Changes in Georgia waste water regulations have created a problem for some lot and land owners in North Georgia and other parts of the state . . . platted lots previously approved for development may no longer be suitable for building.

Here in Pickens County, GA, the neighborhood in which I most frequently encounter this issue is Bent Tree, but there are several other developments in surrounding areas of North Georgia (Cherokee, Bartow, Gilmer) equally affected. I have buyers contact me regarding "bargain-priced" lots they have seen in Bent Tree, Lake Arrowhead, Coosawattee River Resort, etc.  A great lot for less than ten or fifteen-thousand dollars on which they can build their dream home, or purchase for long term appreciation potential . . .

And I'm stuck cautioning them to curb their enthusiasm.

Basically, buyers need to ensure that they will receive necessary county approvals for the home they plan to build.  While the lot sizes were acceptable at the time of subdivision approval, current rules require not just a suitable septic tank and drainage field, but enough space for a back-up drainage field if the first one fails.  Since many smaller lots no longer comply with this "retroactive regulation", they are now unbuildable.

A further consideration is the requirement that a satisfactory soil perc test be provided prior to septic approval.  Lots with excessive clay or rock content, overly sandy soil, or too steep of a gradient, among other things, may further limit what can be done with a lot.  Many buyers eagerly seek out parcels of land with springs, creeks or waterfalls, but this leads to conflicts with another health department requirement for minimum septic system setbacks from any body of water!

So, before jumping at that "great deal" on a Bent Tree lot for sale, be sure to also pursue necessary due diligence, and include contractual contingencies that allow you to walk if you can't use the property for your intended purpose.  To be on the safe side, if the lot size is smallish (less than an acre) you may want to try to buy two adjoining lots and combine them, or find an acre-plus lot to begin with.  There are a number of acre-plus lots in Bent Tree available that have their level-3 soil tests complete and new surveys done, including suggested homesite positioning, that take some of the stress out of the purchase.

Of course some people simply buy land in Bent Tree as a "membership lot" to allow access to the amenities (swim, tennis, golf, lakes, etc.), and the cheap lots are ideal for these buyers.  A low-priced lot, even if not buildable, may serve as a good investment from this standpoint, especially if there is a chance it could be combined with another parcel at a later date, or possibly acquired by a homeowner to add extra privacy to their property.

And what of sellers?  Obviously some are in an unenviable position, holding an essentially unbuildable lot that they can't do much with (which might explain the number of Bent Tree foreclosure properties that end up sold on the steps of the Pickens County courthouse as a result of tax liens for unpaid taxes).  As with buyers, if possible, it might be a good idea for sellers to try to combine lots with a neighbor, or find someone willing to buy the parcel from them and combine it for resale.  Otherwise, if they feel their lot may be viable, they could try a pre-emptive strike in obtaining a soil test and approval to assuage buyer's concerns (this would also help determine an appropriate selling price before placing it on the market).

This is not to suggest that there is anything wrong with Bent Tree in Jasper GA, or any of the other similar developments in other cities!  A majority of the lots are buildable (and have new homes under construction as I write this to prove it) and overall real estate values are likely to continue to appreciate -- it's a just a handful of smaller lots that are at issue and should be approached with caution..