County changes 'policy' for Seeley Lake SMA septics, says data appears concerning

The Missoula County Health Department now requires tighter standards for septic systems in the Seeley Lake Special Management Area (SMA) as officials said the best available data from the area shows any new permit would violate federal drinking standards.

While the regulations are different, and no public process was held over the matter, the Health Department argued it has not technically changed the rules. The new guidelines require future buildings to keep nitrate discharge at a lower than legally-allowed rate, 10mg/L.

The system to do so is called a SepticNet, which could cost up to four times the normal price of a conventional septic system. For about a week, it required all replacement systems to be at the same standard, but a Jan. 14 meeting loosened the policy back to a conventional replacement.

Missoula County regulations for the area say permits are evaluated "on a case-by-case basis, using the best information available including, but not limited to, nitrate sample results and existing studies on groundwater flow direction."

County Environmental Health Manager Jeanna Miller said new data shows widespread nitrate contamination across the special management area. She said the county has to change its approach to the systems to prevent more degradation to the environment.

"It's like walking a tightrope," Miller said. "Some people will say that regulations will stymie development. No, the nitrates will."

The move frustrated some residents and developers, however, as they said the change in policy did not come with a public process and enough outreach. Other questions emerged about the redundancy of some management area sections, and multiple flip-flopping policies in 2024.

Stifled Development

Kevin Wetherell, a Seeley Lake realtor, said the changes will make it more difficult to build in Seeley Lake proper. He said a SepticNet system costs roughly $60,000, compared to a conventional $15,000 system.

Wetherell also was unaware the lands north of Cedar Lane and East of Tamarack Drive were part of the SMA. Part of the reason was because his recent development, known as Alpine Trails, was approved for conventional septic systems by the county and the state in 2020.

Miller said the size of the area has not changed since the original management area was proposed in 2015. Previous Pathfinder reporting in 2016 showed there was little public input into the management area, but it has not changed since 2015.

Former Missoula County Health Sanitarian Jim Erven told the Seeley Lake Community Council in 2016 the county used the test data from the contaminated wells, but didn't know exactly how the boundaries were set because he didn't work for the health department at the time.

Wetherell said this decision has confused him because parts of the SMA are outside of the Seeley Lake Sewer District - the de facto answer to the poor groundwater. Since some of the area wouldn't get a sewer, he fears that some of the land will become unusable because of the regulations.

He said while it makes sense for some of Seeley to have stricter rules, the alpine trails subdivision is on the edge of the area and only has one monitoring well, which posted a healthy level of nitrates, according to county data.

"It appears the discretion that MCHD has implemented in including the additional acreage in the SMA is arbitrary and not scientifically based upon findings specific to the added areas," Wetherell said in an email.

He added that Seeley Swan High School's potential plans to add in housing for teachers on the plot will likely cost more money because of the new policy.

Lack of clarity

Landowner Jeff Smith recently purchased one lot in the alpine trails subdivision. He said he doesn't know if he can afford a county-required septic system for a lot on Alpine Trails. He said he has been frustrated with the lack of communication over the whole process.

"I think they made this policy sometime before Christmas, and we found out from a neighbor that we had to use the new system," Smith said of alpine trails, noting he's had the property for about a year. "We didn't find out until after closing about all these rules."

Since finding out about the new rules, Smith has been looking into purchasing a different lot with a preapproved system, but no septic permit. He said he is wondering if it is worth it anymore, as he said the county has added a lot of hassle to building a home in Seeley Lake.

"There's no reason why good soil can't have a modern conventional system, affordability is a big deal for land in Seeley Lake" Smith said.

Miller, the County environmental health manager, said she understands that people have been frustrated over inconsistencies in the county's approach to approving septic systems. She said the new policy will make things more cut and dry and leave out independent consultants.

"We've always made hard decisions in Seeley Lake, but now this makes it a bit easier," Miller said.

"Policy changes"

Miller admitted that the new policies are more "protective," but she said the department hopes this will make decisions more consistent and leave fewer people wondering about how their neighbor's might get approved while others might not.

She clarified that no rules have been changed since 2015. What did change is the "policy" or implementation of said rule. Per Montana law, any change in the "rules" must be approved by the Missoula Health Board, and be subject to a public meeting process.

She said the reasoning for the higher standard is the level of nitrates in the groundwater reported in October 2023, which is above legal limits in the center and southern areas of Seeley proper.

She said before then, the "case-by-case" ruling on septics would often have many unanswered questions, which the county previously relied on independent contractors to do tests on an individual piece of land.

Miller said with more data flowing in from the Clearwater Resource Council and the Seeley Lake Sewer District, the county has better judgment over what would be a violation or not. Miller also clarified that the policies have shifted as the health department roles out the new standards.

"We had lot's of meetings with stakeholders from around Seeley Lake before we made the decision," Miller said. "But a week later, we decided our section about replacements went too far."

Miller said the policy change will not be the permanent way the health department deals with the groundwater issue in Seeley Lake. She said the county will be updating its rules around the special management area soon, including its boundaries and restrictions.

Wetherell said ultimately this will limit affordable housing in Seeley Lake, and said the county has been sending mixed signals over what residents should do.

"The commissioners have expressed empathy for creating a solution for affordable housing in Seeley Lake," he said in an email. "Yet allowing (the county) to seemingly include - without specific scientific proof of water quality degradation - the lands adjacent to the town of Seeley Lake in the SMA, rendering all land in that area to be unbuildable without the installation of the MCHD approved $60,000 septic system."

Miller said the county hopes to find a community based solution for Seeley Lake, because she said the residents of the area know what is best for their town. She said the county has yet to address other pressing issues like lakefront cabin waste that might wind up in Seeley Lake.

"It is a difficult position: we are obligated to fix groundwater, but septic regulations are parcel by parcel," Miller said. "We really are between a rock and a hard place."