Ala. Admin. Code r. 420-3-1-.10

Current through Register Vol. 42, No. 8, May 31, 2024

Section 420-3-1-.10 - Minimum Lot Size Requirements

(1) Any lot for which an OSS/EDS is proposed to be installed shall be large enough to accommodate the proposed development, the proposed EDF, a 100 percent REDF, or discharge area, and shall meet all setback requirements of these rules.

(a) Advanced treatment systems that are owned and operated by a wastewater management entity, government agency or cooperative and are under a Performance Permit may, with ADPH approval, elect to use one-half (1/2) of the design flow when designing the REDF, provided the REDF is evaluated with the appropriate number of tests in accordance with these rules.

(b) For dwellings or establishments on individual systems, minimum lot size requirements, based on the recording date, are set forth in Table 17. These lots shall have a total square footage available per the number of dwellings or establishments placed on them.

(c) Lot sizes may be reduced below the minimums established in Table 17 (footnotes), by utilizing an Engineered OSS in compliance with the requirements of ADPH Form CEP-2, Part B.

(2) Easements or right-of-way areas shall comply with 420-3-1-.11 Easements Required.

(3) Swamps, marshes, ponded areas, surface or subsurface drainage areas, reservoirs or impoundments, and wetlands shall not be used in computing lot size, unless the area has been modified prior to application submittal within and according to these rules and other regulatory requirements including, but not limited to, Army Corps of Engineer requirements.

(4) Frequently flooded areas shall not be used in computing required lot sizes.

(5) There are no minimum size requirements for a lot being served by a Cluster Wastewater System.

Ala. Admin. Code r. 420-3-1-.10

Filed July 20, 1988. Amended: Filed June 19, 1992. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006. Amended: Filed October 19, 2006; effective November 23, 2006.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 04, January 31, 2017, eff. 3/5/2017.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 03, December 30, 2022, eff. 2/13/2023.

Previous Rule .09 was renumbered .10 per certification published December 30, 2022; effective February 13, 2023.

Author: Thad Pittman, Leigh Salter, Patricia Lindsey, Matthew Conner, Ken Stephens, Bob Bright

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1et seq; 22-25B-1, et seq.