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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6851
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Question #1: Does a metal storage container, which will not

Customer Question

Question #1: Does a metal storage container, which will not be on a foundation, require a permit, since it is (a) not a permanent structure, and (b) not being built on site?
Question #2: If a septic tank fails, on a home built in 1948, and the home is located on a flood plain and adjacent to a wetland, require any approval from DEQ? Can the installation of a new septic tank be refused, thus making the home uninhabitable?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

Good morning. I apologize for the delay in responding to your question. The detached storage container Should not be a problem because it is not a permanent structure which could possibly affect adjacent wetlands. It is important to remember that the low-level bureaucrat when asked for permission regarding something that he is not absolutely sure of, will always respond negatively. They will never say: "I'm not sure about that, but it shouldn't be a problem so go ahead". Everyone is scared to death to do anything that they might get criticized for later. This aspect of human nature gives rise to the principle that: "It is better to ask for forgiveness than permission". That covers the storage container. It may or may not apply to the repair/replacement of a septic system or tank. The question of grandfathering in Oregon is very unclear as can be shown by this article:https://law.lclark.edu/live/files/239-361hunnicutt. Apparently Oregon has (or at least in 2006 had)no specific statute or body of case law on grandfathering, and/or whether or not regulation of land use can amount to a "taking" by the state. If it comes down to a question of losing the home, you will have to employ the services of a very competent, and I would suggest politically connected, local attorney. I hope that this information is helpful, and that I have not spoiled your Thanksgiving with that 52 page article.

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