Pursuant To: Session Law 2018-65 (HB573)
Source: Nancy Deal; Branch Head, Onsite Water Protection
Issue: Well Setbacks and Casing Depth Requirements
Discussion and Rationale:
There has been some confusion since the enactment of Session Law 2018-65 (HB 573), specifically related to the requirement for 35’ of casing for wells drilled less than 100’ to the septic system and repair area.
Session Law 2018-65 amended language in 2C. 0107(a)(2)(A) to declare that the minimum horizontal separation distance between a well serving a single-family dwelling and a septic tank and drainfield (including the drainfield repair area), shall be 50’, unless it is a septic system installed in saprolite. This change eliminates the requirement for water supply wells to be located 100’ from a septic system/drainfield or repair area (if serving a single-family dwelling). Note that 15A NCAC 18A does not allow reduced separation from a septic tank and drainfield to a downslope uncased well used as a drinking water source.
The new legislation does away with the requirement to address fixed lot conditions if the well is less than 100’ to a septic system and repair area. Rule 02C. 0107(d)(4)(C) no longer applies to wells drilled less than 100’ to the septic system and 35’ of casing is no longer required. A well would only be required to have a minimum of 20’ of casing (unless located in areas designated in 2C .0116 or 2C. 0117) and 20’ of grout.
In summary,
- A well serving a single-family dwelling can be permitted less than 100’ to a septic system and repair area and would require a minimum of 20’ of casing and 20’ of grout.
- A shared well is required to be 100’ from a septic system and repair area and requires a minimum of 20’ of casing and 20’ of grout.
- A well serving a lot that has a septic system installed in saprolite is required to be a minimum of 100’ to the septic and repair area and required to have a minimum of 20’ of casing and 20’ of grout.
- A well serving a single-family dwelling with fixed lot conditions can be permitted less than 50’ to a sewage or liquid waste collection or transfer facility constructed to water main standards (2C. 0107(a)(3)(b)) and less than 100’ to an animal barn (2C. 0107(a)(3)(c)) and this requires a minimum of 43’ of casing and 20’ of grout.
- Wells drilled in the areas designated in 2C .0117 are now required to have a minimum of 43’ of casing and 20’ of grout.
We apologize for the confusion and hope this clarifies the new requirements. Should you have additional concerns please do not hesitate to contact your regional specialist. Thank you.