Dakota County has special requirements for property transactions when the property contains any wells. Keep your Well and Boring Sealing Record with your property records. Refer to it when you complete a Well Disclosure Certificate.
Sellers must disclose wells on property
According to Dakota County Ordinance 114 – Wells and Water Supply Management, the property owner must disclose the location, condition, water quality and the measures to be taken to bring all new and existing wells into conformance with this ordinance prior to a property transaction. Water analysis must be performed by a Minnesota Department of Health certified laboratory using approved methods within six months prior to a property sale.
Sellers must complete a Well Disclosure Certificate
It is the duty of the property owner to complete a Well Disclosure Certificate for all wells on the property and file the certificate with the County Recorder as required by Minnesota Statute 103I. 235 and any subsequent amendments.
Water testing requirements
All existing potable well water supplies that are part of a property transaction must be tested according to the following requirements:
- Private wells must be tested by a Minnesota Department of Health certified laboratory, using approved methods within six months prior to a property transaction. Samples for the property transaction must be collected by an independent third party using appropriate sample collection procedures.
- Private wells that are the primary water supply and are part of a property transaction must meet applicable drinking water standards as defined in Ordinance 114.
- Private wells that are the primary water supply and do not meet drinking water standards and are part of a property transaction must have a replacement potable water supply. This may include a new well, connection to an alternate water supply or approved water treatment.
- Approved water treatment must be done in accordance with manufacturer instructions and intentions for treatment methods and devices. In the case of water treatment, samples must be collected from the treated and untreated portions of the water supply and tested to show removal of contaminants of concern to within acceptable drinking water levels. Water treatment devices must be maintained according to manufacturer instructions and used in a manner consistent with manufacturer intentions. The seller must disclose the use of a treatment device or method.
At the time of a property transaction, all unused wells must be permanently sealed as required in Section 1100 of Ordinance 114. If the well is not permanently sealed, the well must be permitted as required in Section 1200 of Ordinance 114 or be brought back into working condition and used if the use of the well does not pose a threat to the quality or quantity of groundwater.