Lexington's New Irrigation Backflow Rule: What to Settle Before You List or Close

If your Lexington home has in-ground irrigation and gets its water from the Town, you now have a yearly obligation you didn't have last spring. The Town's new Cross-Connection Control Program requires a testable backflow device on irrigation lines that tie into a home's drinking water line. Every year, a state-certified tester has to test that device and send the report to the Town. Nothing in the program refers to a sale, a closing or a seller certificate. Its deadlines start when the Town sends a notice and again on each annual test date, so the obligation stays with the property whoever owns it.

That's why a sale is where the program causes trouble. A notice can arrive in the middle of a contract, a device the previous owner treated as grandfathered may no longer qualify, and a test date can fall in the first month after closing.

Where the vote stands this week

Town Council approved the Cross-Connection Control Program 7–0 at its September 8, 2026 meeting. It also passed first reading of the ordinance changes that put the program into effect, also 7–0. The public hearing and final reading are on the agenda for Monday, October 5, 2026. As of today, the effective date hasn't been published.

Council didn't rush it. At the July 6 meeting, members asked how many households would be affected, what it would cost and what happens to owners who don't comply, and then tabled the program 7–0 to talk it over again. Mayor Livingston said Council wanted to fully understand the program before adopting requirements that could add costs for residents. Staff explained that the program is required under federal and state drinking water rules, including South Carolina Department of Environmental Services requirements.

The state already requires every public water system to keep a written cross-connection program and records of every backflow assembly and its test results. For low-hazard irrigation, the state minimum is a residential dual check. When a water system makes a testable assembly its minimum for irrigation, the state leaves it to that system's policy to set the testing schedule. Lexington chose a testable DCVA and set the schedule at once a year. Choosing a testable device is what creates the yearly paperwork that a buyer takes on.

Who the rule covers

According to staff, the program covers irrigation systems that meet the state's minimum requirements, and it doesn't apply to residential swimming pools. It applies to Town of Lexington water customers. Our research couldn't confirm exactly which subdivisions the Town's water system serves, so start with the water bill. If the Town of Lexington sends it, this program applies to you.

The program text in the Town's August 17 agenda packet, labeled "Last updated: July 2026," sorts homes into a few situations:

The third row is the one that catches sellers. An older device on the irrigation line may look like protection, but if it isn't a testable DCVA, the program treats it the same as having no device. The program also doesn't say where the device goes when irrigation has its own separate meter, so owners with that setup should ask the Utilities Department directly.

Deadlines start with the Town's notice

For a home that needs a new device, every deadline counts from the date the Town notifies the owner:

1. Within 15 business days of notice, the owner gives the Town an installation date or asks the Town to schedule the work.
2. Within two months of notice, installation must be finished.
3. If no date is given within 15 business days, a non-compliance notice goes to the house with a seven-day window to comply, and water service can be shut off the following week.
4. Once installed, a new DCVA has to be tested before it's used, and the first test report is due within ten days of the device going into service.

Most South Carolina contracts run on a schedule of several weeks, which fits easily inside a two-month installation window. If a notice arrives after the inspection period, the 15-day reply and the installation may fall to the seller, the buyer or both. Agree on who handles it in writing instead of leaving it to whoever is living in the house when the deadline arrives.

Owners who want to appeal can ask for a courtesy visit from the Utility Director or Superintendent to go over the requirement and the ways to comply. At the July meeting, staff also said owners would have a chance to appeal before any water shutoff.

The bill can outlast the owner

Staff estimated installation at about $600 on average. That figure covers installing the device, not the yearly test, and our research didn't find a published local price for the annual test. Owners can hire any installer they like and shop around for price. Only the person testing the device has to be certified.

Owners who ask the Town to arrange the work get a competitively bid price, billed one of three ways:

• One invoice, paid in full
• Total cost plus 3%, billed over six months
• Total cost plus 6%, billed over 12 months

The program says both installment plans are invoiced separately from the monthly utility bill. It doesn't say what happens to an unpaid balance when the house sells. A seller who is four months into a 12-month plan should ask the Town how the remaining balance is handled and settle it before closing. A buyer should ask whether any balance exists.

According to the June 15 work-session minutes, the Town wasn't proposing a monthly fee to administer testing. After installation, the ongoing cost is the annual test plus any repairs.

The annual test is the buyer's job after closing

The program makes the property owner responsible for testing, repairing and replacing the DCVA, and every device has to be tested once a year by a state-certified tester. SCDES keeps the list of approved testers on its cross-connection control and backflow prevention page.

The Town tracks every device in a program database and sends a courtesy reminder about 30 days before each annual due date. Test reports go to Mary Peterson at [email protected] or by mail to 111 Maiden Lane, and she can be reached at 803-951-4651. The reminder goes to whoever is on the account. If a buyer's contact details aren't on file when the due date arrives, the first sign of a missed test may be a non-compliance notice.

Missing a test has consequences. If the report doesn't arrive within ten business days of the due date, the Town sends a non-compliance notice with a 14-day grace period, and water can be shut off the following week. If the Town shuts off the water, it bills the account for its enforcement costs, including staff hours, fuel and vehicle use. Service can come back before the invoice is paid if a certified tester calls the Town with a scheduled test date. A device that fails its test has to be repaired or replaced and retested, and the passing report is due within 30 days of the failure.

What to settle at each stage

Before listing: Check whether the irrigation line has a device and whether it's a testable DCVA. Find any Town notice and any test reports you have. If you're on an installment plan, ask the Town about the remaining balance. If the home has a private well connected to the plumbing, find out whether the high-hazard requirement applies.

During inspection: Buyers can ask for the device type, the date of the last passing test, the tester's name, and whether the Town has sent any notice about the property. Have the irrigation and plumbing inspection confirm what's actually installed at the meter.

Before closing: Put the account in the new owner's name with current contact information so the annual reminder reaches the right person. Agree in writing on who handles any open notice and who pays for it.

None of this is legal advice, and the final ordinance may change details once Council acts on October 5. The Town's Agenda Center posts the minutes and action items after each meeting.

Quick answers

Does selling my home trigger a backflow inspection? The program text doesn't include any point-of-sale test or certificate. Its deadlines start with a Town notice and each annual test date.

Do pools count? Staff told Council the program doesn't affect residential swimming pools.

Does my installer need a certification? According to the July 6 minutes, installers don't need to be certified, but the tester does. That replaces an earlier statement in the June work session that installers would need a state certification.

If you're getting ready to sell a Lexington home with irrigation, Mackenzie Robertson can help you sort out the backflow paperwork before it reaches a buyer's inspector, so the device, the test record and any open notice are already handled when you list. Schedule a free consultation, and we'll go through it together.