6.a Ag use in village Neighborhood district - land spreading of septager N
SCA DIA
Staff Report
Date of Meeting:
To: City Council
From: Neil Soltis, Administrator
Re: V&V Holdings request for approval to land spread septage
Background:
On April 28, 2015 the Washington County Board of Commissioners passed an updated septic ordinance
which included a provision providing the county, and LGUs, the ability to provide oversight of this
activity. The county implemented the enforcement of these requirements on 1/1/16 (to allow for
county staff to design an effective implementation program).
County -issued permits are now required prior to a certified Maintainer applying septage in the county.
A required submittal with the permit application (Section 23.3 (12) here) is "Documentation from the
local unit of government indicating that the proposed activity is allowed." This provision was added to
ensure that local requirements were being met and to allow LGUs a way to effectively opt -out of
allowing this practice without the need to adopt an ordinance banning the activity. The county
specifically chose not to dictate the form of the local acknowledgement, thereby leaving it up to the
appropriate person(s) at the LGU to decide what form the acknowledgement should take (i.e. whether
council approval is required, or a planner can sign off, etc).
Keith Valento, as partner / owner of V & V Holdings is seeking approval to land spread septage
in Scandia.
Issue: Should the approval be a zoning decision based on the current development code or
should these requests be reviewed and approved by the City Council? Should the approvals be
based in general by zoning district or individually by the location where the septage is to be
applied?
Details / Discussion: Land application of septage (i.e. what gets pumped out of a septic tank) as
an agricultural amendment is governed on a federal level, MN has no rules related to this
activity. Knowledge of industry practices indicated that there were some gaps in the way
operators were adhering to the federal rules (most likely stemming from the fact that there has
been no known federal oversight of this activity in MN). In Scandia, the land application of
septage would be considered incidental to the use of property for agricultural purposes.
Agriculture is a permitted use in the Ag Core, Ag Preserve, General Rural, and Village
Neighborhood district. While there is not likely to be a concern in most districts, land spreading
has the greatest potential for being problematic in the Village Neighborhood district due to the
proximity to a greater density of homes.
Options:
1. Allow for administrative review and approval based on the existing zoning
2. Require City Council review and approval for each parcel on which land spreading is
proposed.
3. Refer to Planning Commission for consideration of land spreading of septage as a
separate use and review of the zoning district where land spreading would be allowed
on an approved or conditional basis.
Recommendation: The current proposal is to land spread on a large parcel in the ag-core
district. I would recommend that administrative approval be allowed based on the zoning code
for a specified term. Further, I would recommend that the Planning Commission consider
whether land spreading of septage should be considered a separate use and, if so, in which
zoning district it would be either approved or conditional.