The installation of a lagoon is prohibited within the following horizontal setback distances (Table 2.1 of Title 124 - Onsite Wastewater Treatment Systems) unless individually reviewed and a construction permit is issued by the Department. The setback distance is the horizontal distance measured from the high-water mark for the maximum operating depth of the lagoon. However, in no case shall a lagoon be installed in a location that results in any listed item being located closer than 10 feet horizontally out from the outer toe of a lagoon dike.
Lagoon Setbacks
Item | Minimum Setback Distance
Feet (meters) |
Surface Water: Distance from High Water Mark | 50 ft. (15.2 m) |
Private Drinking Water Wells | 100 ft. (30.5 m) |
Public Drinking Water Supply Wells: |
|
Non-Community | 100 ft. (30.5 m) |
Community | Evaluated by a professional engineer for potential impact on the well and submitted to the Department for approval if less than 1000 ft (304.8 m). |
All Other Water Wells | 100 ft. (152.4 m) |
Water Lines: |
|
Pressure-Main | 25 ft. (7.6 m) |
Pressure-Service Connection | 25 ft. (7.6 m) |
Suction Line | 100 ft. (30.5 m) |
Property Lines | 50 ft. (15.2 m) |
Trees and Brush | 50 ft. (15.2 m) |
Foundations |
|
Except Neighbor’s Foundation: |
|
Class 1 | 100 ft. (30.5 m) |
Class 2 | 100 ft. (30.5 m) |
Class 3 | 50 ft. (15.2 m) |
Neighbor’s Foundation: |
|
Class 1 | 200 ft. (61.0 m) |
Class 2 | 200 ft. (61.0 m) |
Class 3 | 100 ft. (30.5 m) |
|
Note: For setback purposes, foundation classes are defined as follows:
- Class 1 Foundation means a basement, a non-basement footing, or slab-on-grade living quarters where any portion of the living quarters basement, footing, or slab is lower in elevation than the onsite wastewater treatment system component.
- Class 2 Foundation means a non-basement footing foundation, trailer house, or slab-on-grade living quarters higher in elevation than the on-site wastewater treatment system. Any other foundation that is not a Class 1 or Class 3 is a Class 2 Foundation.
- Class 3 Foundation means slab-on-grade construction that is not used as living quarters.
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