Best Available Technologies Septic Systems

Septic System Regulations - Updated November 28, 2016



Effective November 24, 2016, Best Available Technologies (BAT) septic systems will no longer be required in most situations per COMAR 26.04.02.07

Environmental Health Services will begin accepting and processing requests for revisions to any previously approved building permit for new construction where a BAT  was required to be installed.

In order to handle these requests in an organized and efficient manner, we will require the submission of the "Relief of BAT Requirement form" signed by the property owner along with a $50 re-evaluaion fee.  The request will be processed on a first-come, first-serve basis within a minimum of 10 business days of receipt in our office.  Forms can be submitted to our office through the U.S. mail with a check made payable to the Frederick County Health Department or in person payable by check, cash or Visa/Mastercard.

PLEASE DO NOT BRING FORMS INTO THE OFFICE AND EXPECT AN IMMEDIATE APPROVAL WHILE YOU WAIT, AS THESE REQUESTS WILL NOT BE ACCOMMODATED.

Be advised that in some instances, our office will maintain that the installation of a BAT will still be required.  These instances will generally be on sites where our office has determined that a BAT is necessary to protect the water supply or water resources of the state, designated Wellhead Protection areas, the lot has poor soils for on-site sewage disposal (i.e., requires an alternative or innovated sewage design) and/or the wastewater strength is greater than typical domestic strength.

Our office will generate a revised septic design drawing that will be mailed/emailed to the owner indicated on the request form or a letter of denial will be sent indicating the rationale of why a BAT will still be required.




In Frederick County, a septic system construction permit is applied for and issued in conjunction with a building permit application and cannot be applied for separately, The septic system permit is issued by the Frederick County Environmental Health Division, only after the building permit has been approved by our office.

Questions relating to the new regulation should be directed to Frederick County Environmental Health Division at 301-600-1726.

Additional Resources