Mr. Harward applied for permission to build a septic field 75 feet, rather than the required 100 ft, from a creek. The application was refused and Mr. Harward appealed. Although there were examples provided of permits being issued for septic tanks closer to the stream than 75 feet, these permits were issued under old regulations. The Board heard no evidence that the requirement of a 100 feet buffer could be relaxed and found no evidence that the Health Officer had exercised his discretion improperly.
