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.
Additional information about wells and links to some well records can be found on DCGIS.
Instructions for DCGIS
After launching the DCGIS app, click Agree. You can then use the bullseye in the top right of the page to find your current location or use the zoom or search functions to find the address in question. At the top of the page, click on Map Layers and expand the Environment section. At the bottom of the Environment section, click the checkbox next to Wells.
The wells will only show up when zoomed in. To find links to documents as well as other information click on a well to view the pop-up.
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 one year 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.
Well Disclosure Certificates
All transfer deeds — including Contracts for Deed — require:
A completed well disclosure certificate and a $50 fee, OR
One of the following statements that apply must appear on the deed:
- “The Seller certifies that the seller does not know of any wells on the described real property." OR
- “I am familiar with the property described in this instrument and I certify that the status and the number of wells on the described real property have not changed since the last previously filed well disclosure certificate."
Water testing requirements
All existing potable well water supplies that are part of a property transaction must be tested according to the following requirements listed in Section 8 of Ordinance 114:
- Private wells must be tested by a Minnesota Department of Health certified laboratory, using approved methods within one year 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 Section 4.04 of 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.
- Required testing parameters for property sale, include coliform bacteria, nitrates, manganese (unless previously tested and results are available), and arsenic (unless previously tested more than 6 months after well construction and results are available).
Find out how you can test your well water.
At the time of a property transaction, all unused wells must be permanently sealed as required in Section 8 of Ordinance 114. If the well is not permanently sealed, the well must be permitted as required in Section 6 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.
Find out about sealing unsued wells.
If you have any questions, call Environmental Resources at 952-891-7000.