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Kerr County Clarifies Proposed Septic Permit Changes, Says Existing Systems Will Be Grandfathered


Kerr County Environmental Health

KERR COUNTY, Texas — Kerr County Environmental Health officials are clarifying proposed changes to the county's Onsite Sewage Facilities (OSSF) Order following misinformation circulating on social media.

The clarification comes after a Facebook post published on June 27 raised concerns about proposed revisions to the county's septic system regulations.

According to Kerr County Environmental Health, the proposed changes would add a new Section 9 to the county's OSSF Order, establishing more stringent permitting requirements for future septic systems.

Under Texas Administrative Code Section 285.10, local governments are authorized to adopt standards that are stricter than the state's minimum requirements when necessary to protect public health and the environment. County officials said the proposed changes are intended to better safeguard human health and groundwater resources.

Historically, Kerr County followed a provision in the Texas Health and Safety Code that exempted certain single-family homes on tracts of 10 acres or more from obtaining a septic permit, provided sewage disposal lines were at least 100 feet from the property line.

If adopted, the proposed rules would require permits for all future onsite sewage systems, regardless of property size.

County officials emphasized that the proposed changes are not retroactive.

Existing septic systems will remain grandfathered as long as they were installed before rules adopted on Sept. 1, 1989, or continue to meet the original state exemption requirements. Those requirements include:

  • The system serves only one single-family residence on a tract of 10 acres or more.
  • All wastewater is disposed of entirely on that property.
  • The system does not create a public health nuisance or contaminate groundwater.

Officials said property owners with properly functioning septic systems on qualifying 10-acre tracts will not be required to obtain permits simply because of the proposed rule change unless additional residences or structures connected to an onsite sewage system are added to the property.

The proposal would primarily affect new septic system installations, as well as existing systems that are altered, repaired, or upgraded.

Kerr County also noted that permitting fees would apply only to new installations or systems undergoing repairs, alterations, or upgrades.

Residents with questions about the proposed changes are encouraged to contact the Kerr County Environmental Health Office at 830-896-9020 or envhealth@env.kerrcountytx.gov.