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Land 101 ยท Soil, septic and the health department

How perc tests workand why the soil evaluation comes before them

The words perc test cover a sequence: an application, a licensed evaluator's field work, sometimes a supervised percolation test, a review on a statutory clock, and a letter or a permit that ages in its own way. This is that sequence, step by step, with the rule behind each step.

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Step one

Two documents on one form, and which to ask for first

The phrase perc test usually stands in for one of two questions: can this land take a septic system at all, or can building start on it. Virginia answers those with two different documents, and the Virginia Department of Health's own septic and well application says which one to request first.

Applicants for new construction are advised to apply for a certification letter to determine if land is suitable for a sewage system and to apply for a construction permit (valid for 18 months) only when ready to build.

Virginia Department of Health, septic and well application form

A certification letter answers the suitability question without a system design, may be recorded in the land records, and passes with title when the land sells. A construction permit authorizes building the system. By statute it runs 18 months from issuance unless there has been a substantial, intervening change in the soil or site conditions, and it may be extended another 18 months once a building permit has been obtained or construction has commenced. The same statute says applicants are to be told that validity period and advised to apply only when ready to begin construction. For land that may change hands before anyone builds, that difference between the two documents is the whole point.

Construction permits are issued by the State Health Commissioner, but every request for one goes first to the district or local health department. The application does not travel alone. Beginning August 11, 2019, every application for an onsite sewage system or a private well has to be accompanied by supporting work from a private sector consultant licensed through the Department of Professional and Occupational Regulation (DPOR). The department's own evaluation and design services are reserved for owners who petition and meet a means test or its hardship guidelines. The Mount Rogers Health District's page adds that it provides direct system design services in Wythe and Smyth Counties; the Wythe County Health Department can say how that applies to a given lot.

The perc test glossary entry gives the short definition. What follows is the work behind it.

Step two

The evaluator's field work: horizons, color, texture and the soil 18 inches down

The supporting work is a soil evaluation. The health department accepts private evaluations for a septic permit application only from a licensed onsite soil evaluator, and for subdivision review, permits and letters for residential development the Code also has it accept evaluations and designs certified by a licensed professional engineer in consultation with a licensed onsite soil evaluator, subject to the exceptions noted in step five.

The regulation tells the evaluator what to weigh: the physiographic province, the topography, the area available, the degree of slope, and the soil profile, meaning how thick each horizon is and its color, permeability and texture. Texture is estimated by field testing. Color can point to water. Under the regulation, red and yellow mottling may indicate a seasonal water table, and gray is the firmer signal: "Gray and/or gray mottlings indicate seasonal water tables for at least three weeks duration."

The purpose is written into the same regulation. The evaluation is meant to "document sufficient information to conclude whether or not the site can accommodate an onsite sewage treatment and dispersal system". It is a conclusion about the whole site, not a single measurement.

Where a conventional drainfield needs clean soil

For an in-ground system, conventional septic tank drainfield systems included, the infiltrative surface sits 18 inches or more below the original ground. With septic tank effluent, the 18 inches of soil immediately below that installation depth cannot show a limiting factor: bedrock, a seasonal or permanent water table, pans, or other impervious strata. How the tank, the lines and the drainfield fit together is set out in a conventional septic system, explained from the tank to the drainfield.

Ground the regulation rules out

  • Absorption trench systems on slopes greater than 50 percent, unless terraced.
  • A subsurface absorption system at the low point of a sink hole.
  • A subsurface absorption system in a flood plain subject to annual or more frequent sustained (24 hours) flooding.

The soil pass, fourth of the five factors in how Bowman reads land before pricing it, is a read and not an approval. The licensed evaluator's work is what the health department acts on.

Step three

Where a percolation test enters, and how much it counts

A percolation test is not where this process starts, and the regulation does not make it a fixed step. It sorts soils into four texture groups and assigns each group an estimated percolation rate for the purpose of design.

The regulation says a percolation test "may be required as a prerequisite to the issuance of a permit". Where the estimated rates are in question, percolation tests may be performed, and the district or local health department may require them to determine measured rates. Even then the number does not decide the site alone. Percolation tests "shall be analyzed as only one of many criteria in determining soil suitability for absorption of treated sewage."

Percolation tests are to be performed under the supervision of the district or local health department. Test holes shall be located at points and depths selected and/or approved by the district or local health department. A minimum of three holes representative of the absorption area are required.

12VAC5-610-490, soil texture groups and percolation tests

So the test in the regulation is a supervised measurement at spots the health department picks or approves. A hole dug and timed without that supervision is not the test this section describes.

The rate carries a consequence beyond the soil's suitability. A rate slower than 45 minutes per inch brings the state's reserve area rule into play, and Carroll County's subdivision ordinance, as posted, asks for a septic reserve area on subdivision lots whatever the rate. Both rules are worked through in when a lot needs a septic reserve area.

Step four

Why the absorption site stays ungraded until the evaluation is done

One rule runs against the instinct to tidy a homesite before anyone has looked at the soil.

The proposed site for the subsurface soil absorption system shall not be graded until the district or local health department has completed the site evaluation

12VAC5-610-700

The evaluation shows why the order matters. An in-ground system relies on a natural, undisturbed soil horizon, and the evaluator is reading the thickness, color and texture of the horizons that are actually there. Cutting or filling the ground changes the very thing being read.

The same logic follows the permit after it issues. Under the regulation a construction permit is null and void when site conditions, topography and drainage ways among them, are changed from those shown on the application or on the permit. A pad or a drive graded through the area the application shows can be exactly that kind of change.

Step five

Review clocks, a written denial, and the right to appeal

Once licensed work is filed, the Code puts the health department on a clock, and which clock runs depends on what was filed: a certification letter request, a single-lot design or a multiple-lot review.

Each of those deadlines, the deemed-approval rule attached to two of them and the exceptions to that rule are set out in how long a perc test takes. Who signs the application, and who pays for the work, are taken up in who orders the perc test, buyer or seller.

If the department denies a construction permit, it has to tell the owner in writing the basis for the denial and that the owner has the right to appeal. A denial opens a different set of questions, and they are laid out in whether you can build on land that failed a perc test.

When a permit does issue on an evaluation and design certified by a licensed professional engineer or onsite soil evaluator, that same professional inspects the system at installation and reports to the department. For a parcel in Carroll County, the office, its phone number and the way to look up a licensed evaluator are on where to get a perc test in Carroll County.

After the answer

A letter that follows the deed, and a permit on an 18-month clock

A favorable answer is only as useful as the document it lands in, and the two documents age differently.

Certification letter
No system design required. May be recorded in the land records of the clerk of the circuit court. Transfers with title when the land is sold. A permit is issued on the basis of the letter unless there has been a substantial, intervening change in the soil or site conditions since it was issued.
Construction permit
Valid 18 months from issuance unless there has been a substantial, intervening change in the soil or site conditions. May be extended another 18 months if a building permit has been obtained or construction has commenced. Null and void when site conditions change from those shown on the application or the permit.
An older permit
Under the regulation, a permit issued under the chapter that is more than 18 months old, on which construction has not commenced, is revalidated when the site conditions are the same as those shown on the application and permit, except as a cross-referenced section provides.

That is why the paperwork matters more than the phrase on a listing. The soil evaluation documents whether a site can take a system, and a percolation test, when one is done, is only one of many criteria. What the Code carries across a sale is the certification letter: it transfers with the title, and it may be recorded in the land records of the clerk of the circuit court.

The letter carries the same condition the permit statute does: a substantial, intervening change in the soil or site conditions. Ground that has been graded, filled or built on since the letter was issued is the question to put to the local health department before anyone relies on the letter.

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Questions

Good questions, straight answers.

Can a professional engineer do the soil work instead of an onsite soil evaluator?

It depends on the filing. For a septic permit application, Va. Code 32.1-163.4 has the health department accept private evaluations only from licensed onsite soil evaluators. For subdivision review, permits and letters for residential development, Va. Code 32.1-163.5 also has it accept site evaluations and designs certified by a licensed professional engineer in consultation with a licensed onsite soil evaluator, except in a locality with a Chapter 678 contract with the Board of Health or for a proprietary, pre-engineered system. The local health department can say which applies.

Can a homesite be graded before the soil evaluation?

Not on the ground proposed for the absorption system. Virginia's onsite sewage regulation bars grading the proposed subsurface soil absorption site until the district or local health department has completed the site evaluation. The evaluator reads natural soil horizons, and grading changes them. Because where the absorption site goes is part of what the evaluation settles, the evaluator and the health department are the ones to ask before grading anywhere near it.

How many holes does a percolation test need?

At least three. When a percolation test is done under Virginia's onsite sewage regulations, it is performed under the supervision of the district or local health department, the holes go at points and depths the department selects or approves, and a minimum of three holes representative of the absorption area is required. The results are then analyzed as one of many criteria, alongside the soil evaluation.

Sources

Where this page's facts come from

Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.