HB 28 was drafted by the interim Water Policy Committee.
When land is subdivided pursuant to the Sanitation in Subdivision Act, the placement of wells and septic systems on one parcel can have the effect of preventing an adjacent parcel from developing a part or in some cases, any part of a neighboring parcel when a septic mixing zone extends onto that parcel. Drainfield mixing zones that extend onto a neighboring parcel prevent the owner of the neighboring parcel from placing a well or septic system in the mixing zone. A mixing zone is the area where groundwater is projected to exceed safe standards for nitrates . At present a mixing zone extending onto a parcel not owned by the sub-divider does not require the permission of the neighboring parcel property owner.
This bill would assure protection of the property rights the of neighboring parcel owner by the person subdividing property. It requires that the sub-divider to get an easement if the mixing zone extends onto property that the sub-divider does not own. The adjacent property owner could charge for an easement or simply not permit one to be placed on his land.
This bill is a good public health bill and a bill that protects takings of property rights by adjacent subdivision.
Pat O'Herren writes:
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Jim Carlson:
ReplyDeleteHB 28 was drafted by the interim Water Policy Committee.
When land is subdivided pursuant to the Sanitation in Subdivision Act, the placement of wells and septic systems on one parcel can have the effect of preventing an adjacent parcel from developing a part or in some cases, any part of a neighboring parcel when a septic mixing zone extends onto that parcel. Drainfield mixing zones that extend onto a neighboring parcel prevent the owner of the neighboring parcel from placing a well or septic system in the mixing zone. A mixing zone is the area where groundwater is projected to exceed safe standards for nitrates . At present a mixing zone extending onto a parcel not owned by the sub-divider does not require the permission of the neighboring parcel property owner.
This bill would assure protection of the property rights the of neighboring parcel owner by the person subdividing property. It requires that the sub-divider to get an easement if the mixing zone extends onto property that the sub-divider does not own. The adjacent property owner could charge for an easement or simply not permit one to be placed on his land.
This bill is a good public health bill and a bill that protects takings of property rights by adjacent subdivision.
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