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🏡 Selling Your Home, with a Septic System in Minnesota: What You Need to Know

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If you're preparing to sell your home in Minnesota and it has a septic system (officially called a Subsurface Sewage Treatment System or SSTS), there are a few important steps you need to take to stay compliant with state and local regulations. Here's a breakdown of what the Minnesota Pollution Control Agency (MPCA) and many counties require.

✅ 1. Disclosure Is Mandatory
Minnesota law requires sellers to disclose in writing how sewage is managed on the property. This includes whether the home is connected to a public sewer or has a private septic system.
If your home has a septic system, your disclosure must include:
  • A legal description of the property and its county.
  • A map showing the location of the septic system (even if it's abandoned).
  • Whether the system is currently in use and, to the best of your knowledge, whether it complies with applicable laws. [www.pca.state.mn.us]

🕵️‍♂️ 2. Compliance Inspection May Be Required
While the state does not require a compliance inspection before selling, many counties, cities, and townships do — especially in shoreland areas or if the buyer’s lender requests it.
A compliance inspection must be performed by a state-certified inspector and includes:
  • Pumping the tank empty (required by MPCA rules).
  • Checking for leaks, cracks, and proper treatment.
  • Issuing one of the following:
    • Certificate of Compliance (valid for 3 years for existing systems).
    • Notice of Noncompliance (system must be replaced within 12–24 months depending on location).

🧾 3. What Happens If You Don’t Disclose or Inspect?
If you fail to disclose the septic system or its known condition:
  • You may be liable for the cost of bringing the system into compliance.
  • The buyer has up to two years after closing to take legal action. [www.pca.state.mn.us]

💡 4. Local Ordinances Matter
Each county may have its own rules. Here’s what Mille Lacs County requires:

🏞️ Mille Lacs County Septic Ordinance Highlights

  • A compliance inspection is required prior to the sale or transfer of property.
  • Inspections must be performed by a licensed professional certified by the MPCA.
  • The septic tank must be pumped empty before the inspection to allow for a full integrity assessment.
  • A Certificate of Compliance is issued if the system meets standards; otherwise, a Notice of Noncompliance is issued, and the system must be upgraded or replaced.
  • Mille Lacs County also requires inspections:
    • For new construction in shoreland or wild and scenic river districts.
    • Before issuing a permit or variance to add a bedroom to an existing structure.
  • Greenbush Township administers its own SSTS program, so residents there must contact the township directly. [www.millelacs.mn.gov]

📋 5. Tips for a Smooth Sale
  • Schedule your inspection early to avoid delays.
  • Keep records of pumping, maintenance, and repairs.
  • Work with a licensed inspector — MPCA maintains a list.
  • Check with your county for specific requirements and forms.

📞 Need Help?
Contact the MPCA SSTS staff at:
 
 
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