Forced Inspection

**Mrs. Trouble** · 03-24-2012, 03:33 PM

I went to the county to simply inquire about whether or not I need a permit for a swingset and if I could place it over my septic easement. The guy looks at my plat and notices that my well isn't clearly marked on the plat and may not be up to code due to the age of the well. He then proceeds to tell me that, now that he has seen the plat, he is going to require a formal inspection of my well including testing. WHAT? For one thing, I have never ever had a problem with my well. I guess it is about 50-60 years old. I have always been told by the folks who have done work on the well over the years that I have the best well in the county in terms of flow and water quality.

Does the mere fact that I went in to ask a question about one thing give them the right to force an inspection on my property over something that made them curious on my plat? I have not even submitted a building permit, which apparently I don't even need in the first place. Just knowing the age of my well and that it probably wasn't built to current code (obviously, due to the age) doesn't seem like just cause to make an inspection to me.

Help! I feel like an idiot going in to ask an innocent question, which now may cost me thousands of dollars.

Mrs. T

**Mr. Knowitall** · 03-25-2012, 10:47 PM

As you were told when you posted, laws vary by state.

**Mrs. Trouble** · 03-26-2012, 04:38 AM

Wow, that was pretty rude.

You are wrong, by the way. There are federal guidelines regarding the Fourth Amendment and warentless searches. I have already gotten the answer from a lawyer. No health inspector can enter your property without permission or a warrant, although he/she can make open field inspections if they can see your property from a place where the general public would be allowed to be.

**Mr. Knowitall** · 03-26-2012, 06:00 AM

Yes, it was very rude of you to ignore the instruction to identify your state, and the explicit notice that it is necessary due to the fact that laws vary by state. It is also very rude of you to continue to do so. Now that we're done discussing your rude behavior perhaps you can finally get around to following the instruction to identify your state.

You overstate what a health inspector can and cannot do, but that's an issue for another day.

State law is important even when there is federal authority because some states offer protections beyond the federal minimum. Also, sometimes there is better case law in one federal circuit than in another. (The fact that you don't understand these issues doesn't render the requested information unnecessary.)