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  1. #1
    sunrisekaren Guest

    Grandfather clause re: septic tanks

    I am a resident of Elkhart County, Indiana. I have owned a 1/3 acre residential lot since 1978. The rules relating to septic tanks allowed installation in this established neighborhood at that time. However, in 1990, the Health dept. no longer allows septic tank systems to be installed in areas that have been "filled", stating that it is an unstable situation. This area does NOT have access to local sewer and water. I would like to build on this piece of property. I have been told that because I have owned it since 1978, I can use the "Grandfather Clause" (whatever that means) to be approved for a conventional septic system despite current Health Dept. rules re: fill. If this is applicable in my case, how do I go about applying for this waiver? I might also add that this piece of property is worth $75.000 if I can put a septic system on it and only valued at $10,000 if it were to be sold as part of my existing yard. kmh

  2. #2
    Join Date
    Apr 2002
    Will your county allow the mound style system to be used since It works well in areas with problem soils ?

  3. #3
    sunrisekaren Guest

    Grandfather Clause-Septic System/Mound System

    At the time, NO septic system will be approved due to the fact that the property has fill. The property was filled sometime in the 60's. When the subdivision was developed, septic systems were approved to be put in this area in "fill". Now however, no permits will be issued as a result of the "fill". From what I understand, if we can get a permit by using the "Grandfather Clause" (I think that allows us to make application under the law as we purchased the property in 1978), then yes, even though the mound system is considered experimental in this county, we could put in a mound system. I just need to know more about the Grandfather Clause and if we can use it to apply for a waiver and how to get the waiver. We have had several suggestions re: systems that could be put in but which Indiana/Elkhart County consider experimental or non-conventional. Thanks for your feedback. kmh

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