09/09/2026
Gmail CB McKinnon
[Nc.certifiedwellcontractors] NC Well Contractors - HB 376 - what you should know
colvard, Bryan Mon, Aug 17, 2026 at 9:15 AM
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North Carolina well contractors should be aware of a recent change in State law affecting local requirements for private drinking water wells.
On July 2, 2026, Session Law 2026-32 (House Bill 376) became law. Section 8 of the legislation amended several statutes governing private drinking water well permitting and, importantly, repealed existing local board of health rules concerning the permitting of private drinking water wells.
Prior to this change, local boards of health were authorized to adopt private well rules that were more stringent than statewide requirements when deemed necessary to protect public health. As a result, contractors working in different counties could encounter additional local construction, location, setback, permitting, or other requirements beyond those established by the statewide well rules.
Section 8(d) of Session Law 2026-32 states:
“All local boards of health rules concerning the permitting of private drinking water wells, as defined in G.S. 87-85, except for testing standards as set out in G.S. 87-96 and fees adopted pursuant to G.S. 130A-39, in effect when this section becomes law are repealed.”
The legislation also amended G.S. 87-96 so that local boards of health may adopt more stringent rules concerning testing of water resources rather than more stringent private drinking water well rules generally. G.S. 130A-39(b) was similarly amended to provide that a local board of health may not adopt rules concerning the permitting of private drinking water wells except for testing standards authorized under G.S. 87-96.
What this means for well contractors
For private drinking water wells, contractors should no longer be required to comply with local board of health permitting rules that imposed construction, location, setback, or similar requirements beyond applicable State requirements. Private drinking water wells are now permitted in accordance with the applicable statewide requirements, including 15A NCAC 02C.
Local health departments continue to administer the private drinking water well permitting and inspection program and remain the permitting authority. Contractors must continue to comply with the North Carolina Well Construction Act and applicable statewide requirements governing well construction, repair, abandonment, permitting, and inspection. The legislation also preserves local authority regarding authorized water-testing standards and fees.
For private drinking water well permits issued prior to July 2, 2026, under a county’s previous local rules, the requirements of the permit as issued remain applicable. If a contractor or property owner wishes to construct the well after July 2 under the current State requirements rather than the requirements contained in the previously issued permit, a new application and permit may be required. Before constructing a well in a manner that differs from the conditions or requirements of an existing permit, please contact the appropriate local health department to determine whether reapplication and issuance of a new permit under the State rules is necessary.
Importantly, this legislation does not require local governments to rescind rules or ordinances governing the permitting of irrigation, agricultural, or other water supply wells that do not meet the statutory definition of a “private drinking water well” in G.S. 87-85. The repeal in Section 8(d) specifically applies to local board of health rules concerning the permitting of private drinking water wells. Therefore, local requirements applicable to other types of wells may remain in effect.
For contractors working in counties that have historically required permits for irrigation, agricultural, or other non-private drinking water wells, we recommend contacting the local health department to determine whether the county intends to retain those local requirements. Contractors should not assume that all local well permitting requirements were eliminated by Session Law 2026-32.
The relevant statutory changes are contained in Session Law 2026-32, Section 8, which amends G.S. 87-96, G.S. 87-97, and G.S. 130A-39 and expressly repeals existing local board of health private drinking water well permitting rules, subject to the exceptions described above.
We have attached Session Law 2026-32 for your review. We have also attached the On-Site Water Protection Branch Position Statement, which provides additional information and guidance regarding implementation of these statutory changes.
Please reach out to the NC SWIFT Team if you have any questions regarding these changes or their implementation.
Bryan Colvard, REHS
NC Well Contractors Certification Commission Staff
Division of Public Health, On-Site Water Protection Branch
North Carolina Department of Health and Human Services
(336) 528-0409
[email protected]
www.wellcontractors.nc.gov
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Raleigh, NC 27699-1653
65 Moore Dr
Durham, NC 27713
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SL 2026-32_H376 Position Statement.pdf
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H376v7 (004).pdf
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