What’s Happening?
On March 6, 2026, the State Board of Health (board) initiated rulemaking to consider amending WAC 246-272A-0210 to clarify the minimum horizontal separations for surface water used as a public and nonpublic drinking water source.
Why?
The board has the authority under RCW 43.20.050(3) to adopt rules for the design, construction, installation, operation, and maintenance of on-site sewage systems (OSS) with flows of less than 3,500 gallons per day. Chapter 246-272A WAC establishes the standards for these systems, and the Department of Health (department) implements the OSS program.
In March 2024, the board adopted the most recent revisions to chapter 246-272A WAC. Under this rulemaking, the minimum horizontal separations, or setbacks, in Table IV of WAC 246-272A-0210, were amended. The setback requirement for surface water used as a public drinking water source measured from the ordinary high-water mark was increased to proactively protect source water around surface water intakes.
In November 2025, the board received a petition for rulemaking. The petition described unintended consequences of the rule change, including limiting or prohibiting development along river systems regardless of where water is withdrawn for drinking water, and requested that the board change the setback for surface water used as a public drinking water source back to what it was in the previous version of the rule. The board accepted the petition.
On July 21, 2026, the board filed proposed changes to WAC 246-272A-0210 to clarify the minimum horizontal separations for surface water used as a public and nonpublic drinking water source. The board is also proposing to make several technical, grammatical, and editorial corrections throughout chapter 246-272A WAC.
Get Involved
Provide Comments
The board invites you to comment on the proposal through September 17, 2026, at midnight. A public hearing will be held on October 1, 2026, beginning at 1:30 p.m. to give you an opportunity to provide oral comments.
- If you wish to attend the public hearing virtually, please register on Zoom.
- If you wish to attend this public hearing in-person, it will be held at:
Norm Dicks Government Center Auditorium
345 6th St., Bremerton, WA 98337
Written comments can be sent through e-mail to shay.bauman@sboh.wa.gov or may be submitted online on the department’s rules comment page.
Please note that all comments received, whether in-person, by email, or online, will be given the same consideration. We encourage you to comment in a manner that is most convenient for you.
Proposed Rule Documents:
- CR-102: proposed rulemaking with proposed rule language (PDF)
- Significant analysis (Word)
- Environmental justice assessment (PDF)
Tentative Rulemaking Timeline
- March 2026 – Start rulemaking
- May 2026 – Informal comment period
- July - October 2026 – Formal comment period
- October 2026 - Public hearing
- November 2026 – Rulemaking complete
Rulemaking Files
| Document | What's This? | Date Filed |
|---|---|---|
| CR-101 – preproposal statement of inquiry (PDF) | Announces intent of rulemaking | March 6, 2026 |
| Chapter 246-272A WAC draft changes (Word) | Draft changes for informal public comment period. Comments were due by May 20, 2026. | N/A |
| CR-102: proposed rulemaking with proposed rule language (PDF) | Announces proposed permanent rulemaking. | July 21, 2026 |
Contacts
- Kseniya Efremova, Rules Coordinator, Environmental Public Health
- Heather Watts-Goodfellow, OSS Program Supervisor, Environmental Public Health
- Shay Bauman, Policy Advisor, State Board of Health