2026: Active Rulemaking to Watch
Two separate things are moving through the system in 2026: a narrow
state rulemaking that only touches one setback distance, and one
legislative fix to septic-inspector training. Neither reopens the
full 2024 rule package below.
November 1, 2026 Upcoming
Snohomish County's own transfer-inspection ordinance takes effect
Who it affects: Snohomish County property sellers and buyers, more than a year ahead of the statewide February 2027 deadline.
Full detail is in the box above. One number to flag: a secondary
source cites the ordinance as "BOH26-02," which we couldn't
independently confirm against a primary Snohomish County Board of
Health ordinance record.
Sources: lynnwoodtimes.com · snohd.org
July 21, 2026 Proposed rule — comment open
Surface-water setback clarification reaches CR-102, the formal proposed-rule stage
Who it affects: owners and builders near rivers or other surface water used as a public drinking-water source — mostly a handful of rural, border counties like Pend Oreille. Nothing changes yet; this rule is not adopted.
The Washington State Board of Health filed the CR-102 proposed
rule for chapter 246-272A, following an April 9, 2026 virtual
workshop with local health jurisdictions and county officials.
The proposal would amend WAC 246-272A-0210 to clarify how the
minimum horizontal separation for surface water used as a
drinking-water source is measured and applied. Public comment is
open through September 17, 2026, 11:59 p.m. A
public hearing is scheduled for October 1, 2026, 1:30 p.m.,
at the Norm Dicks Government Center Auditorium, 345 6th St.,
Bremerton, WA 98337, with virtual attendance also offered.
Source: doh.wa.gov — Site sewage systems setbacks
Reported effective June 11, 2026 Reported, lower confidence
SB 6291 extends the septic-inspector apprenticeship window from two years to four
Who it affects: septic-inspector trainees and the local health jurisdictions that supervise them. Not a change to setbacks or the property-transfer mandate.
Confirmed against the primary House Bill Report: SB 6291 (sponsors
Sen. Lovelett and Sen. Shewmake) increases, from two years to four,
the maximum period a noncertified individual may review designs
and conduct on-site sewage system inspections under the
supervision of a BRPELS-certified professional. It addresses a
workforce bottleneck — the certification exam is only offered
twice a year, and local health jurisdictions were losing
apprentices who couldn't test in time. The House Environment &
Energy Committee passed an amended version on February 24, 2026;
the full House passed it 93-0 on March 3, 2026. Per the bill
report, it takes effect 90 days after adjournment of the session
that passed it.
A secondary legislative tracker additionally reports the Senate
passed it 48-0 on February 10, 2026, the Senate concurred in House
amendments 49-0 on March 10, 2026, the Governor signed it March 24,
2026, and it took effect as chapter 210 of the 2026 session laws
on June 11, 2026. We haven't independently checked those four
dates against the Legislature's own bill-history page, so treat
them as reported rather than confirmed.
Sources: House Bill Report, SB 6291 (PDF) · LegiScan bill history
Spring 2026, exact date unconfirmed Reported, lower confidence
DOH issues Interpretive Statement EHS-04-2026 on the surface-water setback
Who it affects: local health officers evaluating permit applications near drinking-water sources, while the CR-102 rulemaking above is still open.
This interpretive statement gives local health officers interim
guidance on applying the 200-foot surface-water setback while
formal rulemaking continues. DOH's own rulemaking narrative says
it "plans to issue" the statement in April 2026, while DOH's
interpretive-statement activity listing files it under WSR issue
26-11, which corresponds to early May 2026. We weren't able to
pull the exact issue date from the underlying PDF, so this entry
carries a real date range rather than one confirmed day.
Sources: doh.wa.gov — Interpretive statement activity · doh.wa.gov — Setbacks
March 6, 2026, 9:25 a.m. Filed
CR-101 filed, formally opening the setback-clarification rulemaking
Who it affects: the same border-county property owners as the July 2026 entry above — this is the procedural start of that process.
The State Board of Health filed WSR 26-07-010, a Preproposal
Statement of Inquiry proposing to amend WAC 246-272A-0210 to
"clarify the minimum horizontal separations for surface water used
as a public and nonpublic drinking water source," along with a
short list of technical corrections elsewhere in the chapter,
including NSF/ANSI citation-date fixes.
Source: WSR 26-07-010 (leg.wa.gov)
February 23, 2026 In effect
Interpretive Statement EHS-02-2026 takes effect, clarifying shared septic systems
Who it affects: owners and developers of a privately-owned on-site sewage system that serves more than one development.
WSR 26-07-092 clarifies WAC 246-272A-0200(6), which governs a
privately owned OSS serving more than one development. It's
unrelated to the setback rulemaking above — a separate 2026
interpretive action worth tracking on its own.
Source: doh.wa.gov — Rulemaking activity
January 14, 2026 Procedural
State Board of Health votes to begin the setback-clarification rulemaking
Who it affects: property owners along rivers used as drinking-water sources, mainly in northeast Washington counties like Pend Oreille.
The vote followed a petition filed in November 2025 by the
Northeast Tri-County Health District and the Pend Oreille County
Commissioners. Their argument: the 2024 rule's 200-foot
public-drinking-water setback was being applied along a river's
entire length, regardless of where the actual drinking-water
intake sits, which blocked development on upstream parcels miles
from any intake. County Commissioner Robert Rosencrantz appeared
before the Board in person to make the case.
Sources: sboh.wa.gov · Pend Oreille River Valley