Does Your Property Have A Well?
Understanding the responsibilities of owning a property with a well is another important part of home ownership. At CPM Real Estate Services we have a simple slogan: Big Enough To Know and Small Enough To Care. This means we are “Big Enough” to foster ongoing education with our staff and yet we are “Small Enough” to care about each property owner we serve. One of the ways we accomplish this is by providing the best information to our property owners that is available in the industry today. And when new information comes our way we’re committed to sending it your way.
This month it was important to clarify a few important issues in regards to property ownership and wells. First off, if a well source is less than 100 feet from your property line you may be required to have a “perpetual restrictive easement” per Oregon Administrative Rule 333-061-0050(2)(a)(B) for the adjacent lot. With the exception of public rights-of-way, all land within 100 feet of a groundwater source must have this type of easement recorded to satisfy the property control requirements that are in place to reduce the risk of well-source contamination. Some examples of possible contaminant sources include; chemicals in storage buildings, emergency fuel storage, septic leach lines, animal husbandry, storm water disposal, etc. Insignificant items or actions that most would not even consider could have disastrous effects on a public water supply, thus the reason for the 100 foot setback and/or perpetual restrictive easement
Typically this easement only applies to property owners of tax lots that are less than 200 x 200 feet that are not adjacent to a public right of way. However, even larger lots with existing infrastructure and extreme land surface variability may result in impractical placement within the 100 foot setback and require a perpetual restrictive easement. In most cases the property setback requirement is reviewed and addressed during the plan review process but sometimes issues come up down the road that infringe on the area and could result in contamination, such as an emergency generator for a well.
As part of our commitment to providing the most professional, comprehensive real estate services in the area CPM and its affiliate companies have 4 certified Small Water System Operators on staff to answer questions. However, for property-specific questions or concerns the County Drinking Water Services (DWS) technical staff should be consulted. Their contact information can be found on the appropriate state or county website.