Kansas Statutes 65-189e. Act inapplicable to certain lands
Terms Used In Kansas Statutes 65-189e
- Department: means the department of health and environment. See Kansas Statutes 65-1,175
- owner: means the title holder of record or a person purchasing the lot or tract in question under a written contract of sale. See Kansas Statutes 65-185
- Property: means real property. See Kansas Statutes 65-1,222
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- sanitation zone: means the land within an area designated and described by regulation of the secretary of health and environment under the provisions of this act, no portion of which is located more than three (3) miles from the waterline of the conservation pool of any existing or proposed state or authorized federal reservoir having a surface area of its conservation pool of more than one hundred (100) acres, but not including any area within any incorporated city, or any area downstream from the dam site. See Kansas Statutes 65-185
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-1,114
The provisions of this act* shall not apply to:
(a) Land used exclusively for agricultural purposes as defined in this act* or to land under the control of the Kansas department of wildlife and parks, but the department shall not develop any land under its control without providing water, sewage disposal and refuse disposal facilities that are in conformity with these standards and have submitted plans therefor to the secretary of health and environment and obtained the secretary’s approval;
(b) subdivisions platted and approved by the board of county commissioners prior to August 1, 1965, except that this exemption shall not be extended to any construction other than a single family residence and shall not permit violation of any local ordinance or code or the creation of any condition that is detrimental to the health or property of an adjacent property owner; or
(c) land subject to a sanitary code or codes as defined in Kan. Stat. Ann. §§ 19-3701 through 19-3708, and amendments thereto, that contain provisions for control of the subsurface disposal of sewage, supplying of water from on-lot wells and the disposal of refuse, if the county, city-county or multicounty health department enforcing such sanitary codes shall furnish to the secretary of health and environment such information as the secretary may require concerning the number and types of such sewage, water and refuse facilities installed in the sanitation zone.