Under their zoning and police powers, counties may adopt ordinances regulating placement and testing of domestic water wells. However, counties cannot regulate construction of domestic wells because that authority rests with the State Engineer through his regulation of well-drillers. The area has experienced substantial recent growth and development, raising concern about contamination of groundwater from septic tanks and other sources. The County Board of Commissioners would like to issue ordinances to regulate placement, construction, and testing of domestic wells in an effort to prevent such contamination and protect water quality.
Counties are political subdivisions of the state.
State ex rel. They possess only those powers which the Legislature has expressly granted to them. Id. at 84-85, Schweiss v. First Judicial Dist. A board of county commissioners is regarded as an inferior tribunal of special and limited jurisdiction and can perform only those acts expressly granted by statute. Therefore, the appropriate legal analysis is whether such ordinances are statutorily authorized.