Letter: Proposed septic law needs changed

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To the editor:

Section 211: No new residential construction is allowed in a floodplain defined by FEMA (Federal Emergency Management Administration). For any current dwelling located in a floodplain in which there is a failed septic system or no septic system, or where the septic system must be upgraded or increased in size, the homeowner must install an elevated sand-lined system or elevated sand mound.

The first sentence of Section 211 is concerning for a variety of reasons. It is poorly worded and creates a blanket statement that goes far beyond current local, state and national rules/codes. The floodplain topic is more complicated than one would think, and the first sentence of Section 211 reflects of a lack of understanding. Terminology with the floodplain discussions vary between sources, which further complicates things.

The floodplain consists of the floodway and the flood fringe. The flood fringe is further divided into the 100-year and the 500-year flood fringes.

The floodway is regulated by the Indiana Department of Natural Resources. Generally speaking, no new residential construction is allowed in the floodway.

The 100-year flood fringe is mapped by FEMA as the Special Flood Hazard Area (SFHA) and flood insurance is required for any homes in this area that have a mortgage. New residential construction is allowed in the 100-year flood fringe if certain criteria is met, such as first floor being 2 feet above the regulatory flood elevation (RFE) or base flood elevation (BFE).

Septic leach fields associated with new construction are not allowed in the 100-year flood fringe; however, a septic tank can be installed within the 100-year flood fringe. The tank and riser must be installed according to 410 IAC 6-8.3-63. If installed correctly, the top of the riser is above the RFE and all joints and access panels below the RFE are watertight. Similarly, we have sewer lines that run through floodplains and under streams and rivers; the key is that they are watertight.

The 500-year flood fringe has no restrictions for new residential construction or septic system installations. Flood insurance is not required for homes located in the 500-year flood fringe.

FEMA’s definition of floodplain is: “Floodplain. Any land area susceptible to being inundated by floodwaters from any source.” How can this broad definition be applied to new construction or the installation of septic systems?

I recommend leaving the construction of new residential homes to the Brown County Planning Commission and that Brown County follow 410 IAC 6-8.3 for septic system installations. We should not make parcels that have potential to be buildable unbuildable due to a lack of understanding.

I encourage the commissioners to reach out to Brown County Planning Commission, Indiana Department of Health, Indiana Department of Natural Resources (IDNR), and any others to verify and to gain understanding prior to accepting Section 211 as part of the new ordinance.

My opinion is that Section 211 needs removed from the proposed ordinance. The fact that Section 211 was included in the proposed ordinance and accepted by the health board leads me to question the accuracy and quality of the entire proposed ordinance.

We should always keep in mind that state and national codes are written and scrutinized by professionals with expertise in the areas covered that we may not have at the local level. The county should always be mindful of this and proceed with reservation when considering any rules above what is required by the state or national codes.

Brad Williamson, Brown County

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