TRAVERSE CITY — A Grand Traverse County ordinance currently under consideration would require sewer system inspections at the time of sale or transfer of a property, with certain exceptions.
Approximately 25,000 households in the county have sewage systems. The average cost for a complete inspection of a septic system is approximately $400 to $750, depending on the location and the amount of labor required.
Additionally, replacing a broken septic system (tank and septic field) can be expensive. Costs range from about $6,000 to up to $50,000, depending on the type and complexity of the installation as well as the amount of water and type of property.
This is an expense that many homeowners are not prepared for – or do not consider.
However, the actual number of inspections required per year under the proposed ordinance would average about 1,800 properties — that's the number sold or transferred in the county each year.
In the current draft, the ordinance would only apply to properties that “touch surface water or border a body of water such as a lake, stream or river.”
Another option on the table is to include all properties located within 500 feet of a body of water.
Depending on which of these “trigger clauses” are used in the final draft, the annual number of mandatory inspections could be between 100 and 300, although the actual number will not be known until further investigations are completed.
“We don’t have the capacity right now to do hundreds and hundreds of inspections a year,” said Mike Lahey, deputy health officer for the county health department. “That’s why we’re proceeding cautiously. As the saying goes, learn to walk before you run.”
GENERAL OBJECTIVE
The overall goal of the measure is to protect local waterways and groundwater from contamination caused by faulty sewage treatment plants.
“Regardless of their political leanings, almost everyone who lives here agrees that our water resources are worth protecting,” Lahey said. “People who visit this area also say they appreciate our lakes, rivers and beaches.”
“At the same time, we have to weigh other concerns,” he said, such as homeowners’ ability to sell or transfer property in a timely manner.
County leaders discussed the proposed ordinance in ad hoc committee meetings to refine the text of the proposed ordinance.
“I support adopting an ordinance in Grand Traverse County,” said Commissioner TJ Andrews, an environmental attorney who sits on the ad hoc committee. “We should have had one at least a decade ago.”
“It’s a small step, a small nibble,” she said. “I think we need to make the regulation more comprehensive, but we also need to start somewhere. If necessary, we could change the regulation later.”
The next Ad Hoc Committee meeting on the proposed regulation is scheduled for Monday, December 2nd at 2 p.m. in the Great Lakes Conference Room of the Governmental Center in Traverse City.
CONDITIONS & PENALTIES
If the draft ordinance passes, the county can rely on certified outside inspectors to do much of the field work, officials said.
Under current text, the inspector must certify that the sewer system “will not have an adverse impact on public health or the environment or violate other applicable rules or regulations” before a property can be sold or transferred.
A copy of this report must be provided to potential buyers prior to closing.
If a septic system is deemed “non-compliant,” a corrective action plan must be submitted to the county health department within 30 days. If the plan is approved, this corrective work must be completed within 180 days.
Property owners are required to cooperate with inspectors and health department officials.
In the event of septic system noncompliance and a voluntary agreement cannot be reached, the owner may be subject to fines ranging from $200 to $1,000, subject to appeal.
County officials joined with other area stakeholders to get their input on the proposed ordinance, including East Bay Township Supervisor Beth Friend; Claire Karner, East Bay planning director; and Conner Miller, director of government affairs at Aspire North.
Other contributors include: Long Lake Township Planner Cody Stricker; Maxwell Cameron, community development coordinator; Sheriff’s Deputy Matt Jerome; and Heather Smith of the Watershed Center.
WHAT DRIVES THE CHANGE?
Michigan is the only state in the USA without statewide hygiene regulations. That means residential water wells and septic systems are subject to a patchwork of local regulations, some much stricter than others.
Currently, 11 of Michigan's 83 counties require septic system inspections, although many communities have their own regulations.
For example, Long Lake Township in Grand Traverse County already has an inspection ordinance in place. Other communities in the area require a septic tank inspection for short-term rental properties.
At the state level, lawmakers led by state Rep. Phil Skaggs, D-East Grand Rapids, have been working on two similar bills that would require inspections every five years — not just at the time of transfer. State Sen. Sam Singh, D-East Lansing, is sponsoring a Senate version of the bills.
But many county officials and other stakeholders say the five-year rule and the additional stringent requirements it brings would overwhelm available resources at the local level.
If Grand Traverse County passes its own inspection ordinance before Lansing passes a new law, it would have a grace period of seven to 10 years before the new state law, if passed, would take precedence.
Essentially, the county would be able to get ahead of state law by several years, allowing additional time to build capacity and certify new inspectors.
Connor Miller, director of government affairs for Aspire North, said his group is closely following both local and state developments. Aspire North, formerly known as the Traverse Area Association of Realtors, currently has approximately 1,000 members and 150 to 200 affiliate members.
“When Leelanau County enacted its (septic tank inspection) ordinance in January 2023, some of our members felt blindsided,” he said. “Therefore, it is very important to educate our members about what is being proposed and how it could impact real estate transactions.”
Aspire North supports a time-based inspection system because “the quality of our environment simply affects all of us,” Miller said.
If the Legislature schedules a vote on the proposed statewide legislation, which some observers say could come as early as Dec. 19, the Grand Traverse County Board is prepared to act before then and enact its own ordinance first.
“In situations like this, we can give away a dime if necessary,” said Board Chairman Rob Hentschel.
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