rewrite of chapter 246-272A WAC on-site sewage systems rule takes effect","citation":"WSR 24-06-046 (filed 3/1/24)","url":"https://app.leg.wa.gov/wac/default.aspx?cite=246-272A-0270"}],"changesNote":null,"notes":[{"title":"Starts February 1, 2027","text":"The transfer inspection is written into the rule (WAC 246-272A-0270) but does not apply until February 1, 2027. Until then there is no statewide requirement; your local health jurisdiction can tell you whether it has its own."}],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"WV","name":"West Virginia","agencyShort":"your county health department","regulator":{"agency":"West Virginia Bureau for Public Health (Commissioner or designee; Office of Environmental Health Services) under 64CSR47 design standards and 64CSR9 Sewage Systems rule; owner must obtain a permit before construction. County/local health departments take part (e.g. approving alternate soil tests); the rule text reviewed does not state local authority to set stricter tank sizes.","agencyUrl":"https://oehs.wvdhhr.org/phs/on-site-wastewater-management/","permitIssuer":"county-health","whoToCall":"Your county (local) health department's sanitarian / environmental health office."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"No septic inspection or statutory seller disclosure at sale. Owners of DEP-permitted home aeration units must notify DEP within 10 days of a sale.","citation":"Checked 64CSR9 and 64CSR47 (no transfer trigger); no WV seller-disclosure statute found; WV DEP General Permit WV0107000, App. 13 (HAU transfer notice)","url":"https://apps.dep.wv.gov/Documents/DWWM/GeneralNPDES/HomeAerationUnit/Home%20Aeration%20Unit%20General%20Permit.pdf","quote":"","secondSource":null,"recheck":{"url":"https://code.wvlegislature.gov/30-40-19/","citation":"W. Va. Code §30-40-19 (grounds for discipline of real estate licensees)","quote":"Commits or is a party to any material fraud, misrepresentation, concealment","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"The licensing statute prescribes only an agency-relationship form, not a property-condition form, and puts no duty on sellers. Secondary sources (nolo.com, open-exam-prep) agree that no WV statute requires a seller disclosure statement. One outlier (listwithclever) claims a 'WV Residential Real Property Disclosure Act'; it is unverified and likely wrong."}},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No West Virginia statute requiring a seller property-condition disclosure was found (caveat emptor; leads: nolo.com, listwithclever.com). Not confirmed against code.wvlegislature.gov full-text search.","url":"https://code.wvlegislature.gov/"},"pumping":{"class":"conditional","short":"No routine pumping rule for septic tanks. Home aeration units discharging under DEP's general permit need a perpetual maintenance contract and quarterly service visits.","citation":"WV DEP General NPDES Permit WV0107000 (eff. Aug 1, 2024 - June 30, 2029), Section B.3","url":"https://apps.dep.wv.gov/Documents/DWWM/GeneralNPDES/HomeAerationUnit/Home%20Aeration%20Unit%20General%20Permit.pdf","quote":"Each quarter, or more frequently if needed, the maintenance contractor shall inspect and service the facility."},"changes":[{"date":"2025-07-01","status":"in-force","title":"Sewage Treatment and Collection System Design Standards (64CSR47) reissued","citation":"W. Va. Code R. § 64-47-1.4 (filed May 9, 2025)","url":"https://www.law.cornell.edu/regulations/west-virginia/W-Va-Code-R-SS-64-47-1"},{"date":"2024-08-01","status":"in-force","title":"Home Aeration Unit general permit reissued: perpetual maintenance contract, quarterly inspections, owner disclosure form","citation":"WV DEP General NPDES Permit WV0107000","url":"https://dep.wv.gov/WWE/permit/general/Pages/default.aspx"}],"changesNote":"64CSR9 Sewage Systems rule unchanged since May 1, 1998 per Cornell LII. What the 2025 64CSR47 reissue changed was not itemized.","notes":[],"unverified":[{"column":"sellerDisclosure","text":"absence of a disclosure statute based on secondary leads; code not full-text searched"}],"confidence":"medium","verifiedOn":"2026-10-09"},{"code":"WI","name":"Wisconsin","agencyShort":"your county's POWTS office","regulator":{"agency":"Wisconsin Department of Safety and Professional Services (DSPS) sets the uniform POWTS code (SPS 381-387); sanitary permits are issued by the county or other 'governmental unit'. Local ordinances may NOT be more or less stringent than SPS 383 except where a rule specifically permits.","agencyUrl":"https://dsps.wi.gov/Pages/Programs/POWTS/Default.aspx","permitIssuer":"county-health","whoToCall":"Your county's sanitary/zoning (POWTS) department, which issues sanitary permits and runs the maintenance program."},"sale":{"class":"local-option","effective":null,"window":null,"whoPerforms":"Per county ordinance (e.g. Manitowoc: licensed master plumber, certified POWTS inspector, registered maintainer or certified septage servicer)","short":"No statewide sale inspection, but state rule lets counties require extra inspections and some (e.g. Manitowoc) require one at transfer. Seller's condition report asks about septic defects.","citation":"Wis. Admin. Code SPS 383.26(3) (governmental unit may require other inspections, per s. 145.20(2)(g), Stats.); Wis. Stat. § 709.03 report items D4-D5","url":"https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/380_387/383.pdf","quote":"Pursuant to s. 145.20 (2) (g), Stats., a governmental unit by ordinance may require other inspections in addition to that specified under this section.","secondSource":"https://manitowoccountywi.gov/departments/planning-and-zoning/sanitary/maintenance-program/","recheck":{"url":"https://manitowoccountywi.gov/wp-content/uploads/2023/04/Chapter-13-Private-Sewage-Systems-2023-0418.pdf","citation":"Manitowoc County Code ch. 13 Private Sewage Systems Ordinance, §13.32(2) (rev. 2023-04-18)","quote":"As part of the maintenance program, a complete inspection of a POWTS is required within a reasonable period of time after the conveyance, merger, partition, subdivision, or transfer of any property that contains a POWTS","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Primary county text confirms a transfer trigger, but the inspection is due within a reasonable time AFTER transfer, not before sale. Wis. Stat. 145.20(2) itself has no transfer language; the authority rests on SPS 383 county maintenance programs. Waukesha offers only a voluntary sale evaluation."}},"disclosure":{"mandatory":true,"asksAboutSeptic":true,"citation":"Wis. Stat. §§ 709.02(1) (owner shall furnish report within 10 days after acceptance), 709.03 items D4-D5 (septic system serves property; known defects or unabandoned out-of-service septic)","url":"https://docs.legis.wisconsin.gov/statutes/statutes/709.pdf"},"pumping":{"class":"statewide","short":"Septic tanks must be serviced when sludge and scum reach 1/3 of tank volume; older soil systems visually inspected every 3 years; counties track reports.","citation":"Wis. Admin. Code SPS 383.54(3)(b), (4)(a), (4)(d)1; SPS 383.255 (county maintenance program)","url":"https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/380_387/383.pdf","quote":"The servicing frequency of an anaerobic treatment tank for a POWTS shall occur at least when the combined sludge and scum volume equals 1/3 of the tank volume."},"changes":[{"date":"2026-09-01","status":"in-force","title":"SPS 383.21(3)(f) amended (sanitary permit processing)","citation":"CR 26-019, Register June 2026 No. 846","url":"https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/380_387/383.pdf"}],"changesNote":"Only change to SPS 383 since 2020 is CR 26-019 (eff. 9-1-26); its substance not reviewed. Statewide county POWTS maintenance programs (SPS 383.255) date from CR 07-100/CR 11-031, with the deadline Oct 1, 2015 (pre-2020). Legislature bill search not run.","notes":[],"unverified":[],"confidence":"high","verifiedOn":"2026-10-09"},{"code":"WY","name":"Wyoming","agencyShort":"your county's delegated program or Wyoming DEQ","regulator":{"agency":"Wyoming Department of Environmental Quality, Water Quality Division (DEQ/WQD) or a delegated small wastewater program (county/municipal delegated programs); every small wastewater system component requires a permit to construct.","agencyUrl":"https://deq.wyoming.gov/water-quality/water-wastewater/small-wastewater/","permitIssuer":"local-mixed","whoToCall":"Your county's delegated small wastewater (septic) permitting office if it has one; otherwise the DEQ Water Quality Division."},"sale":{"class":"none","effective":null,"window":null,"whoPerforms":null,"short":"No statewide septic inspection or statutory seller disclosure at sale (Wyoming follows buyer-beware). Delegated counties may set their own rules.","citation":"Checked Wyoming Water Quality Rules ch. 25 (eff. 06/29/2018; no transfer trigger) and Wyoming Statutes for a seller disclosure act (none found; 2001 SF0158 Property Condition Disclosure Act not enacted)","url":"https://www.law.cornell.edu/regulations/wyoming/020-25-Wyo-Code-R-SS-25-10","quote":"","secondSource":null,"recheck":{"url":"https://wyoleg.gov/statutes/compress/title33.pdf","citation":"W.S. 33-28-303(c),(d) (seller's agent duties to buyer)","quote":"a licensee shall disclose to any prospective buyer all adverse material facts actually known by the licensee.","checkedOn":"2026-10-09","agrees":true,"previousClass":null,"note":"Wyoming's disclosure duty sits on licensees, limited to known adverse facts (33-28-303(c)), and 33-28-303(d) says there is no duty to inspect. No seller form is prescribed. A secondary source mentions W.S. 34-1-151 as a 'property disclosure statement'; its text could not be retrieved, so it is worth a quick look, but nothing shows it is mandatory or covers septic."}},"disclosure":{"mandatory":false,"asksAboutSeptic":false,"citation":"No statutory seller disclosure; 2001 SF0158 (Property Condition Disclosure Act) introduced only. Leads: nolo.com, listwithclever.com.","url":"https://wyoleg.gov/2001/Introduced/SF0158.htm"},"pumping":{"class":"none","short":"No pumping schedule: septic tanks must be pumped 'as needed' to stop solids carryover; holding tanks before full.","citation":"Wyo. Water Quality Rules ch. 25, § 18(b)-(c) (020-25 Wyo. Code R. § 25-18)","url":"https://www.law.cornell.edu/regulations/wyoming/020-25-Wyo-Code-R-SS-25-18","quote":"Septic tanks shall be pumped as needed to prevent solids carryover into the soil absorption system."},"changes":[],"changesNote":"none found since 2020. Chapter 25 effective 06/29/2018 is current per the state rules header and Justia (current through Sept 2024); searched for 2023-2026 rule revisions and 2025-2026 septic bills, none found. Some delegated counties revised local regs (e.g. Teton County Title 9, 2022).","notes":[],"unverified":[{"column":"sellerDisclosure","text":"absence of a statute based on secondary leads plus the unenacted 2001 bill; wyoleg.gov full-text not searched"}],"confidence":"medium","verifiedOn":"2026-10-09"}]}