Saving Alternative Septic Systems in Virginia

One of the attractions of Lake Anna is its rural setting. Lake Anna is surrounded by Spotsylvania, Louisa, and Orange counties although most of the lake is within the first two.

Located out in the country, public services are not available. Homeowners rely on well and septic fields in place of public sewage and public water. Most of the septic fields are gravity feed while others are pump up systems with holding tanks.

Site evaluation and soil assessment may determine that neither one of these systems is viable. At that point alternative septic systems are generally considered. I should add that some property owners elect to use an alternative system for ecological and/or aesthetic reasons. These systems generally require less space which can mean fewer trees destroyed on heavily wooded lots.

Some local governments have taken action to ban alternative septic systems. This has created problems for property owners. The Virginia Association of REALTORS® (VAR) was contacted by a number of local REALTOR® associatons regarding this action by some local governments. VAR, working with the Office of the Attorney General has made it known that while the Code of Virginia allows local governments to regulate alternative septic systems, it does not give them the authority to ban them.

Currently there is a bill before the legislature, Senate Bill 1276 / House Bill 1788
Alternative Septic Systems (Martin / Hull). The bill clarifies that the General Assembly must expressly approve the ban. Local governments may not do this without that authorization.

Passage is anticipated later this week. Meanwhile VAR lobbyists and local governments are still negotiating the legislation.