Timnath bans new septic systems from Jan. 1, 2027 and prohibits graywater use

Timnath Town Council adopted an ordinance Oct. 27 that bars new septic tanks and other on-site wastewater systems for new occupied buildings starting Jan. 1, 2027. The ordinance also prohibits graywater collection, treatment and use in town. The prohibition is not applied to a water district serving as a public water provider in town that operates in compliance with applicable laws and regulations. It takes effect upon adoption at second reading.

The ban does not cover every existing system. An on-site system with final written approval by Dec. 31, 2026, from the town, the Larimer or Weld County health departments and the state if required, is exempt if it was lawfully built and continues to be operated and maintained in compliance with applicable permits, laws and regulations. For property annexed after that date, the approval must come before annexation. On annexed land, an exempt system may be used only until it needs replacement or expansion, or until a public sewer line is within 400 feet and a wastewater provider is willing and able to serve the property. If an exempt system fails or needs replacement or expansion and no sewer line is within 400 feet, the community development director or a designee may grant an administrative variance if connecting would impose substantial hardship on the owner.

Owners of buildings next to a street, alley or right-of-way with a public sewer line must pay to connect and to decommission any septic or other on-site system. Ancillary structures with no water or wastewater facilities are excepted. The connection must be made within 180 days after written notice from the town, if the sewer is within 400 feet of the closest property line and the wastewater provider is willing and able to serve the property. Violations are Town Code violations with penalties under Chapter 1, Article 4. The town may notify the water provider and the public health department, and the provider may suspend water service to anyone who does not comply.

The ordinance's findings say the town completed a project replacing on-site waste disposal systems in Old Town with connections to public wastewater mains. They say graywater can carry human pathogens and may contaminate water sources if systems are not properly installed and maintained. A staff member who presented the ordinance said "we want to protect the drinking water" supplied by three utility service providers within the town.

Council Member Dennis Strachota asked why Timnath should not allow graywater with safeguards. "What are the obstacles to allowing for the use of gray water if there are precautions taken?" he asked, citing the need to conserve potable water in a high-desert area. A staff member said retrofitting existing homes would be difficult, so the systems would likely be used only in new construction, and that few proven certified technologies exist. The staff member added that allowing them would mean amending building-code provisions, setting up a monitoring program and likely hiring a third party for inspections, at possible added expense. The staff member also cited possible exposure of pets and young children to graywater used for toilet flushing, and said reuse could violate water rights.

A speaker asked how hardship relief would work for a rural in-town home whose septic system needs replacing, citing the cost and requirements of converting to sewer. The speaker raised a hypothetical cost of $90,000 or $100,000 and asked whether financial hardship could qualify. A staff member said financial hardship is one of the main criteria staff would review. Another speaker said the variance would follow the current Land Use Code requirements and did not believe financial hardship was one of the criteria, while checking the rule.

The staff report anticipated no significant direct fiscal impact. It says enforcement, variance reviews, notices and coordination with wastewater and water providers would create administrative work, and property owners could incur sewer-connection costs when public service becomes available. It lists reduced flexibility for rural or low-density properties, lost graywater reuse opportunities and possible opposition from residents with functioning septic systems as disadvantages.

Strachota urged the town to keep watching advances in graywater systems and consider them for new developments when they become more practical. He said he would support the ordinance. "Hopefully we can be a leader in helping that, making use of that water conservation measure," he said, adding that he did not expect drought conditions to ease.