To: Board of County Health
Through: Jennifer Ludwig, Public Health Director, Public Health
Prepared By:
prepared
Steven Chevalier, Environmental Health Manager, Health Protection and Response
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presenter
Presenter: Steven Chevalier, Environmental Health Manager, Health Protection and Response
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Subject:
title
Proposed Revisions to the Arapahoe County On-Site Wastewater Treatment System (OWTS) Regulations: Hearing and Adoption
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Purpose and Request:
recommended action
ACPH requests that the Arapahoe County Board of Health conduct a public hearing and consider adoption of proposed updates to the Arapahoe County On-Site Wastewater Treatment System (OWTS) Regulations. The proposed updates are required to align local regulations with revisions adopted by the Colorado Department of Public Health and Environment (CDPHE) to Regulation 43 in June 2025. The updates incorporate mandatory state changes, continue select local opt-in provisions currently in effect, and adopt additional discretionary provisions intended to improve clarity, consistency, public health protection, and administrative efficiency.
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Background and Discussion: The Arapahoe County Board of Health has authority to adopt and revise local On-Site Wastewater Treatment System (OWTS) regulations pursuant to the Colorado On-Site Wastewater Treatment System Act, C.R.S. §§ 25-10-101 et seq. This Act authorizes local public health agencies to promulgate regulations that establish minimum standards for the permitting, siting, installation, inspection, operation, maintenance, and use of OWTS, provided those regulations are at least as stringent as state requirements. In June 2025, the Colorado Department of Public Health and Environment (CDPHE) adopted revisions to Regulation 43, which establishes statewide minimum standards for OWTS. Regulation 43 requires local public health agencies to adopt updated local regulations consistent with the revised state requirements by June 15, 2026. Failure to adopt compliant local regulations may result in CDPHE assuming permitting and oversight responsibilities within the jurisdiction. ACPH has developed a comprehensive update to its OWTS Regulations to incorporate mandatory state changes, continue select local opt-ins currently in effect, and adopt additional provisions allowed under Regulation 43 that are intended to improve clarity, consistency, public health protection, and administrative efficiency. A Board of Health study session was conducted on February 18, 2026, during which staff provided an overview of the proposed regulatory updates, stakeholder engagement process, local opt-in considerations, and adoption timeline. The proposed regulations presented for adoption reflect feedback received during that study session and through stakeholder engagement.
Alternatives: The Board of Health may consider the following alternatives:
One alternative is to adopt only those changes that are mandatory under CDPHE Regulation 43 and make no additional local opt-in decisions. This approach would ensure minimum compliance with state law but would eliminate several existing local provisions that ACPH is currently using to address site-specific conditions, oversight needs, and administrative efficiency.
A second alternative is to adopt the mandatory state changes, continue existing local opt-ins currently in effect, while not adopting the 2026 proposed opt-ins. This approach would maintain regulatory continuity for homeowners, designers, installers, and staff while preserving established local oversight; however, it would not incorporate additional provisions intended to address emerging system types, updated technical practices, or identified gaps in clarity and enforceability.
Fiscal Impact: ACPH anticipates that the proposed regulation updates will largely be implemented within existing program structure and staffing. Mandatory state changes under Regulation 43 primarily involve updated technical standards, inspection requirements, and administrative procedures rather than new program areas. Continued and proposed local opt-ins may affect staff review time, inspection complexity, and ongoing oversight responsibilities. Those impacts will be captured in subsequent fee calculations and revisions that will be presented to the Board at a later date.
Alignment with Strategic Implementation Strategies: In this section, complete the survey using this link: <https://survey.alchemer.com/s3/8367566/AC-Decision-Support-Framework>. Once complete, attach the PDF to this report and leave the following language here, “The attached framework helps Arapahoe County institutionalize values-based, transparent decision-making, documenting how we make decisions and carry out actions to achieve the county’s strategic plan.” If this report is quasi-judicial, from a third-party or a drop-in, do not complete the survey and list “N/A” in this section. If a form was completed for a previous meeting on this, you may use the past form.
Staff Recommendation: ACPH staff recommend that the Board of Health conduct the public hearing and adopt the proposed revisions to the Arapahoe County On-Site Wastewater Treatment System (OWTS) Regulations as presented
Motion(s): Move to adopt the proposed revisions to the Arapahoe County On-Site Wastewater Treatment System (OWTS) Regulations, effective May 7, 2026