Septic laws by state
Who to call, whether you need an inspection to sell, routine pumping rules and what changed recently — for every state, each answer cited to the statute, code or agency page.
Last updated · all 50 states checked against primary text · Not legal advice
The short answer
States, not federal law, set septic rules, and county or local health offices issue most permits. 5 states require a septic inspection before most home sales (Arizona, Delaware, Iowa, Massachusetts and New Mexico); Rhode Island requires one only for cesspools, and Washington from February 1, 2027. In 10 more, some counties, towns or zones can. The other 33 don’t; in 22 of them the seller’s disclosure must cover the septic system.
7
states with a statewide sale-inspection rule
5 now, 1 for cesspools only, 1 from 2027
10
where counties, towns or zones can require one
22
require only a seller disclosure
6
set a statewide pumping or inspection schedule
Look up your state
Pick a state from the list or the map for who to call, whether a septic inspection is required when a home is sold, any routine pumping or inspection rule, and recent changes — each with its source.
Loading the map…
Colour shows whether state law requires a septic inspection when a home is sold. Tap a legend entry to show only those states; small eastern states also have a labelled box on the right.
Do you need a septic inspection to sell a house?
In most states, no law requires one — but the buyer, the lender or the county may still ask. Here is how the 50 states split:
- Required statewide (5): Arizona, Delaware, Iowa, Massachusetts and New Mexico. State law requires a septic inspection before most home sales. The window and who may inspect differ: Massachusetts allows up to 2 years before the transfer, Arizona 6 months.
- Required: cesspools only (1): Rhode Island. 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.
- Required from 2027 (1): Washington from February 1, 2027. 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.
- Some counties, towns or zones (10): Colorado, Indiana, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania and Wisconsin. Maine and New Hampshire require it only for shoreland or waterfront property; elsewhere individual counties or towns run programs. Indiana is the reverse case: state law bars inspection-at-sale mandates except in one county’s aquifer area.
- Seller disclosure only (22): No inspection required; the seller's mandatory disclosure form asks about the septic system. Alaska, California, Connecticut, Hawaii, Idaho, Illinois, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee and Texas.
- No state requirement (11): Alabama, Arkansas, Florida, Georgia, Kansas, Missouri, Utah, Vermont, Virginia, West Virginia and Wyoming. Counties in some of these states set their own rules.
Where the law doesn’t require one, an inspection is still the main protection for a buyer. For prices and who usually pays, see what a septic inspection costs and who pays; if it fails, see the cost of a replacement system.
Septic laws in all 50 states
Select a state for its full card with the rule text. Each row links its source and the date it was checked; link straight to a row with its two-letter code, such as #tx. For pumping frequency in practice, see how often to pump.
| State | Inspection at sale | Who to call | Pumping / inspection schedule | Latest change | Source |
|---|---|---|---|---|---|
| No state requirementAlabama has no statewide septic inspection at sale and no mandatory seller disclosure form; it is a caveat emptor (buyer beware) state. | Your county health department's environmental health office. | None statewide | Apr 25, 2023 In force Sunset bill continues the Alabama Onsite Wastewater Board (installer/pumper licensing)+1 more in the card | Ala. Admin. Code ch. 420-3-1 (Onsite Sewage Treatment and Disposal,…Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Alaska DEC's Engineering Support and Plan Review office; inside the Municipality of Anchorage, its On-Site Water & Wastewater Section. | Some systems or areas | Oct 1, 2023 In force 18 AAC 72 wastewater rules rewritten: reorganized chapter, larger minimum tanks, expanded permit-by-rule | AS 34.70.010-.200Checked October 9, 2026 | |
| Required statewideThe seller must hire a qualified inspector within 6 months before transfer; the tank is pumped and the report goes to the buyer. | Your county environmental services or health department (delegated by ADEQ). | None statewide | 2025 In force ADEQ must issue a general permit for septic tank effluent pump/gravity collection systems by Jan 1, 2026+1 more in the card | Ariz. Admin. Code R18-9-A316(B)-(E)Checked October 9, 2026 | |
| No state requirementArkansas has no septic inspection requirement at sale and no seller disclosure law; buyers must arrange their own inspection. | The environmental health specialist at your county health unit (Arkansas Department of Health). | Some systems or areas | Sep 5, 2024 In force Onsite Wastewater rule revised to implement Acts 137 and 457 of 2023; interceptor drain and subdivision updates+1 more in the card | ADH Rules Pertaining to Onsite Wastewater Systems (eff. Sept 5, 2024Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Your county environmental health department (the local agency that runs the OWTS/septic program). | Some systems or areas | Apr 18, 2023 In force State Water Board amends and renews the statewide OWTS Policy, updating Tier 3 impaired water body lists+1 more in the card | Cal. Civ. Code §§1102, 1102.6 (Real Estate Transfer Disclosure Stat…Checked October 9, 2026 | |
| Some counties, towns or zonesNo 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.2025 revision: effective date unclear | Your county or district local public health agency's OWTS (septic) program. | Some systems or areas | Jun 15, 2026 In force Deadline for county/district health agencies to adopt local OWTS rules at least as stringent as revised Reg. 43+1 more in the card | 5 CCR 1002-43, §43.4.L (Transfer of Title Inspections), as amended…Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Your town or district health department (local director of health). | Some systems or areas | Sep 1, 2026 In force PHC 19-13-B100a/B103a-h and Technical Standards revised: nitrogen assessments, DEEP-to-DPH authority transfer, local central-system approvals+1 more in the card | Conn. Gen. Stat. §20-327b(a) and (d)(F) 'Sewage Disposal System'Checked October 9, 2026 | |
| Required statewideBefore 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. | DNREC's Ground Water Discharges Section in Dover (statewide septic permits and inspection records). | Statewide schedule | None found since 2020 | 7 Del. Admin. Code 7101 §5.4.6.3.1 (also §3.31.13)Checked October 9, 2026 | |
| No state requirementFlorida has no statewide septic inspection at sale and no statutory seller disclosure form. | Your county health department's environmental health section (DEP directly in the Panhandle counties and Marion County). | Some systems or areas | May 6, 2026 In force Locals cannot demand the septic construction permit before building/plumbing permits if application proof shown; 90-day grace for new DEP rules+2 more in the card | Ch. 62-6 F.A.C. and s. 381.0065 F.S. (no transfer trigger)Checked October 9, 2026 | |
| No state requirementGeorgia has no septic inspection requirement at sale and no mandatory seller disclosure form; caveat emptor applies, though sellers can't conceal known hidden defects. | Your county health department's environmental health office. | Some systems or areas | 2026 In force DPH reissues the Manual for On-Site Sewage Management Systems twice in 2026 (March and June editions) | Ga. Comp. R. & Regs. ch. 511-3-1 and DPH Manual for On-Site Sewage…Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | The Hawaii Department of Health Wastewater Branch (or the DOH environmental health office on your island). | Some systems or areas | Jul 8, 2026 In force Act 204 creates Cesspool Conversion Revolving Loan Fund (low-interest/forgivable loans) under Hawaii Green Infrastructure Authority+4 more in the card | HRS §§508D-4, 508D-5 (mandatory seller disclosure statement)Checked October 9, 2026 | |
| Seller disclosure onlyNo septic inspection is required at sale. Sellers of residential property must complete the state disclosure form, which asks about the septic system and problems. | Your regional public health district's environmental health office. | Some systems or areas | Jul 1, 2025 In force Zero-based rewrite of IDAPA 58.01.03 (simplified permitting, reduced surface-water setbacks, ETPS annual O&M by certified providers)+1 more in the card | Idaho Code §55-2504 and §55-2508 (Property Condition Disclosure Act)Checked October 9, 2026 | |
| Seller disclosure onlyNo statewide septic inspection at sale. Sellers must give buyers the state disclosure report, which asks about known septic defects. | Your county or local health department's environmental health office (IDPH regional office where no local program exists). | Statewide schedule | None found since 2020 | 765 ILCS 77/20 and 77/35 (Residential Real Property Disclosure Act)…Checked October 9, 2026 | |
| Some counties, towns or zonesState 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. | Your county health department's environmental health office. | Some systems or areas | 2026 Takes effect later Proposed rewrite of 410 IAC 6-8.3 (inspection standards, installer registration, holding tanks, tiny homes); second hearing Aug 7, 2026, not yet adopted+4 more in the card | IC 32-21-5.2-8 and -9 (added by P.L.157-2024, HEA 1329)Checked October 9, 2026 | |
| Required statewideStatewide: 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. | Your county environmental health office (county sanitarian). | Some systems or areas | Jul 2026 In force Chapter 69 rewritten (ARC 9467C); effective date delayed by ARRC to 70 days after 2026 session adjournment+1 more in the card | Iowa Code §455B.172(11)Checked October 9, 2026 | |
| No state requirementNo statewide septic inspection at sale and no mandatory seller disclosure form. Some county sanitary codes, such as Leavenworth and Cowley, require a resale inspection.Part not confirmed — check with your county sanitarian | Your county sanitarian or county environmental health / planning office. | None statewide | None found since 2020 | Checked K.A.R. 28-5-7 (defers to county sanitary codesChecked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Your local (county or district) health department's environmental office. | Some systems or areas | Aug 10, 2023 In force 902 KAR 10:085 certified without change; next 7-year expiration 8/10/2030+1 more in the card | KRS 324.360Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Your parish health unit (Louisiana Department of Health, Office of Public Health sanitarian). | Some systems or areas | 2026 In force 2026 LREC Property Disclosure Document: sellers must attach a private water/sewage disclosure if not on community sewer+1 more in the card | La. R.S. 9:3198(A)(1)Checked October 9, 2026 | |
| Some counties, towns or zonesOnly 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. | Your town's Local Plumbing Inspector (LPI). | Some systems or areas | May 30, 2025 In force Resolve directing DHHS to amend septic rules to cut nutrient pollution (disposal-field short-circuiting); rule changes pending+2 more in the card | 30-A M.R.S. §4216(2)(A) (shoreland areas per 38 M.R.S. §435)Checked October 9, 2026 | |
| Seller disclosure onlyNo state inspection at sale. Sellers must give a disclosure form (covers water and sewer systems) or a disclaimer statement. | Your county health department's environmental health (well and septic) office. | Some systems or areas | Apr 2026 Not enacted SB 165 / HB 146 (2026): septic inspection and pump-out before sale and before each new tenant from July 2028; died in conference+3 more in the card | Md. Code, Real Prop. § 10-702(c)(1), (e)(2)(i)Checked October 9, 2026 | |
| Required statewideA Title 5 inspection is required at or within 2 years before a sale (3 years with yearly pumping records). | Your city or town board of health (the Title 5 Approving Authority). | Statewide schedule | Jul 7, 2023 In force Title 5 Nitrogen Sensitive Areas: systems in newly designated areas must use best available nitrogen-reducing technology (Cape Cod) | 310 CMR 15.301(1)Checked October 9, 2026 | |
| Some counties, towns or zonesNo statewide rule. Some counties and district health departments (e.g. Washtenaw, Barry-Eaton) require septic inspection at sale under local ordinances. | Your county or district health department's environmental health division. | None statewide | Jun 2026 Not enacted SB 771 (2026): statewide sewage code within 3 years; systems 20+ years old evaluated every 10 years; pending+1 more in the card | No statewide sanitary codeChecked October 9, 2026 | |
| Seller disclosure onlyNo statewide inspection at sale. Sellers must give a written septic disclosure (system, map, known compliance status) and attach any prior inspection report. | Your county's SSTS program (often planning and zoning or environmental services), or the city/township if it runs its own. | Statewide schedule | 2021 In force MPCA amends 7082 inspection rules (when tank pumping is needed to finish a compliance inspection; SDS vs local permits) | Minn. Stat. §115.55, subd. 6Checked October 9, 2026 | |
| Seller disclosure onlyNo inspection required at sale (MSDH recommends one). In broker-assisted sales, sellers must give a disclosure form that asks about the sewage system. | MSDH's environmental health staff for your county (Mississippi State Department of Health). | Some systems or areas | None found since 2020 | Miss. Code Ann. §§ 89-1-501 to 89-1-527 (MREC Property Condition Di…Checked October 9, 2026 | |
| No state requirementNo state inspection at sale, and no mandatory seller disclosure form. Lenders or buyers may ask for one from a DHSS-licensed inspector.Part not confirmed — check with your county health department or Missouri DHSS | Your county health department or county planning/building office; DHSS's Onsite Wastewater Program where no county program exists. | None statewide | Aug 28, 2026 In force 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+1 more in the card | Checked 19 CSR 20-3.060 (no transfer provision)Checked October 9, 2026 | |
| Seller disclosure onlyNo state inspection at sale. Since 2023, sellers must disclose known problems, including with the wastewater/septic system. | Your county (or city-county) health department's environmental health / septic permit office. | Some systems or areas | Dec 2023 In force Circular DEQ-4, December 2023 edition: revised subsurface wastewater standards+1 more in the card | MCA 70-20-502(1)(c), (e) (En. Sec. 2, Ch. 375, L. 2023, HB 296)Checked October 9, 2026 | |
| Seller disclosure onlyNo state inspection at sale. Sellers must give a disclosure form asking whether a septic system is connected and working. | 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. | None statewide | Jul 1, 2025 In force NDEE merged with DNR into the Department of Water, Energy, and Environment (septic program regulator renamed)+1 more in the card | Neb. Rev. Stat. § 76-2,120(2), (4)(e)Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Southern Nevada Health District in Clark County, Northern Nevada Public Health in Washoe County, Carson City Health; elsewhere the state DPBH Environmental Health office. | Some systems or areas | Jun 6, 2023 In force AB 220 (2023): no new septic systems on Colorado River-supplied properties without SNWA waiver; health districts may fund septic-to-sewer conversions | NRS 113.130Checked October 9, 2026 | |
| Some counties, towns or zonesWaterfront only: if the septic is within 250 ft of the shoreline reference line, the buyer needs a licensed septic evaluation before transfer. | NHDES Subsurface Systems Bureau in Concord (603-271-3501); your town health officer for local issues. | Some systems or areas | Feb 1, 2026 In force Env-Wq 1000 subsurface rules readopted; new Part 1025 implements waterfront transfer evaluations; annual ITA maintenance reporting from 2027+2 more in the card | RSA 485-A:39, I (as amended 2024, 107:3, eff. Sept. 1, 2024)Checked October 9, 2026 | |
| Some counties, towns or zonesNo statewide sale inspection. Some towns require one by ordinance; systems with advanced pretreatment units must be inspected by the service provider at transfer. | Your municipal or county board of health (the local health department's environmental health office). | Some systems or areas | Apr 21, 2025 In force 7:9A-2.1 and 8.3 amended: advanced pretreatment devices may be certified to NSF 40/245 by other accredited bodies+3 more in the card | N.J.A.C. 7:9A-12.6 (voluntary transfer-inspection protocol)Checked October 9, 2026 | |
| Required statewideSeller must have the septic system evaluated before transferring the property; report goes to the buyer and to NMED within 15 days. | Your local NMED Environmental Health Bureau field office (Onsite Wastewater Program). | Some systems or areas | Jul 1, 2020 In force Liquid waste fee rule replaced; annual operating permits for advanced, alternative and holding-tank systems incl. on transfer of ownership | 20.7.3.902(E)-(I) NMACChecked October 9, 2026 | |
| Some counties, towns or zonesNo statewide sale inspection. Some counties and towns require one by local code (e.g., Cayuga County; Queensbury, Bolton, Inlet, Lake Placid).Part not confirmed — check with your county health department | 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. | Some systems or areas | Jul 23, 2025 In force Septic System Replacement Fund: enhanced (nitrogen/PFAS-reducing) projects reimbursed 75% up to $25,000+4 more in the card | No transfer trigger in 10 NYCRR Part 75 / Appendix 75-AChecked October 9, 2026 | |
| Seller disclosure onlyNo septic inspection at sale. Sellers must give the state disclosure form, which asks the sewage system type, permitted bedrooms and septic defects. | Your county (or district) health department's environmental health on-site wastewater section. | Some systems or areas | Jun 1, 2026 In force 18E amended to conform to S.L. 2023-77, 2023-63 and 2024-49 (on-site wastewater statute changes)+1 more in the card | N.C.G.S. 47E-4(a)-(b)Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Your local public health unit (county or district health unit) for the permit; ND DEQ for installer licensing. | None statewide | Aug 1, 2025 In force 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+2 more in the card | N.D.C.C. §47-10-02.1Checked October 9, 2026 | |
| Some counties, towns or zonesNo 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. | Your county or city health district's sewage treatment system program. | Some systems or areas | None found since 2020 | Ohio Adm. Code 3701-29-19(B)Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Your local DEQ Environmental Complaints & Local Services office (405-702-6100). | Some systems or areas | Nov 1, 2025 In force Non-certified individuals may install only one on-site system per calendar year; DEQ must inspect it+3 more in the card | Residential Property Condition Disclosure Act, 60 O.S. §§831-839 (§…Checked October 9, 2026 | |
| Seller disclosure onlyNo sale inspection required; an existing-system evaluation is available on request. Sellers must give the statutory disclosure form with detailed septic questions. | Your county's onsite (septic) program office - either the county acting as DEQ's contract agent or the DEQ regional office. | Some systems or areas | Jul 1, 2026 In force DEQ onsite program fees increase 33%+1 more in the card | ORS 105.464-105.465 (sellers property disclosure statement, Section…Checked October 9, 2026 | |
| Some counties, towns or zonesNo statewide sale inspection. Municipal sewage management programs may require one; e.g., Shrewsbury Township (York Co.) requires SEO certification within 120 days before transfer.Part not confirmed — check with your municipality's Sewage Enforcement Officer | Your municipality's Sewage Enforcement Officer (SEO) - through the township/borough office, joint local agency or county health department. | Some systems or areas | Apr 16, 2025 Takes effect later DEP draft proposed rulemaking to update Chapters 71-73 (first comprehensive update since 1997) presented to Sewage Advisory Committee+1 more in the card | 25 Pa. Code §§71.71-71.73 (municipal sewage management programs)Checked October 9, 2026 | |
| Required: cesspools onlyAny cesspool must be replaced within 12 months of sale; if the system type is unknown, a licensed inspector must check before sale.Cesspools onlyPart not confirmed — check with RI DEM | RI DEM's Office of Water Resources OWTS program (permits) or DEM Compliance & Inspection (complaints). | Some systems or areas | Feb 11, 2026 Not enacted H 7635 (2026): would amend cesspool-at-transfer rule to require a no-cesspool certificate in purchase contracts+2 more in the card | R.I. Gen. Laws §23-19.15-12 (P.L. 2015, ch. 163 & 185)Checked October 9, 2026 | |
| Seller disclosure onlyNo septic inspection is required at sale; the seller's mandatory residential disclosure statement must cover the sanitary sewage disposal system. | SCDES Onsite Wastewater (OSWW) central office, 1-855-731-2504, or your local SCDES regional office. | Some systems or areas | Jul 1, 2024 In force DHEC split: septic permitting moves to new SC Department of Environmental Services (SCDES)+1 more in the card | S.C. Code Ann. § 27-50-40(A)(1) (Residential Property Condition Dis…Checked October 9, 2026 | |
| Seller disclosure onlyNo septic inspection at sale. The mandatory seller disclosure form asks if the sewer is private and when the septic tank was last pumped. | Your county or city zoning/planning office if it runs a septic permit program; otherwise DANR's on-site wastewater program, (605) 773-4647. | None statewide | Apr 19, 2021 In force DENR merged into new Department of Agriculture and Natural Resources (DANR); septic rule definitions updated | SDCL 43-4-38 and 43-4-44 (property condition disclosure statement)Checked October 9, 2026 | |
| Seller disclosure onlyNo 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. | Your TDEC Division of Water Resources field office (or the county health department in counties under a TDEC contract). | Some systems or areas | 2026 In force Septic pumpers who dump sewage unlawfully: Class B misdemeanor and permit suspension/revocation+2 more in the card | Tenn. Code Ann. §66-5-202 and §66-5-210 form ('Waste Disposal: City…Checked October 9, 2026 | |
| Seller disclosure onlyNo septic inspection is required at sale, but sellers of a one-unit home must give the statutory disclosure notice, which lists the septic system. | Your county or city OSSF authorized agent; where there is none, the TCEQ regional office. | Some systems or areas | May 15, 2025 Not enacted HB 5549 (89th Leg.) on OSSF regulation and planning, penalties and fees; died on House General State Calendar+1 more in the card | Tex. Prop. Code §5.008(a)-(b) (notice items 'Septic System' and 'Pl…Checked October 9, 2026 | |
| No state requirementNo statewide septic inspection or statutory seller disclosure at sale; alternative systems carry a recorded notice in the property's chain of title.Part not confirmed — check with your local health department | Your local health department (county or multi-county health district) environmental health office. | Some systems or areas | Jun 29, 2023 In force Onsite Wastewater Systems rule R317-4 amended (incl. O&M and inspection tables) | Checked Utah Admin. Code R317-4 (no transfer triggerChecked October 9, 2026 | |
| No state requirementNo septic inspection or statutory seller disclosure at sale; the property transfer tax return only notes the property may be subject to wastewater rules. | The DEC Drinking Water and Groundwater Protection Division regional office for your town (or your town, if it has delegated permitting). | Some systems or areas | 2026 Not enacted H.882: would require servicing/cleaning of wastewater systems at least every three years+2 more in the card | Checked Vt. Wastewater System and Potable Water Supply Rules (eff.…Checked October 9, 2026 | |
| No state requirementNo 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. | Your local health department (VDH health district) environmental health office. | Some systems or areas | Nov 19, 2025 In force 12VAC5-610-200 amended (procedural; APA exemption for agency organization/procedures)+3 more in the card | Checked Va. Code § 55.1-703(B)(8) (disclosure disclaims wastewater…Checked October 9, 2026 | |
| Required from 2027From Feb 1, 2027, sellers must get a septic inspection at transfer by an authorized third-party inspector; repairs may go on a compliance schedule.Starts February 1, 2027 | Your local health jurisdiction (county or district health department) on-site sewage program. | Statewide schedule | Feb 1, 2027 Takes effect later Septic inspection required at property transfer statewide+1 more in the card | WAC 246-272A-0270(1)(k)(ii)-(iv) (WSR 24-06-046)Checked October 9, 2026 | |
| No state requirementNo septic inspection or statutory seller disclosure at sale. Owners of DEP-permitted home aeration units must notify DEP within 10 days of a sale.Part not confirmed — check with your county health department | Your county (local) health department's sanitarian / environmental health office. | Some systems or areas | Jul 1, 2025 In force Sewage Treatment and Collection System Design Standards (64CSR47) reissued+1 more in the card | Checked 64CSR9 and 64CSR47 (no transfer trigger)Checked October 9, 2026 | |
| Some counties, towns or zonesNo 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. | Your county's sanitary/zoning (POWTS) department, which issues sanitary permits and runs the maintenance program. | Statewide schedule | Sep 1, 2026 In force SPS 383.21(3)(f) amended (sanitary permit processing) | Wis. Admin. Code SPS 383.26(3) (governmental unit may require other…Checked October 9, 2026 | |
| No state requirementNo statewide septic inspection or statutory seller disclosure at sale (Wyoming follows buyer-beware). Delegated counties may set their own rules.Part not confirmed — check with your county's delegated program or Wyoming DEQ | Your county's delegated small wastewater (septic) permitting office if it has one; otherwise the DEQ Water Quality Division. | None statewide | None found since 2020 | Checked Wyoming Water Quality Rules ch. 25 (eff. 06/29/2018Checked October 9, 2026 |
What's new: septic law changes by state
We found 103 changes since 2020 across 44 states, newest first: 88 in force, 3 taking effect later and 12 bills or proposals that did not become law — listed because people search for them. No change was found in Delaware, Illinois, Kansas, Mississippi, Ohio and Wyoming.
2027
- Washington Feb 1, 2027 Takes effect later Septic inspection required at property transfer statewide. WAC 246-272A-0270(1)(k)(ii)
2026
- Connecticut Sep 1, 2026 In force PHC 19-13-B100a/B103a-h and Technical Standards revised: nitrogen assessments, DEEP-to-DPH authority transfer, local central-system approvals. DPH EHS Circular Letter 2026-16 (Aug 31, 2026); CGS §22a-430(g)
- Wisconsin Sep 1, 2026 In force SPS 383.21(3)(f) amended (sanitary permit processing). CR 26-019, Register June 2026 No. 846
- Missouri Aug 28, 2026 In force 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. 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
- Iowa Jul 2026 In force Chapter 69 rewritten (ARC 9467C); effective date delayed by ARRC to 70 days after 2026 session adjournment. 567 IAC ch. 69, ARC 9467C (IAB 8/6/25)
- Hawaii Jul 8, 2026 In force Act 204 creates Cesspool Conversion Revolving Loan Fund (low-interest/forgivable loans) under Hawaii Green Infrastructure Authority. Act 204, SLH 2026 (HB 1618 CD1)
- Oregon Jul 1, 2026 In force DEQ onsite program fees increase 33%. OAR 340-071 fee rules (DEQ notice on onsite program page)
- Connecticut 2026 In force Public Act 26-142 requires certification standards for subsurface sewage enforcement officers. Conn. Public Act 26-142 (as described in Circular Letter 2026-16)
- Georgia 2026 In force DPH reissues the Manual for On-Site Sewage Management Systems twice in 2026 (March and June editions). DPH Manual for On-Site Sewage Management Systems, June 2026 (footer 'March 2026')
- Hawaii 2026 Not enacted HB 1749: mandatory cesspool disclosure form for home sellers from Jan 1, 2027 — died in conference. HB 1749 HD2 SD1 (2026); proposed HRS §508D-15(d)
- Indiana 2026 Takes effect later Proposed rewrite of 410 IAC 6-8.3 (inspection standards, installer registration, holding tanks, tiny homes); second hearing Aug 7, 2026, not yet adopted. LSA Document #26-64
- Louisiana 2026 In force 2026 LREC Property Disclosure Document: sellers must attach a private water/sewage disclosure if not on community sewer. LREC Property Disclosure Document (2026 edition, file dated 10/20/2025) under R.S. 9:3198
- Louisiana 2026 In force Seller disclosure duty extended to vacant residential property. HB 1166 (2026 RS) amending La. R.S. 9:3196-3199; current §3198(A)(1) text
- Tennessee 2026 In force Septic pumpers who dump sewage unlawfully: Class B misdemeanor and permit suspension/revocation. Pub. Ch. 763 (2026), HB 2355/SB 2532, signed 2026-04-24
- Vermont 2026 Not enacted H.882: would require servicing/cleaning of wastewater systems at least every three years. H.882 (2025-2026 session), referred to House Environment 2/4/2026, no further action
- Vermont 2026 Not enacted H.746: potable water supply and wastewater system permitting changes. H.746 (2025-2026 session), referred to House Environment 1/22/2026
- Colorado Jun 15, 2026 In force Deadline for county/district health agencies to adopt local OWTS rules at least as stringent as revised Reg. 43. Reg. 43 local adoption deadline (per Douglas County / Jefferson County notices)
- Michigan Jun 2026 Not enacted SB 771 (2026): statewide sewage code within 3 years; systems 20+ years old evaluated every 10 years; pending. 2026 SB 771 (S-2), on Senate third reading since 6/17/2026; no public act
- North Carolina Jun 1, 2026 In force 18E amended to conform to S.L. 2023-77, 2023-63 and 2024-49 (on-site wastewater statute changes). 15A NCAC 18E (e.g. .1301 History Note: Amended Eff. June 1, 2026); S.L. 2024-49
- Florida May 6, 2026 In force Locals cannot demand the septic construction permit before building/plumbing permits if application proof shown; 90-day grace for new DEP rules. Ch. 2026-62, Laws of Fla. (CS/CS/CS/HB 589)
- Maryland Apr 2026 Not enacted SB 165 / HB 146 (2026): septic inspection and pump-out before sale and before each new tenant from July 2028; died in conference. 2026 RS SB 165 (passed Senate 29-11, stuck in House Rules); HB 146 (Senate refused to recede, no chapter)
- Rhode Island Feb 11, 2026 Not enacted H 7635 (2026): would amend cesspool-at-transfer rule to require a no-cesspool certificate in purchase contracts. 2026 -- H 7635 (referred to House Judiciary); §23-19.15-12 unchanged as of 2026-10-09
- New Hampshire Feb 1, 2026 In force Env-Wq 1000 subsurface rules readopted; new Part 1025 implements waterfront transfer evaluations; annual ITA maintenance reporting from 2027. Env-Wq 1000, #14486, eff. 2-1-26
- Oregon Jan 1, 2026 In force First substantial onsite rule rewrite since 2014: new O&M section, ADU and sewer-availability rules, high-risk area protections. DEQ 29-2025 (filed 2025-10-01), OAR 340-071 and 340-073; new OAR 340-071-0132
2025
- Virginia Nov 19, 2025 In force 12VAC5-610-200 amended (procedural; APA exemption for agency organization/procedures). Va. Register Vol. 42, Iss. 5 (Oct 20, 2025)
- Maryland Nov 2025 In force Property transfer inspection licensing moved from MDE to the State Board of On-Site Wastewater Professionals. Md. Code, Env. Title 9, Subtitle 11A
- Oklahoma Nov 1, 2025 In force Non-certified individuals may install only one on-site system per calendar year; DEQ must inspect it. 59 O.S. §1158 (as amended effective 2025-11-01)
- North Dakota Aug 1, 2025 In force 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. 2025 SB 2267 (signed 2025-04-22); N.D.C.C. §23.1-07.1-02, -03
- North Dakota Aug 1, 2025 In force Radon disclosure added to seller disclosure obligations. 2025 SB 2204, N.D.C.C. §47-10-02.2
- New York Jul 23, 2025 In force Septic System Replacement Fund: enhanced (nitrogen/PFAS-reducing) projects reimbursed 75% up to $25,000. L.2025 ch. 188 (S8241A/A8807), Public Authorities Law, septic system replacement fund
- Idaho Jul 1, 2025 In force Zero-based rewrite of IDAPA 58.01.03 (simplified permitting, reduced surface-water setbacks, ETPS annual O&M by certified providers). IDAPA 58.01.03, Docket No. 58-0103-2301
- Nebraska Jul 1, 2025 In force NDEE merged with DNR into the Department of Water, Energy, and Environment (septic program regulator renamed). LB 317 (2025), signed May 7, 2025
- Virginia Jul 1, 2025 In force HB 2671: only licensed onsite operators/installers/soil evaluators may do real-estate septic inspections; minimum inspection and report standards. 2025 Va. Acts ch. 103; Va. Code §§ 59.1-310.7 to -310.10 (further amended 2026 cc. 267, 268)
- West Virginia Jul 1, 2025 In force Sewage Treatment and Collection System Design Standards (64CSR47) reissued. W. Va. Code R. § 64-47-1.4 (filed May 9, 2025)
- Arizona 2025 In force ADEQ must issue a general permit for septic tank effluent pump/gravity collection systems by Jan 1, 2026. Laws 2025, Ch. 26 (HB 2232), A.R.S. Title 49
- Colorado 2025 In force Regulation 43 revised (transfer-of-title inspector certification, maintenance oversight); counties had to adopt matching rules by June 15, 2026. 5 CCR 1002-43, 48 CR 07 (published Apr 10, 2025)
- Indiana 2025 In force HEA 1052 (2025) orders IDOH to update residential septic rules and set inspection guidelines before July 1, 2026. IC 16-19-3-34
- Maryland 2025 Not enacted HB 747 (2025): landlord septic inspection/pump-out before new tenants from 2028 and licensing date extensions; laid over in Senate. 2025 RS HB 747 (no chapter)
- Missouri 2025 Not enacted SB 601 (2025): DHSS to enforce state standard where local governments have not adopted it. 2025 SB 601 (introduced 1/21/2025; no passage found)
- North Dakota 2025 In force Interim DEQ installer-licensing rule: local installer licenses stay valid until 2026-12-31 or DEQ rules. NDAC 33.1-21-01-01 (rule change filed 2025)
- Hawaii Jun 6, 2025 In force Act 188 funds a DOH engineer position for cesspool conversions. Act 188, SLH 2025 (HB 879 CD1)
- Maine May 30, 2025 In force Resolve directing DHHS to amend septic rules to cut nutrient pollution (disposal-field short-circuiting); rule changes pending. Resolves 2025, c. 45 (LD 1550, 132nd Legislature)
- Texas May 15, 2025 Not enacted HB 5549 (89th Leg.) on OSSF regulation and planning, penalties and fees; died on House General State Calendar. Tex. H.B. 5549, 89th Leg., R.S. (2025)
- New Jersey Apr 21, 2025 In force 7:9A-2.1 and 8.3 amended: advanced pretreatment devices may be certified to NSF 40/245 by other accredited bodies. R.2025 d.044 (proposed 56 N.J.R. 1140(a)); DEP Docket 06-24-05
- Pennsylvania Apr 16, 2025 Takes effect later DEP draft proposed rulemaking to update Chapters 71-73 (first comprehensive update since 1997) presented to Sewage Advisory Committee. 25 Pa. Code Chs. 71, 72, 73 (draft; not yet published as proposed rule as far as found)
- Tennessee Apr 2025 In force TDEC may grant variances in contract counties that supersede stricter local rules; may require recording with register of deeds. Pub. Ch. 208 (2025), SB 113/HB 199, amending T.C.A. 68-221 Part 4
- Tennessee Apr 2025 In force 10-business-day review deadline for septic permit applications submitted by soil scientists. Pub. Ch. 229 (2025), SB 883/HB 1137
- Washington Apr 1, 2025 In force Rewrite of chapter 246-272A WAC on-site sewage systems rule takes effect. WSR 24-06-046 (filed 3/1/24)
Earlier changes, 2020–2024 (55)
2024
- Michigan Dec 2024 Not enacted SB 299 / SB 300 (2023-24): statewide sewage code written by EGLE; died at end of session. 2023 SB 299 (last action 12/13/2024, House committee referral; no public act)
- New York Nov 5, 2024 In force Suffolk County Water Quality Restoration Act: voters approve 1/8% sales tax for sewers and septic upgrades. State enabling law signed May 2024; Suffolk Proposition 2 (2024)
- New Hampshire Sep 17, 2024 In force Seller disclosure statute on private water and sewage systems amended. 2024, 223:1; RSA 477:4-c
- Oklahoma Sep 15, 2024 In force Chapter 641 amendments incl. septic tank design/liquid capacity; low pressure dosing fields section revoked. 41 Ok Reg, Number 23, effective 9-15-24
- Arkansas Sep 5, 2024 In force Onsite Wastewater rule revised to implement Acts 137 and 457 of 2023; interceptor drain and subdivision updates. ADH Rules Pertaining to Onsite Wastewater Systems (2024), eff. Sept 5, 2024
- New Hampshire Sep 1, 2024 In force Waterfront transfer rule rewritten (HB 1113): buyer-side licensed septic evaluation replaces seller-side site assessment. 2024, 107:3; RSA 485-A:39
- New Jersey Aug 1, 2024 In force Mandatory Seller's Property Condition Disclosure Statement for residential sales (includes septic/cesspool questions) plus Flood Risk Addendum. P.L.2024, c.32 (Real Estate Consumer Protection Enhancement Act); P.L.2023, c.93
- West Virginia Aug 1, 2024 In force Home Aeration Unit general permit reissued: perpetual maintenance contract, quarterly inspections, owner disclosure form. WV DEP General NPDES Permit WV0107000
- Hawaii Jul 8, 2024 In force HB 2743: UH Sea Grant to build a cesspool prioritization / sewer feasibility tool. HB 2743 (2024), signed July 8, 2024
- Indiana Jul 1, 2024 In force Ban on government-mandated septic inspections at sale/transfer (St. Joseph aquifer exception). P.L.157-2024 (HEA 1329), IC 32-21-5.2
- South Carolina Jul 1, 2024 In force DHEC split: septic permitting moves to new SC Department of Environmental Services (SCDES). 2023 S.C. Act No. 60
- Indiana 2024 Not enacted HB 1060 (2024) would have required a septic inspection before sale of a dwelling. HB 1060 (2024)
- New York Mar 20, 2024 In force Property Condition Disclosure Act: $500 credit opt-out repealed; disclosure statement (incl. septic question) now mandatory. RPL §462 as amended by A.1967/S.5400 (signed 2023-09-22)
- North Carolina Jan 1, 2024 In force 15A NCAC 18E replaces 18A .1900 as the on-site wastewater rules; earlier permits not retroactive. 15A NCAC 18E (adopted 2021); S.L. 2022-11 delay; S.L. 2023-77
2023
- Montana Dec 2023 In force Circular DEQ-4, December 2023 edition: revised subsurface wastewater standards. Circular DEQ-4 (2023 ed.), ARM 17.36.914
- Vermont Nov 6, 2023 In force Wastewater System and Potable Water Supply Rules amended (restores 18-inch bedrock separation for certain systems, among other fixes). Vt. Rule 23P016
- Alaska Oct 1, 2023 In force 18 AAC 72 wastewater rules rewritten: reorganized chapter, larger minimum tanks, expanded permit-by-rule. 18 AAC 72, Register 247 (eff. Oct 1, 2023)
- Maine Sep 23, 2023 In force New Subsurface Wastewater Disposal Rule: fill-age rules, seasonal conversions, minimum standards for transfer inspectors. 10-144 CMR ch. 241 (2023)
- Kentucky Aug 10, 2023 In force 902 KAR 10:085 certified without change; next 7-year expiration 8/10/2030. 902 KAR 10:085 (Cert. eff. 8-10-2023)
- Massachusetts Jul 7, 2023 In force Title 5 Nitrogen Sensitive Areas: systems in newly designated areas must use best available nitrogen-reducing technology (Cape Cod). 310 CMR 15.214-15.215, Mass. Register 1501
- Texas Jul 6, 2023 In force TCEQ amends Chapter 285: risers over all inspection ports, maintenance-tag info, 10-acre tract clarifications. Rule Project No. 2021-030-285-CE; 48 TexReg (June 30, 2023)
- Florida Jul 1, 2023 In force BMAP areas: new septic banned where sewer available; lots of 1 acre or less need 65% nitrogen-reducing systems. s. 403.067(7)(a)10, F.S.; s. 14, ch. 2023-169 (HB 1379)
- Indiana Jul 1, 2023 In force Local ordinances and health departments may not be stricter than state septic rule, including pre-sale inspections. IC 16-41-25-7, amended by P.L.232-2023 SEC.8
- Virginia Jul 1, 2023 In force VDH takes over Chesapeake Bay Act septic pump-out oversight on Eastern Shore, Middle Peninsula and Northern Neck. 2022 Va. Acts ch. 486
- Arkansas 2023 In force Act 457 of 2023: automatic occupational licensure and subdivision/recreational park program updates. Ark. Act 457 (2023)
- Iowa 2023 In force Amendment to Iowa Code §455B.172 (2023 Acts ch. 150 §1); substance not checked. 2023 Iowa Acts ch. 150, §1
- Montana 2023 In force Residential seller disclosure law (HB 296): sellers must disclose known adverse facts, including wastewater/septic problems. Ch. 375, L. 2023; MCA 70-20-501 to 70-20-505
- Utah Jun 29, 2023 In force Onsite Wastewater Systems rule R317-4 amended (incl. O&M and inspection tables). Utah State Bulletin 2023-14 (R317-4-11, R317-4-13)
- Arizona Jun 19, 2023 In force ADEQ limited OWTF rule update (Phase I technical fixes, e.g. cesspool definition). 29 A.A.R. 1023 (May 12, 2023)
- Nevada Jun 6, 2023 In force AB 220 (2023): no new septic systems on Colorado River-supplied properties without SNWA waiver; health districts may fund septic-to-sewer conversions. AB 220, 82nd (2023) Session
- Alabama Apr 25, 2023 In force Sunset bill continues the Alabama Onsite Wastewater Board (installer/pumper licensing). Ala. HB194 (2023 Reg. Sess.), enacted
- California Apr 18, 2023 In force State Water Board amends and renews the statewide OWTS Policy, updating Tier 3 impaired water body lists. Water Quality Control Policy for OWTS, amended Apr 18, 2023
- New York Apr 5, 2023 In force Lake George Park Commission mandatory 5-year septic inspections near Lake George. 6 NYCRR 646-3.6
- Alabama Feb 13, 2023 In force Chapter 420-3-1 onsite sewage rules repealed and replaced (new rule set). Ala. Admin. Code ch. 420-3-1, Repealed and New Rule published Dec 30, 2022; effective Feb 13, 2023
2022
- Virginia Nov 24, 2022 In force Fast-track amendments add TL-2/TL-3 dispersal and pump station design criteria to Sewage Handling and Disposal Regulations. 12VAC5-610-120, -250, -880, -930 to -960, new -966
- Rhode Island Jul 1, 2022 In force OWTS rules amended again (incl. §6.55 and §6.57). 250-RICR-150-10-6, amended effective 7/1/2022
- South Carolina Jul 1, 2022 In force R.61-56 rewrite: 3-tier installer licensing, backhoe pits above Fall Line, private soil work for 10+ lot subdivisions. S.C. Code Regs. R.61-56 (revised; effective July 1, 2022)
- California 2022 In force Santa Cruz County requires point-of-sale septic inspections (local ordinance, not statewide). Santa Cruz County Code ch. 7.38 (amended 2022)
- Nebraska Jun 27, 2022 In force Title 124 Onsite Wastewater Treatment Systems rewritten; new statewide general permits (septic/leach field, mound, lagoon, holding tank). Neb. Admin. Code Title 124 (eff. June 27, 2022); General Permit GTS220000
- Hawaii Jun 2022 In force Act 87 amends HRS §342D-72: every cesspool must be upgraded, converted or sewered before Jan 1, 2050, with director exemptions. Act 87, SLH 2022 (HB 1806); HRS §342D-72
- Idaho Mar 31, 2022 In force Alternative/proprietary system requirements moved from the Technical Guidance Manual into rule. IDAPA 58.01.03, Docket No. 58-0103-1901
2021
- Rhode Island Dec 28, 2021 In force OWTS rules amended (incl. §6.55 O&M and §6.57 cesspool phase-out sections). 250-RICR-150-10-6, amended effective 12/28/2021
- Oklahoma Sep 15, 2021 In force Chapter 641 amendments to soil tests and dispersal field rules. 38 Ok Reg 1839, eff 9-15-21
- New Jersey Jul 6, 2021 In force 7:9A-3.17 amended: NEHA advanced installer certification no longer required for proprietary technologies. R.2021 d.068, 53 N.J.R. (July 6, 2021); DEP Docket 02-20-05
- Florida Jul 1, 2021 In force Clean Waterways Act moves the onsite sewage program from DOH to DEP; county health departments keep permitting. Ch. 2020-150, Laws of Fla. (SB 712)
- New York Jul 1, 2021 In force Suffolk County: I/A nitrogen-reducing septic systems required for new construction and major reconstruction (Sanitary Code Art. 6). Suffolk County Sanitary Code Article 6 (Art. 19 governs I/A OWTS management)
- Maryland 2021 In force 2021 law requires anyone inspecting on-site sewage systems (e.g. for property transfers) to hold an MDE license from July 1, 2022. Md. Code, Env. § 9-217.2; COMAR 26.04.12
- Minnesota 2021 In force MPCA amends 7082 inspection rules (when tank pumping is needed to finish a compliance inspection; SDS vs local permits). 45 SR 725 (Revisor ID R-04478)
- South Dakota Apr 19, 2021 In force DENR merged into new Department of Agriculture and Natural Resources (DANR); septic rule definitions updated. SL 2021, ch 1, §§ 8, 19 (source note to ARSD 74:53:01:01)
2020
- Oklahoma Sep 15, 2020 In force Chapter 641 broad amendment (definitions, operation/maintenance, aerobic systems, fees). 37 Ok Reg 1296, eff 9-15-20
- New Mexico Jul 1, 2020 In force Liquid waste fee rule replaced; annual operating permits for advanced, alternative and holding-tank systems incl. on transfer of ownership. 20.7.11 NMAC (EIB 19-42(R)), effective 7/1/2020
- New Jersey 2020 Not enacted S569 (2020-2021): would have required sellers to give buyers septic inspection results; not enacted. NJ S569, 2020-2021 session
- Pennsylvania 2020 In force Act 34 of 2020 (SB 1030): DEP must accept alternate onlot systems for general site suitability in new land development planning. Act 34 of 2020, amending Sewage Facilities Act §5(c.1)-(c.2), 35 P.S. §750.5
- Kentucky Mar 20, 2020 In force Technical amendment to 902 KAR 10:085. 902 KAR 10:085 (TAm eff. 3-20-2020)
- Maine Jan 1, 2020 In force Shoreland transfer inspection extended from the coastal shoreland zone to all shoreland zones statewide. PL 2019, c. 43 (LD 216), 30-A M.R.S. §4216(2)(A)
Did not become law: Hawaii (HB 1749 HD2 SD1), Vermont (H.882), Vermont (H.746), Michigan (2026 SB 771), Maryland (2026 RS SB 165), Rhode Island (2026 -- H 7635), Maryland (2025 RS HB 747), Missouri (2025 SB 601), Texas (Tex. H.B. 5549, 89th Leg., R.S.), Michigan (2023 SB 299), Indiana (HB 1060), New Jersey (NJ S569, 2020-2021 session).
State rule, county permit: who to call
The state writes the minimum rules; the office that issues the permit enforces them and can be stricter. In 26 states that is a county, town or regional health department; in 13 (Alaska, Delaware, Hawaii, Louisiana, Mississippi, Nebraska, New Hampshire, New Mexico, Oklahoma, Rhode Island, South Carolina, Tennessee and Vermont) a state agency issues permits directly; in the other 11 it depends on where you live — a county authorized agent in much of Texas, for example, and the state where there is none.
For a permit, a sale or a complaint, start with the office named in your state’s card. It can also tell you about county ordinances this page doesn’t cover, and the soil and site steps on our perc test and permit process page.
Texas and Florida in detail
Texas
TCEQ’s rules in 30 TAC Chapter 285 apply statewide; permits come from your county or city OSSF authorized agent; where there is none, the TCEQ regional office. 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. 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. How aerobic maintenance contracts work.
The last rule change took effect Jul 6, 2023 (tCEQ amends Chapter 285: risers over all inspection ports, maintenance-tag info, 10-acre tract clarifications). Tex. H.B. 5549 would have changed septic regulation, penalties and fees; it died in the House in 2025, so it is not law.
Florida
Since Jul 1, 2021 the program has been run by the Department of Environmental Protection, not the Department of Health; county health departments still issue most permits. Florida has no statewide septic inspection at sale and no statutory seller disclosure form. 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.
The biggest change for owners is in basin management action plan (BMAP) areas: bMAP areas: new septic banned where sewer available; lots of 1 acre or less need 65% nitrogen-reducing systems (s. 403.067(7)(a)10, F.S.). In 2026, Ch. 2026-62, Laws of Fla.: locals cannot demand the septic construction permit before building/plumbing permits if application proof shown; 90-day grace for new DEP rules. Nitrogen-reducing and other alternative systems.
Methodology and limits
Primary text only. Each state was researched from its statutes, administrative code and state agency pages; official mirrors (Cornell LII, Justia) were used where a state site blocked access, and that is noted in the data. Contractor and real-estate blogs were used only as leads. Quotes are verbatim and 40 words or fewer.
A second source for the headline column. Every state classed as requiring an inspection, or leaving it to counties and zones, plus 8 disclosure-only and no-requirement states, was rechecked against a different primary source. No class changed.
One test for every state. “Seller disclosure only” means a mandatory statewide disclosure whose form asks about the septic system; a voluntary form or a disclosure that disclaims septic counts as no requirement. Rhode Island is shown separately because its sale rule reaches cesspools only.
Null over guess. 27 cells in 18 states could not be fully confirmed — usually a date or a detail of a recent change. They are flagged on the card with the agency to check with, never filled in.
Limits. County and town ordinances, HOA rules and lender requirements are out of scope. Tank sizes are on minimum tank size in your state.
This is a research summary, not legal advice. Laws change, and counties and towns can add rules. Before you buy, sell or build, confirm what applies with the state or local agency named for your state.
Download or cite the data
The full dataset — all 50 states, every class with its citation, quote, source URL, second source and checked date — is free to reuse under CC BY 4.0: credit Septic Fixes with a link to this page.
Download the CSV (137 KB)JSON (183 KB)
Cite this data
Septic Fixes (2026). Septic laws by state, checked October 9, 2026. https://www.septicfixes.com/septic-laws-by-state
Linking to one state? Add ?state= and its code, such as ?state=TX, to open its card.
Frequently asked questions
- What are the septic tank laws in my state?
- Each state sets the rules and, in most, a county or local health department issues the permit. States differ on who to call, whether an inspection is required at sale, whether owners must pump or inspect on a schedule, and what changed recently. Look up your state for all four, each with its source.
- Do you need a septic inspection to sell a house?
- Only in a few states: Arizona, Delaware, Iowa, Massachusetts and New Mexico before most sales, Rhode Island for cesspools only, and Washington from February 1, 2027. In 10 more, some counties, towns or zones can require one. Elsewhere it’s usually the buyer’s choice; a lender, the county or the contract may still ask for one.
- Who pays for the septic inspection when selling a house?
- Where the rule names the seller, the seller arranges it (Arizona and New Mexico). Under the shoreland and waterfront rules of Maine and New Hampshire, the buyer does. Elsewhere it’s set by the purchase contract, and the buyer usually pays. Prices are on what a septic inspection costs and who pays.
- What is the new septic law in Florida?
- Since Jul 1, 2023, in basin management (BMAP) areas: bmap areas: new septic banned where sewer available; lots of 1 acre or less need 65% nitrogen-reducing systems (s. 403.067(7)(a)10, F.S.; s. 14, ch. 2023-169 (HB 1379)). In 2026, Ch. 2026-62, Laws of Fla. (CS/CS/CS/HB 589): locals cannot demand the septic construction permit before building/plumbing permits if application proof shown; 90-day grace for new DEP rules. See Florida in detail.
- What are the septic laws in Texas?
- TCEQ’s rules (30 TAC Chapter 285) apply statewide; permits come from your county or city authorized agent, or TCEQ where there is none. 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. 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. See Texas in detail.
- What are the new Tennessee septic laws?
- No rewrite of the rules, but 3 public chapters in 2025–26: septic pumpers who dump sewage unlawfully: Class B misdemeanor and permit suspension/revocation; tDEC may grant variances in contract counties that supersede stricter local rules; may require recording with register of deeds; 10-business-day review deadline for septic permit applications submitted by soil scientists. Exact effective dates weren’t confirmed; check with TDEC.
- Are old septic systems grandfathered?
- Generally yes, until the system is repaired, altered, expanded or fails — North Carolina’s 2024 rules, for example, are not retroactive to earlier permits. Sale rules are the main exception: in Arizona, Delaware, Iowa, Massachusetts, New Mexico and Rhode Island a sale can trigger an inspection or, for Rhode Island cesspools, replacement.
- Is there a federal septic law?
- No. The EPA publishes guidance; states write the rules and counties or local health departments usually enforce them.