Petition to Oppose Proposed 8-Plex Development in Bennington, Idaho

To: Bear Lake County Planning & Zoning Commission, Local Officials, and Relevant Stakeholders
From: Concerned Residents of Bennington, Idaho
Date: June 4, 2025

We, the undersigned residents of Bennington, Idaho, strongly oppose the proposed construction of an 8-unit multi-family residential building (8-plex) in our rural, unincorporated community. This proposed development is not just incompatible with our land use and community identity—it also violates existing water use bylaws, poses significant environmental and public health risks, and conflicts with Idaho health and sanitation regulations. 

This Project Must Not Proceed—Here’s Why:
1. Violation of Updated Bennington Water System Bylaws
Bennington is served by a private water system managed by the Bennington Water System Inc. The members formally voted to adopt a bylaw limiting water service to single-family residential homes only.

This bylaw change was a direct, proactive response to protect the integrity and sustainability of the water system amid growing development pressures. Granting service to an 8-plex would violate this newly adopted rule and undermine the democratic authority of the Bennington Water System Inc. and its member stakeholders.

2. Septic Systems Are Incompatible with High-Density Use
Bennington does not have access to a municipal sewer system. All wastewater is managed through individual septic systems, which are regulated by the Southeastern Idaho Public Health District (SIPHD) and must adhere to:

• Soil suitability and percolation testing
• Drainfield spacing and setback requirements
• Groundwater protection rules

Per SIPHD and the Idaho Department of Environmental Quality (IDEQ), the Technical Guidance Manual for Individual and Subsurface Sewage Disposal Systems prohibits oversaturation of a lot with multiple systems if the soil, slope, or space cannot safely accommodate wastewater load.

An 8-plex, even if served by a shared or clustered system, would exceed the wastewater capacity of a standard rural lot and likely fail a percolation and site evaluation. This poses a high risk of system failure, leachate overflow, and contamination of both private wells and groundwater supplies.

3. A Public Hearing is Scheduled—Community Opposition Must Be Heard
A public hearing regarding this proposed development has been scheduled for June 18 by the Bear Lake County Planning & Zoning Commission. 

Bear Lake County’s Land Use Ordinance (adopted March 2019) emphasizes low-density, rural residential development in areas like Bennington. Allowing a high-density 8-plex:

• Violates the spirit and likely the letter of existing zoning ordinances
• Introduces a new residential classification not supported by infrastructure
• Undermines decades of planning and community investment

We demand that the Commission consider the clear, overwhelming opposition of Bennington residents, as well as the potential environmental and infrastructural consequences of allowing high-density development in an area not designed for it.

4. Risk of Setting a Harmful Precedent
If approved, this project would set a dangerous precedent allowing multi-unit development anywhere within the rural county, without adequate infrastructure or resident support. This opens the door to incompatible urban-style growth in unzoned or lightly zoned areas and puts existing homeowners at risk of decreased property values, reduced water access, and environmental degradation. 

We Request the Following:
We respectfully demand that Bear Lake County:

• Reject any permit applications related to this proposed 8-plex development.
• Uphold the current Bennington Water System bylaws, prohibiting multi-unit service.
• Enforce SIPHD standards and require full septic feasibility and soil evaluations.
• Honor community opposition expressed at the June 18 public hearing and beyond.
• Protect Bennington’s rural character, water security, and environmental integrity in all future land use decisions.

Bennington is not anti-growth—we are pro-sustainability, pro-local decision-making, and pro-community. This proposal fails on all three counts.

References:

Southeastern Idaho Public Health District (SIPHD) - Septic System Requirements
SIPHD site and soil suitability evaluations for individual septic systems, including percolation testing and setback requirements.
Source: SIPHD Environmental Health – Septic Systems: https://www.siphidaho.org/environmental-health/septic-onsite.php

Idaho Department of Environmental Quality (IDEQ) – Technical Guidance Manual for Individual and Subsurface Sewage Disposal Systems
Governs design and siting of septic systems, including limitations on system density and wastewater load to prevent groundwater contamination.
Source: IDEQ Technical Guidance Manual (IDAPA 58.01.03) https://adminrules.idaho.gov/rules/current/58/580103.pdf

Bear Lake County Land Use Ordinance (March 2019)
Emphasizes low-density rural residential development and sets zoning standards for Bennington and surrounding areas.
Source: Bear Lake County official documents: https://www.bearlakecounty.info/uploads/2/8/6/7/28674675/county_land_use_ordinance_3-8-19.pdf

Environmental and Health Risks of Septic System Failures
EPA and IDEQ guidelines highlighting risks of septic system overload including groundwater contamination and public health threats.
Source: EPA Septic Systems Overview: https://www.epa.gov/septic/septic-systems-overview
Source: IDEQ Onsite Wastewater Treatment Systems: https://www.deq.idaho.gov/water-quality/wastewater/onsite-wastewater-treatment-systems/