Sourced from OAR chapter 340 divisions 071 and 073 as amended effective January 1, 2026, ORS chapter 454 (including ORS 454.640 and ORS 454.755), Oregon DEQ’s compiled rule PDF and its rulemaking calendar dated July 7, 2026 — last checked August 2026.
Where the rules live
| Source | What it does |
|---|---|
| ORS chapter 454 | The statute. Creates the program, sets DEQ’s authority, and contains a few homeowner rights that are not in the rules — including the 90-day re-inspection entitlement at ORS 454.755(2) |
| OAR 340, division 071 | The main technical rules: definitions, general standards, permits, fees, repair, maintenance contracts, and six named geographic areas |
| OAR 340, division 073 | Certification of installers, maintenance providers and pumpers |
Counties administer the rules. They do not write them.
DEQ permits directly in three counties — Curry, Jackson and Josephine — and contracts the other 33 out to local jurisdictions acting as its agents. In the rules, “agent” covers DEQ staff and contract county staff alike: whoever runs the program where you live.
The confirming case is Deschutes County, which tried the ordinance route with an interim ordinance and then repealed it. Its nitrogen requirements now run through the agent’s site-specific authority instead.
What does vary is judgment about your particular property. Under OAR 340-071-0130(1), if the agent decides the minimum standards will not adequately protect public health or public waters on your site, they must require something more protective — and must give you a written statement of the specific reasons why. That duty is mandatory once triggered, it is per-site rather than per-county, and it creates a record you can question. More on how this plays out at the site evaluation.
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The January 1, 2026 rewrite — and why old guidance is unreliable
The Environmental Quality Commission adopted the first substantial rewrite of these rules since 2014. It was adopted on September 11, 2025, filed on October 1, 2025, and took effect on January 1, 2026, driven by 2023 legislation on accessory dwelling units and sewer availability.
Subsection numbers moved. The permit requirement that was at 0130(15)(a) is now at 0130(14)(a). The definition of “failing system” moved because “Accessory Dwelling Unit” was inserted earlier in the definitions list. An entirely new rule, 0132, was inserted where the division previously ran 0130 straight to 0135.
Use DEQ’s own compiled PDF of divisions 071 and 073 rather than a third-party mirror, and check the effective date on anything you read — including ours.
What the January 1, 2026 changes actually did.
Nothing further is pending
DEQ’s rulemaking calendar dated July 7, 2026 lists 13 active rulemakings. None of them touches division 071 or 073. The January 1, 2026 package is settled law, and there is no successor rulemaking in the pipeline as at that date.
That is worth stating plainly because it is unusual to be able to say it. If you are planning a system for 2026 or 2027, you are planning against a stable rulebook.
The parts most people never read
Your obligation is in 0120, not 0130. Most guides look at “General Standards” for the homeowner’s duty. It is actually one rule earlier, inside “Jurisdiction and Policy”: OAR 340-071-0120(2) makes each owner of real property jointly and severally responsible for treating the wastewater generated there and for maintaining, repairing and replacing the system. It attaches to owning the land, so a buyer inherits it at closing.
Fees are constrained, not just delegated. OAR 340-071-0140(9)(c) says fees “may not exceed actual costs for efficiently conducted services.” That word constrains 33 separate county schedules. See what each county charges.
Some duties bind only some system types. The maintenance contract rule at 0132 applies to specific classes of system with three different qualifying dates — and the duty to report a failure now sits inside that rule, which means it binds fewer owners than it used to. Which systems it covers.
Questions about your own property
The rules are statewide but the answers are site-specific. We can connect you with licensed local professionals at no cost.
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Frequently Asked Questions
Where are Oregon’s septic regulations?
ORS chapter 454 is the statute, and the technical rules are in OAR chapter 340, divisions 071 and 073, as amended effective January 1, 2026. Division 071 covers standards, permits, fees and repair; division 073 covers certification of installers, maintenance providers and pumpers.
Can Oregon counties make their own septic rules?
No. Oregon has no local-ordinance power for septic — ORS 454.640 limits a contract agent to enforcing state standards. Deschutes County tried the ordinance route and repealed it, and now applies its nitrogen requirements through site-specific agent authority instead.
What changed in Oregon’s septic rules on January 1, 2026?
The first substantial rewrite since 2014, adopted September 11, 2025 and effective January 1, 2026. Subsection numbers moved and an entirely new rule, OAR 340-071-0132 on maintenance contracts, was inserted where the division previously ran 0130 straight to 0135.
Are more Oregon septic rule changes coming?
Not as at DEQ’s rulemaking calendar dated July 7, 2026, which lists 13 active rulemakings, none touching divisions 071 or 073. The January 1, 2026 package is settled law with no successor rulemaking in the pipeline.