Septic Systems and Real Estate Closings in La Plata County: A Guide for Buyers and Sellers

Homes in La Plata County served by an onsite wastewater treatment system, commonly called a septic system, are subject to specific rules at the point of sale. The La Plata County Public Health Department administers these rules under the La Plata County OWTS Regulations, adopted by the Board of Health on January 15, 2026 and effective March 2, 2026 (La Plata County OWTS Regulations). This guide explains what home buyers and sellers need to know about septic permits, Continued Use Permits, inspection timelines, and fees on a real estate transaction served by a septic system.

Why a Septic System Affects a Real Estate Transaction

Colorado sets onsite wastewater treatment rules at the state level under Regulation Number 43 (5 CCR 1002-43), effective March 2, 2026 in La Plata County through adoption by reference (Colorado Regulation 43), and each county handles permitting locally. In La Plata County, the La Plata County Public Health Department handles that permitting from 185 Suttle Street, Durango, Colorado 81303, reachable at 970-828-8842 or eh@lpcgov.org (La Plata County Septic Systems). The department's office hours are Monday through Thursday, 8:00 a.m. to 11:15 a.m. and 12:15 p.m. to 4:30 p.m., and the office is closed Friday through Sunday (La Plata County Septic Systems).

Permits Required to Build, Alter, or Repair a Septic System

La Plata County requires a permit to construct, alter, or repair any onsite wastewater treatment system (La Plata County Septic Systems). A buyer who plans to add bedrooms, convert a garage to living space, or otherwise raise occupancy on a property served by a septic system should confirm with the La Plata County Public Health Department, at 970-828-8842, whether the existing system is permitted for that level of use before completing the purchase.

The Continued Use Permit (Formerly the Transfer of Title Acceptance Document)

Since January 1, 2019, most properties served by a septic system in La Plata County have needed to pass an inspection at the time of sale, a program first run as the Transfer of Title Acceptance Document and now run as the Continued Use Permit (Continued Use Inspections Guide for Buyers and Sellers). The inspection must be completed by a technician certified through the National Association of Wastewater Technicians, searchable at the NAWT technician directory, or chosen from the La Plata County courtesy list of inspectors.

An application for a Continued Use Permit must include an inspection report completed within the twelve months before submission, filed with the La Plata County Public Health Department along with a nonrefundable fee of $120 (2026 OWTS Fee Schedule). The department reviews a complete application within three business days of receiving it, and asks that applicants submit at least two weeks before the expected closing date (La Plata County Septic Systems). Once approved, the department emails an Acceptance Document to every address listed on the application, and the applicant provides that document to the title company at closing.

An applicant who pays online enters "Continued Use Permit" in the payment description field and the property address in the invoice or customer name field (La Plata County Septic Systems).

Six Exemptions From the Continued Use Permit Requirement

The La Plata County OWTS Regulations list six situations that exempt a property from the Continued Use Permit requirement (La Plata County OWTS Regulations):

1. The septic system received final approval from the La Plata County Public Health Department or San Juan Basin Public Health within the four years before the closing date, including a system altered under a permit with components older than four years.
2. The septic system was repaired and received final approval from the La Plata County Public Health Department within the year before the closing date, provided a NAWT inspection report under section 10(D) of the regulations is submitted with the exemption claim.
3. The change in ownership is not a transaction conducted at arm's length.
4. The change in ownership creates or ends joint ownership in which at least one person is an original owner, or the spouse, parent, or child of an original owner.
5. The property transfers into a trust held in the same name as the original owner, or into a limited liability company in which the original owner is one of the directors.
6. The transfer results from foreclosure or forfeiture of the property. A later sale of that property, once title has passed to the foreclosing entity, is not covered by this exemption.

The La Plata County Public Health Department states that even when a property qualifies for one of these six exemptions, a title company, agent, or buyer can still require a Continued Use Permit inspection as a condition of the sale (La Plata County Septic Systems).

When an Inspection Finds a Problem

If an inspection finds that the septic system needs a repair or alteration, or finds that the bedroom count exceeds what the system is permitted to serve, the seller applies for a Conditional Continued Use Permit instead of a standard one, at the same nonrefundable fee of $120 (2026 OWTS Fee Schedule). The buyer signs a Buyers' Agreement to Repair or Alter an OWTS, committing to complete the required work after closing. A Conditional Continued Use Permit is also available when frozen ground or snow cover prevents an inspection or a repair before closing, on the condition that the buyer agrees in writing to complete the inspection or repair within a stated timeframe (La Plata County Septic Systems). The department recommends scheduling the inspection during warmer months, before ground freezes, to avoid this situation.

2026 Onsite Wastewater Treatment System Fee Schedule

The fees below were approved by the Board of Health on April 16, 2026 (2026 OWTS Fee Schedule).

*Per Colorado Revised Statutes 25-10-107, the Colorado Department of Public Health and Environment Water Quality Division assesses $23 on each new or repair permit, of which $20 goes to the state and $3 is retained by La Plata County (2026 OWTS Fee Schedule).

Frequently Asked Questions

What is a Continued Use Permit in La Plata County? A Continued Use Permit is the document the La Plata County Public Health Department issues after reviewing a septic inspection report submitted in connection with a property sale, and it replaced the Transfer of Title Acceptance Document program on the dates described above (Continued Use Inspections Guide for Buyers and Sellers).

How much does a Continued Use Permit cost in La Plata County? The fee is $120, and it is nonrefundable (2026 OWTS Fee Schedule).

How far in advance should a seller apply? The La Plata County Public Health Department asks for submission at least two weeks before the expected closing date and reviews a complete application within three business days (La Plata County Septic Systems). Here's the interesting thing though: if you're selling, you can get the septic inspection and it's good for a year. If you time it right, you then apply for the Continued Use Permit, which is good for another year- so you can essentially get 2 years out of one inspection. Hopefully it doesn't take that long to sell your property though!

Are any properties exempt from the Continued Use Permit requirement? Yes, the La Plata County OWTS Regulations list six exemptions, covering recent permits, recent repairs, non arm's length transfers, certain joint ownership changes, certain trust or LLC transfers, and foreclosure or forfeiture (La Plata County OWTS Regulations).

John Mace, REALTOR, RENE, PSA, RSPS, ABR Your Durango Real Estate at R1 Colorado 125 Mercado St #107, Durango, Colorado 81301 Phone (970) 648-4149 | mace@yourdurangorealestate.com Full biography