Sewer Waiver | Clark County

Web page revised 1.1.26

Why are Sewer Waivers required?

New structures located within Urban Growth Areas (UGA) are required to connect to a public sewer system. Also, all new land divisions within an UGA must make provision for the connection of all new structures to a public sewer system. The Responsible Official can issue a waiver to this requirement if the structure or development meets certain exceptions.

What are these exceptions that allow for a sewer waiver?

For New Structures

The new structure is an alteration, expansion or replacement of an existing structure which will not entail a material increase in sewerage effluent production
The new structure lawfully incorporates no on-site sewerage system
The new structure is for single-family residential use or non-residential use, for which an on-site sewage disposal system can be approved by Clark County Public Health and:
- Such use does not generate hazardous or dangerous waste, as defined by applicable federal, state or local law; and,
- Extension of public sewer is impractical. This is based upon the following criteria:
- Public sewer would have to be extended more than 300 feet;
- Necessary permission cannot be obtained from intervening landowner(s); or,
- Intervening property contains natural or manmade obstructions, such as deep canyons, elevation changes, and solid rock impediments which make public sewer extension prohibitively expensive or undesirable; and,
- A covenant to the county and sewer purveyor is recorded which commits the current and future property owner(s) to connect to public sewer within 12 months of sewer becoming available. The covenant shall also contain a provision that commits the current and future property owner(s) to participate in a future local improvement district if this is the method used to extend sewer.

Note: The city of Vancouver and the Clark Regional Wastewater District review for sewer availability within 200 feet. The applicant is responsible for requesting a 300-foot review. Utility reviews of 200 feet will not be accepted for a sewer waiver under Clark County Code Section 40.370.010(C)(3)(b)(1).

For Land Divisions - CCC Section 40.370.010(D)

Inside Urban Growth Areas, connection to public sewer is required as a condition of approval for land divisions unless the Responsible Official determines that one of the following exceptions apply:

A two-lot land division approved where one of the lots is, or will be, developed in a use that generates no sewage effluent. Any plat approved under this exception shall record a covenant prohibiting the installation of plumbing fixtures for any use on the designated lot unless the lot connects to sewer.
Short plats approved under CCC Section 40.200.050(B) as follows:
If at the time of passage of the ordinance codified in the Clark County Code, a lot of record was lawfully occupied by two or more single-family residences, such lot may be granted short plat approval under CCC Chapter 40.540. In order to permit the segregated sale of such residences, even though some or all of the resulting new lots will have dimensions less than required for the zoning district in which the property is located. This will be accepted, provided the degree of density nonconformity shall not be increased. All lots shall have a minimum of 20 feet of access to a public or private street.

Urban enclave area means an area within an Urban Growth Area (UGA) which includes a small group of parcels and is further characterized by predominantly developed lots of less than twenty-five thousand 25,000 square feet and where:

Such lots are primarily served by on-site sewage treatment systems;
The area is physically isolated from public sewer by man-made or topographical constraints, such as an interstate highway or deep canyon; and,
Public sewer has been extended beyond such area.

Urban fringe area means an area within and typically near the edge of a UGA which is beyond the limit of existing sewer lines (i.e., 300 feet) and within which urban development has not generally occurred. Additionally, such area must be characterized by a majority of parcels five acres or less in size and be physically isolated from public sewer by one acre or smaller lots, or man-made or topographical constraints, such as an interstate highway, unserviceable elevation, or deep canyon.

Does the review of a sewer waiver include review of site plan standards?

No. A sewer waiver review does not include any review for use, bulk or dimensional standards. Site plan review will be required for any non-residential project proposed.

What is the application process?

The first step is to identify the category under which you are requesting the sewer waiver (see above).

If it is for a new structure, a complete sewer waiver application package must be submitted. See Submittal Requirements for Structures below.

If it is for a new land division, a complete sewer waiver application submittal package must accompany the land division application to include a narrative addressing item 1 and 2 above under For Land Divisions CCC Section 40.370.010(D).

If the sewer waiver is approved, submittal of the following will be required:

Covenant Running with the Land which the applicant must notarize and certify that the property will connect to public sewer at the appropriate time.

Note: This covenant is required within city sewer service districts and Clark Regional Wastewater District, but only for sewer waivers approved under CCC 40.370.010(C).

What is the approval process?

If you are applying for a Sewer Waiver under CCC Section 40.370.010(C)(1) (no increase in effluence) or CCC Section 40.370.010(C)(2) (no sewerage facilities), the approval can normally be completed at the Permit Center counter. However, if your case has special circumstances that require additional review, your application may be transferred to another staff member who will approve your waiver within 14 days of receipt.

What if all the required information is not provided?

Applications with incomplete information will be returned to the applicant.

What kind of public notice is provided?

There is no public notice required for this type of review.

Can the decision be appealed?

The Responsible Official’s decision may be appealed to the County Hearings Examiner by the applicant or other person or group. An appellant must submit an appeal application and fee within 14 calendar days after the written notice of the decision is mailed. See Appeals.

How long is the decision on a sewer waiver valid?

Sewer waivers are valid for a period of one year, if not associated with any other action. When such a decision is made in conjunction with another application, such as short plat, subdivision, or site plan, the decision is valid for the same period as the decision on the related application.

Submittal requirements for Structures

The following list identifies information to be included with the sewer waiver application for structures.

Application form - The application form shall be completed and original signed in ink by the applicant.
Application fee - The requisite fee for a sewer waiver shall accompany the application.
Vicinity map - A vicinity map and/or an Assessor’s Parcel Map,
Site plan - A site plan showing the location of existing structures, setbacks to lot lines and between buildings, and the location of any on-site septic systems, if applicable.
Sewer availability letter - A service availability review letter from the area sewer provider, usually Clark Regional Wastewater District or the city of Vancouver, indicating that the subject lot is:
- Over 300 feet from a sewer service line; or,
- That the intervening property contains natural or manmade obstructions such as deep canyons, elevation changes, and solid rock impediments, which make public sewer extension prohibitively expensive or undesirable.
Notarized statement of attempt to acquire access to sewer line - If your application is based upon your inability to gain access through an intervening property to acquire sewer service, submittal of a notarized statement that you have made an attempt, without success, to acquire the needed access/easement, is required. This statement shall include the intervening property address and owner’s name and phone number.