New Wellfleet Septic Regulations to Impact Real Estate Transactions

The Wellfleet Board of Health has approved new septic regulations last week that impose costly and inequitable burdens on homebuyers, sellers, and property owners despite CCIAOR's well-reasoned and numerous objections to the policy.

Properties with a working, passing Title V system will be deemed a FAILED system and required to upgrade upon transfer.

Real estate transactions: Under Section 601.2(3) of the BOH Regulations, anytime a property served by a septic system is sold in an area of the Town that is not within an existing or proposed sewer district, the septic system must be upgraded to BANRT “prior to or within (6) months after the date of closing.” The upgrade is required even if the septic system in question has passed inspection and is functioning

This unfairly saddles buyers and sellers with passing septic systems with costs of anywhere from $46,000 to $75,000 or more.

We also want to point out that the sewer district has not yet been finalized. The Select Board will discuss and possibly vote to establish the town's sewer district at their February 4, 2025 meeting. This is important as properties with passing septic systems that are located within the sewer district are exempt from the trigger requirement to upgrade as they will connect to the sewer.

"New construction" redefined: In Wellfleet, any addition of "conditioned space" (e.g., exposing rafters or enlarging rooms) is now considered "new construction," triggering mandatory BANRT upgrades—even when no additional design flow is added. This definition is narrower than MassDEP’s definition of “New Construction.”

Case-by-case policy breeds inequity: The Board of Health claims it will review any exceptions on a case-by-case basis, opening the door to favoritism and inconsistent enforcement creating confusion and additional costs for homeowners.

We have opposed these regulations because they are neither fair nor effective in achieving Wellfleet’s water quality goals. We have engaged in legal review, and spoke with the Board of Health, Select Board, and Health Agent. We are evaluating all legal options to challenge them.

CCIAOR supports clean water policies that are equitable and impactful, such as wastewater initiatives that target nitrogen pollution directly. These regulations fall short and penalize property owners unnecessarily.