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A Dirty Subject? Door County Septic System Law (POWTS) Information

By
Real Estate Agent with The Kellstrom Ray Agency, Inc. (Est. 1948)

While most people aren't enthralled to discuss their septic system, it is a VERY important part of any Door County home or Door County vacant land purchase. 

Door County Septic System Law Information:  So you're buying a Door County home, or some vacant land to build your Door County Dream Home, and you are wondering about this funny thing called a POWTS (Private Onsite Wastewater Treatment System)....and you're a little bit concerned, because you're used to public sewer and water. ...and then you find out that there is actually a LAW (County Ordinance) that requires septic testing and maintenance for any property transfer.   How do you navigate the "dirty subject" of the Door County septic system? 

Here is some valuable information for Door County home buyers or people interested in vacant land for sale in Door County on Private Onsite Waste Treatment Systems (hereinafter POWTS):

BUYING AN EXISTING HOME:  Door County’s Private Waste Disposal System Ordinance, which is County law, (and even applies to foreclosed properties held by national lenders!), which requires existing private septic systems to be evaluated prior to any transfer of ownership.

Under the ordinance, it is the Seller’s responsibility to have the system inspected prior to any transfer.  While the Seller usually pays for such testing under the ordinance, the costs are negotiable (as most things are).  and pays the costs associated with the inspection. A licensed master plumber does the inspection and submits a written report to the Door County Sanitarian’s office. The sanitarian will personally inspect the system and make a final determination of passing or failing.

What do you do if you receive notice that the Door County home you are purchasing has a failing system?  The remedy would have been addressed by your broker in the Offer to Purchase.  Make sure your agent succinctly discusses what happens in the event of failure and WHO pays for WHAT to your satisfaction so you understand the process prior to signing the Offer to Purchase. 

If a septic system is deemed "failing", the owner has one calendar year to replace the system from the date of the "failing" report.  That's an important thing to remember.  Replacement systems are negotiable, and are often paid for by the Seller in Door County property transfers.   Please also note that the changes in lending laws have made escrow of septic repairs after closing almost an impossibility--if you are getting a mortgage, your lender almost always want your septic repairs to be done PRIOR to closing (again, your prudent agent will watch your time-lines).  However, that does depend on your specific lender, your credit history, and your relationship with your lender, too (a few will still allow escrows for the work to be done after closing and within the one-year time-frame).

BUYING VACANT LAND FOR SALE IN DOOR COUNTY:  If you are planning to build a home in Door County in an area that is not serviced by public sewer and water, you will want to have your agent address your POWTS in the Vacant Land Offer to Purchase.  That document will provide your agent with the language needed to ensure you find out if you are getting a conventional in-ground, mound, at-grade, in-ground pressure or holding tank system (they will make a recommendation, and some systems are more expensive than others.  The system will be determined by SOIL DEPTH, and the SIZE of the system is determined by bedrooms (NOT bathrooms--truly!!).   A Wisconsin certified soil tester does the inspection and submits a written report to the Door County Sanitarian’s office.  The Sanitarian must sign off on the report, which will be good for THREE YEARS.  If you have a long-term building plan and more than three years pass, you will be required to get another soil test and affirmation by the Sanitarian.

That's a lot to digest.  Make sure if you are buying any Door County property that you work with someone that is familiar with the Door County septic ordinance--it will same you time and money and stress in the long run.

To contact me for more information on buying a Door County home or vacant land for sale, please check here.  Door County septic systems and POWTS are only a "dirty" subject for Door County property buyers and Door County listings and sales if you aren't educated in the process.

 

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All information is deemed reliable as of date of publication only and is subject to change without notice.

 

Thank you for reading this Door County real estate blog!  MaryKay Shumway, ABR®, CRS®, Realtor® loves to laugh and her passion is working with people that love the Door Peninsula.  She is a full-time real estate Broker, a mother and a stepmother, loves dogs and serves as a senior Broker Associate at the Kellstrom-Ray Agency, Inc. in beautiful Sister Bay, Wisconsin.  MaryKay represents listings throughout the Door County peninsula and also represents many Buyers annually that want to purchase the perfect property to make Door County a part of their lives.  CONTACT MARYKAY ABOUT YOUR DOOR COUNTY PROPERTY QUESTIONS TODAY.

MaryKay Shumway has been an extremely consistent multi-million dollar MLS producer for over twenty years, as well as the top producing broker for The Kellstrom-Ray Agency, Inc. since she joined the firm in late 2015.  Representing both listing clients and buyer clients and cusomters full time, MaryKay is extremely active in the Door County community with nonprofit groups, the Door County Board of Realtors and in local governmental affairs.  A member of the Door County Board of Realtors Honors Society from 2005-2021 and now recipient of Excellence in Professionalism honors since 2022, she is a former Door County Realtor of the Year, a former member of The Real Estate Group's Chairman's Circle from 2010-2015, and a former member of the Coldwell Banker International Diamond Society for 2014 & 15.  She has served as President and President-Elect of the Door County Board of Realtors.  MaryKay is a top MLS producer and has held the position of top producer at The Kellstrom-Ray Agency, Inc. since 2016.

Contact MaryKay today.  "As a multi-million dollar producer and senior associate at The Kellstrom-Ray Agency selling Door County real estate, I focus my balance on both  featured listings in Door County and representing Buyer Clients looking for the perfect Door County Property.  I turn Door County vacations into Door County traditions by helping you own your own Door County real estate, and I represent exceptional properties in all price points on the Bay of Green Bay, Lake Michigan, and all inland lakes and properties in between. Local experience with GLOBAL connections.  Call, text or e-mail me today."

Laura Allen, Lake Tahoe - Truckee Real Estate for Sale TahoeLauraRealEstate.com
Coldwell Banker Realty, Tahoe City, CA (530) 414-1260 - Tahoe City, CA
Tahoe Real Estate Agent Helping Buyers and Sellers

MaryKay - While septic systems are not the glamour topic of real estate, they are a vital one.  Great information for Door County buyers to be aware of!

Apr 15, 2014 10:00 AM