PETITION TO THE MONTGOMERY COUNTY COMMISSIONERS COURT
Subject: Strengthen Septic & Drainage Regulations for Residential Development

We, the undersigned residents and concerned citizens of Montgomery County, Texas, respectfully petition for stronger enforcement and clear regulations governing residential development where septic systems and natural or engineered drainage are used. Inadequate planning for both hillside and non-hillside properties creates health, safety, and property risks that cannot be ignored.

Background & Concerns
·         Septic failures: untreated wastewater surfacing on lots or flowing into waterways.

·         Water contamination: wells and water supplies compromised by failing or overloaded systems.

·         Drainage hazards: standing water, uncontrolled runoff, and flooding damaging homes and neighboring lots.

·         Soil erosion & structural instability: particularly severe on sloped terrain where drainage is not properly engineered.

Minimum Requirements for Responsible Development
We request that Montgomery County adopt and enforce the following standards before issuing permits for residential construction using septic systems:

1.       1. Topography & Slope Analysis (Hillside Development)

Require certified grading and slope analysis for all hillside lots; prohibit septic installations on slopes exceeding the gradient allowed under 30 TAC Chapter 285 without engineered alternatives.

2.       2. Soil & Percolation Testing (All Lots)

Require professional soil evaluation and PERC testing for every lot prior to approval of septic plans to ensure absorption rates meet TCEQ standards.

3.       3. Designated Secondary (Repair) Area

Reserve a compliant future replacement (repair) area for the septic system on each lot.

4.       4. Water Source Protection

Enforce minimum separation distances from wells, water lines, creeks, and drainage easements under 30 TAC §285.91; add safeguards near ponds, floodplains, and seasonal flows.

5.       5. Drainage Plans for All Development

All drainage plans must comply with the Montgomery County Drainage Criteria Manual and the Deed Restrictions and include measures such as swales, culverts, or retention features where needed. Plans must prevent flooding of adjacent lots, concentrated discharge, and erosion/sediment runoff.

6.       6. Alternative Septic Systems for Unsuitable Conditions

Require advanced or alternative systems such as Aerobic Treatment Units (ATUs), Low-Pressure Dosing, Mound systems, or Drip Irrigation where soil, slope, or drainage do not meet minimum standards.

Our Request

No building permit should be issued for any property relying on a septic system and natural drainage until these requirements are fully met and verified by county inspection.

Additionally, builders, developers, and responsible parties must be held accountable for:
• Performing all necessary repairs or corrective actions to bring existing septic and drainage systems into full compliance with TCEQ, Montgomery County Drainage Criteria Manual, and community deed restrictions.
• Providing financial reparations or funding remedies where construction deficiencies have caused septic failure, water contamination, flooding, or erosion that impacts homeowners and adjacent properties.
• Documenting all corrective work and submitting proof of compliance prior to further development approvals.

Enforcement & Accountability

We further request that Montgomery County adopt enforcement provisions requiring:
• Mandatory repairs and site corrections for existing deficiencies.
• Financial compensation for affected property owners where drainage or septic failures caused damage or health risks.
• Withholding of future permits for any developer or builder until all remediation obligations are satisfied.

Why This Matters
·         Improperly designed systems harm public health, degrade water quality, and diminish property values.

·         Poor drainage causes flooding and structural damage, placing costs on homeowners and the county.

·         Proactive enforcement now will prevent expensive remediation and lawsuits later.

Legal & Regulatory Authority
• Texas Administrative Code, Title 30, Chapter 285 (On-Site Sewage Facility standards).

• 30 TAC §285.91 Tables (Minimum Required Separation Distances).

• Texas Water Code §26.121 (Unauthorized discharges prohibited).

• Montgomery County Drainage Criteria Manual and Subdivision Rules (drainage compliance).

Resident Impact Statements
Please describe any problems you’ve experienced with flooding, drainage failures, or septic contamination. These personal accounts will be presented to the Commissioners to show the real impact on residents.

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