Title 5 waivers and variances in Harwich
- Free to homeowners
- Pumping, backups, Title 5 & repair
- Providers must hold the required town permit
What the Board of Health's sewer-area waiver form requires, how it differs from a Title 5 variance, and who decides.
Sewage backing up or septic alarm sounding? Stop using water and stay out of any sewage. For a sewage backup, call instead of using the form: (508) 593-9460.
Harwich Septic Help is a free referral service. We are not a septic company and do not pump, inspect, or repair systems. When you call or send a request, we work on matching you with an independent local septic provider, who must hold the required town permit and may pay us a referral fee. Prices, licensing, scheduling and work are between you and that provider. Call-recording notice: Calls to our number may be recorded to route your request and for quality. A recorded greeting tells every caller this before the call is connected.
Two different things people call a "waiver"
- Harwich's sewer-area waiver (town form). For properties in areas to be sewered: instead of paying to inspect or upgrade a system that hasn't been inspected or doesn't comply (the form gives "a cesspool system or failed system" as examples), the buyer and seller ask the Health Department for a waiver and agree to connect to municipal sewer once it is available. Download: Title Five Inspection or System Upgrade Waiver Form (PDF).
- A Title 5 variance (state regulation). Under 310 CMR 15.410, the Board of Health may vary a provision of Title 5 only when the applicant shows that enforcing it would be "manifestly unjust" and that a level of environmental protection at least equivalent to Title 5 can be achieved without it. Some provisions can't be varied (310 CMR 15.415).
- Local Upgrade Approval. Many repairs of existing systems don't need a variance at all: under 310 CMR 15.403 an existing failed or nonconforming system can be upgraded with a Local Upgrade Approval if it meets the "maximum feasible compliance" standards of 15.404 and 15.405. Upgrades that can't meet those standards need a variance.
Selling or buying in a sewer area?
We can connect you with a provider for the Title 5 inspection or pumping that may still be needed. We are a free referral service, not a septic company; we work on matching you with an independent provider, who must hold the required town permit.
Call (508) 593-9460The Harwich sewer-area waiver form: what it asks for
- Property location and date of transfer; seller and buyer names, mailing addresses and attorneys (if any).
- Waiver type: Title Five Inspection or Septic System Upgrade.
- Which sewer connection phase the property is in (see the sewer connection guide and the town's phase map).
- Required with the application: $125 filing fee, a floor plan, and a letter to the Board explaining the request.
- A notarized statement signed by all parties indicating financial responsibility for the sewer connection. Seller and buyer each sign before a notary.
Conditions printed on the form: the timeframe for connection "shall comply with the original order letter to connect," and an "upgrade of the septic shall be required if it has been determined that it has become a threat to public health." The office section shows the Board can approve or deny, with a reason.
The Board of Health's October 20, 2026 agenda listed a work-session discussion of this waiver (agenda). Ask the Health Department whether anything changed before you rely on it.
Source: Town of Harwich Board of Health: Title Five Inspection or System Upgrade Waiver Form, Properties in Areas to Be Sewered. The form does not list a processing time, and we don't guess one.
How a Title 5 variance request works (310 CMR 15.411)
- In writing. The request must cite the specific Title 5 provision you want varied and include a statement showing you meet the 15.410 standard.
- Notify abutters. The application isn't complete until you notify all abutters by certified mail, at your expense, at least 10 days before the Board of Health meeting where it is on the agenda.
- Board decision in writing. Approvals and denials are written; a denial gives reasons. A variance is posted for 30 days after issue.
- Small residential: for a residence of four units or less, a variance request is deemed approved if the Board doesn't act within 45 days of a complete application.
- Emergency repairs may start before the variance; the owner must seek it within 14 days of starting.
In practice an engineer or designer usually prepares the plan and variance request. We are not engineers and can't tell you whether a variance is needed for your lot.
Source: 310 CMR 15.411: Process for Seeking a Variance from Local Approving Authorities (LII text); 310 CMR 15.410: Variances, Standard of Review (LII text). Harwich's own rules (including its Real Estate Transfer Regulation) apply on top of Title 5; see the Title 5 inspection page.
How Harwich Septic Help works
- Tell us what is going on. Use the short form: your town, the problem, and how urgent it is. It takes about a minute.
- We work on matching your request with one independent provider who serves your town and must hold that town's permit. In Harwich, septage haulers need a Board of Health permit and Title 5 inspectors must be on the town's approved list, so ask the provider to confirm they are on the current list.
- The provider contacts you directly, quotes the job and does the work. Price, scheduling and the work are between you and the provider. The referral is free to you; the provider may pay us a fee.
We are not a septic company, inspector or installer, we do not have an office you can visit, and we do not publish reviews or prices we cannot verify.
Request a call back from a local septic provider
Tell us your town and what is going on. We work on matching your request with an independent septic provider serving your area, who must hold the required town permit and contacts you directly. There is no charge to you for the referral.
Harwich Septic Help is a free referral service. We are not a septic company and do not pump, inspect, or repair systems. When you call or send a request, we work on matching you with an independent local septic provider, who must hold the required town permit and may pay us a referral fee. Prices, licensing, scheduling and work are between you and that provider.
Call-recording notice: Calls to our number may be recorded to route your request and for quality. A recorded greeting tells every caller this before the call is connected.
For a sewage backup, call instead of using the form: (508) 593-9460.
Thank you, your request was sent.
We are working on matching you with an independent septic provider serving your town, who must hold the required town permit. We have not yet confirmed a provider, so we cannot promise when or whether one will call.
Emergency (sewage backup or a septic alarm)? Don't wait for us. Call a licensed septic hauler now, from the Town of Harwich licensed septic hauler list. Stop using water and stay out of any sewage.
Harwich Septic Help is a free referral service, not a septic company.
Frequently asked questions
What is the Harwich Title 5 waiver for sewer areas?
It is a Harwich Board of Health form for properties in areas to be sewered. The buyer and seller acknowledge the system either hasn't been inspected or doesn't comply with Title 5 or Harwich rules (for example a cesspool or failed system) and, instead of paying to upgrade it, ask the Health Department for a waiver and agree to connect to municipal sewer once it is available.
What do I need to file the Harwich sewer-area waiver?
The form lists a $125 filing fee, a floor plan, and a letter to the Board explaining the request. It asks for the location, transfer date, seller and buyer details, which waiver (Title 5 inspection or septic system upgrade) and which sewer connection phase the property is in. It includes a notarized statement signed by the parties accepting financial responsibility for the sewer connection.
Is a waiver the same as a Title 5 variance?
No. A variance under 310 CMR 15.410 to 15.417 is relief from a specific Title 5 provision, granted by the Board of Health (or MassDEP) only when strict enforcement would be manifestly unjust and equivalent environmental protection can be achieved. The Harwich sewer-area waiver is a town form tied to a future sewer connection.
Can the Board still make me upgrade my septic?
Yes. The Harwich form states that an upgrade of the septic shall be required if it has been determined that the system has become a threat to public health, and the connection timeframe must follow the original order letter to connect.
Who decides?
The Harwich Board of Health / Health Department: 732 Main Street, Harwich, 508-430-7509, health@town.harwich.ma.us (as printed on the form). We can't tell you whether you'll be approved.
Sources
Facts on this page come from these official and public sources. Rules change; confirm with your local Board of Health.
- Town of Harwich Board of Health: Title Five Inspection or System Upgrade Waiver Form, Properties in Areas to Be Sewered
- 310 CMR 15.410: Variances, Standard of Review (LII text)
- 310 CMR 15.411: Process for Seeking a Variance from Local Approving Authorities (LII text)
- 310 CMR 15.403: Local Upgrade Approvals (LII text)
- Harwich Board of Health: meeting agenda, October 20, 2026 (rev. 10/15/2026)