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of the rule change, including limiting or prohibiting development along river systems regardless of where water is withdrawn for drinking water, and requested that the board change the setback for surface water used as a public drinking water source back to what it was in the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.
This rulemaking project will explore 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 will also consider making a limited number of technical edits to correct errors discovered after implementation of the revised rule.
Get Involved
The department and board will use a collaborative rule-making approach. The department will keep interested parties informed of the rule development through email and regularly posted information on this page. The department will also post draft rules on this page when the draft rules are ready. To receive notices regarding this rulemaking, please sign up for the department’s GovDelivery listserv.
Tentative Rulemaking Timeline
- March 2026 – Start rulemaking
- May 2026 – Informal comment period
- September-November 2026 – Formal comment period
- November 2026 - Public hearing
- December 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 |
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