Sourced from Michigan legislature reporting on Senate Bill 771, Senate Natural Resources and Agriculture Committee proceedings, Flow Water Advocates, and the Michigan Association of Counties — last checked August 2026.
Where It Stands
| Date | Status |
|---|---|
| January 28, 2026 | Sen. Sam Singh (D-28, East Lansing) introduces SB 771 |
| March 2026 | Senate Natural Resources and Agriculture Committee hears testimony |
| June 2026 | Committee votes along party lines to advance the bill to the Senate floor |
| Now | Awaiting Senate floor action. Not law. |
This is further than most previous attempts have reached. It is still several steps short of enactment.
What It Would Require
A Technical Advisory Committee of local health officials, engineers, soil scientists and environmental organizations, working with EGLE to recommend rules and performance standards.
Three years for EGLE to adopt statewide rules for onsite wastewater treatment systems, covering both conventional and alternative designs.
Evaluations beginning quickly — as early as 45 days after the rules are in place.
Ten years for local agencies to work through evaluations based on risk factors including environmental criteria, system age, and changes in use.
A statewide database of septic system locations and evaluation results. Under the current draft it would not be publicly accessible, though reporting indicates access has been part of ongoing discussion.
Alternative and innovative treatment technologies permitted to meet the standards, providing flexibility for difficult sites.
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Who Would Be Evaluated First
• Any system older than 20 years within 500 feet of surface water
• Any system in a high-risk erosion area
• Any system that lacks a construction permit
• Any system 30 years or older, regardless of location
After that first decade, systems 20 years or older would be evaluated once every 10 years.
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Would Michigan’s Proposed Septic Code Affect You?
That said, the bill’s evaluation triggers are a reasonable proxy for whether your system is worth having looked at regardless of what happens in Lansing.
Based on Senate Bill 771 as reported during committee proceedings. Bill language can change during the legislative process. Nothing here is a legal requirement today — Michigan currently has no statewide septic code, and your county’s sanitary code governs your property.
Costs and Funding
An Onsite Wastewater Treatment System Administration Fund would provide grants to local health departments, support digitization of septic records, fund public education, and assist low-income homeowners with inspection and repair costs.
A $5 fee on permitting and application services would support a public education and training fund, covering outreach plus training for local health departments, evaluators and EGLE.
A $50 inspection fee could be charged by local health departments.
Enforcement
Homeowners who did not comply would be subject to fines, and to criminal charges for submitting falsified inspection reports.
Fines could be waived for households making less than 400% of the federal poverty level — an acknowledgement that a failing system can cost more than $20,000 to replace, which is beyond many households.
The Opposition
Worth understanding, because it’s substantive and comes from the people who would have to implement the law.
The Michigan Association of Counties opposes the bill. In a letter, MAC said it wants a reliable, dedicated fund for septic system repairs so that financial hardship is not placed on low and fixed-income homeowners.
MAC also warned that the legislation risks overburdening local health departments, stating that the bill “assigns substantial new responsibilities without guaranteeing ongoing state funding.”
Property rights concerns have historically been the central obstacle to Michigan septic legislation, and remain part of the debate.
What To Actually Do About It
Nothing is required of you today. Michigan currently has no statewide code, and your county’s sanitary code governs your property.
But the evaluation triggers are worth taking seriously on their own merits. A system over 30 years old, or over 20 years old and close to water, or with no permit on file, is a system worth having looked at — whether or not Lansing ever requires it. Those criteria exist because they identify the systems most likely to be failing.
Legislative status can change. This page reflects reporting through mid-2026. Check current status with the Michigan Legislature before relying on it.
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Frequently Asked Questions
What is Michigan Senate Bill 771?
Legislation sponsored by Sen. Sam Singh that would require EGLE to develop Michigan first statewide septic code within three years. It was introduced January 28, 2026.
Has SB 771 become law?
No. It advanced from the Senate Natural Resources and Agriculture Committee in June 2026 on a party-line vote and awaits action on the Senate floor. It would still need passage by both chambers and the governor signature.
Which systems would be evaluated first under SB 771?
Systems older than 20 years within 500 feet of surface water, systems in high-risk erosion areas, systems lacking a construction permit, and any system 30 years or older regardless of location.
How often would evaluations happen?
Local agencies would have ten years from rule adoption to work through systems by risk. After that first decade, systems 20 years or older would be evaluated once every ten years.
Who opposes SB 771?
The Michigan Association of Counties, which wants a reliable dedicated repair fund so financial hardship is not placed on low and fixed-income homeowners, and warns the bill assigns substantial new responsibilities to local health departments without guaranteeing ongoing state funding.