Type I subsurface sewage treatment systems (SSTS) have a long history of providing reliable, simple, and cost-effective sewage treatment across Minnesota. Type I SSTS are mounds (shown), at-grades, trenches, or beds that are designed and installed in accordance with Type I prescriptive requirements of Minnesota Rules.
While there is no state rule requirement mandating that Type I SSTS be installed on any lot, Minn. Rule 7082.0100 subp. 3 F is commonly misinterpreted as a mandate for Type I SSTS installation. This article is intended to provide clarification on what this provision does (and does not) require.
Some background
LGUs are required to adopt certain provisions into their local ordinance. One of those required provisions is Minn. Rule 7082.0100 subp. 3 F:
A provision that requires that all lots created after January 23, 1996, have a minimum of two soil treatment and dispersal areas that support systems as described in parts 7080.2200 to 7080.2230 which regulate Type I SSTS... .
As such, every SSTS ordinance adopted by an LGU must contain the above lot creation provision language.
What is considered a “lot?”
Appropriate implementation of 7082.0100 subp. 3 F requires knowing the definition of “lot” from Minn. Rule 7080.1100 subp. 45.
"Lot" means a parcel of land in a plat recorded in the office of the county recorder or registrar of titles or a parcel of land created and conveyed, using a specific legal description, for a building site to be served by an ISTS (individual sewage treatment system).
Note – the above definition of “lot” applies to Minn. Rules 7080-7083 and may not match the local zoning office definition of “lot” used for zoning and other related activities.
It is important to highlight the language at the end of the definition, “for a building site to be served by an ISTS.” This means that not every parcel of land created is considered a lot under Minn. Rules 7080-7083. For example, if a landowner were splitting a 40-acre wetland parcel into two parcels and neither parcel will have “a building site to be served by an ISTS,” then those parcels are not considered lots under SSTS rules. Furthermore, they would not be subject to the two Type I provision in 7082.0100 subp 3 F.
What 7082.0100 subp. 3 F requires (and what it doesn't)
7082.0100 subp. 3 F does not address SSTS design or installation. Instead, it simply requires LGUs to ensure that all new lots created after January 23, 1996, are capable of supporting two Type I SSTS.
In other words, it requires that the space, soils, topography, etc. exist on a lot to allow for the design and installation of two Type I SSTS. The provision does not require that a Type I SSTS ever be installed, or, if a system is installed, that it be a Type I SSTS.
Ultimately, the decision regarding the type of SSTS designed and installed on a lot is based on a combination of other state rules, local ordinance, site conditions, and property owner’s preference.
Lot Creation with an Existing SSTS
When a landowner proposes to split a parcel with an existing Type I SSTS, all resulting lots must be compliant with 7082.0100 subp. 3 F, including the new lot with the existing SSTS. However, the existing Type I SSTS would count towards the two Type I site requirement for one lot. Additionally, all lot splits must comply with applicable local subdivision ordinance requirements in addition to MN SSTS rules.
Questions on lot creation requirements should be directed to MPCA SSTS compliance and enforcement staff.
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