Not-In-Use Well Information Form FAQ

The status of a well is its operating status or condition. A well can have one of three statuses: in-use, not-in-use, or sealed. When a property is sold, the seller is required to disclose all wells on the property, including their location and status. The status of a well is important to the prospective property buyer so that they can determine whether a new well needs to be drilled or if one or more wells need to be brought into compliance with Minnesota Statutes, chapter 103I and/or Minnesota Rules, chapter 4725. Once a property transaction is completed, the new property owner takes over responsibility for all wells on the property, unless otherwise agreed upon or stated in writing in accordance with Minnesota Statutes, section 103I.205, subdivision 8. 

An in-use well is a well that operates on a daily, regular, or seasonal basis. An in-use well also includes a well that operates for the purpose of irrigation, fire protection, or emergency pumping on an as needed basis.

A not-in-use well does not meet the definition of in-use above or is otherwise disconnected from power or inoperable. The term not-in-use is synonymous with unused. A not-in-use well also includes wells that have been capped or improperly sealed.

A sealed well has been sealed by an MDH licensed well contractor in accordance with Minnesota Rules, chapter 4725 and MDH has received a Well and Boring Sealing Record signed by a representative of a licensed well contractor. 

• Request Well Record or Information (Sealing/Construction) form

Only an MDH licensed well contractor can seal a well. If a well has been improperly sealed, it is the responsibility of the property owner to have the well properly sealed by a licensed well contractor. 

• Licensed Well and Boring Contractor Directory - MN Dept. of Health (state.mn.us)

MDH only considers a well to be sealed if a Well and Boring Sealing Record, or Abandoned Well Record if sealed prior to 1993, is on file with MDH. 

• Request Well Record or Information (Sealing/Construction) form

The Well and Boring Sealing Record should be sent to MDH by the licensed well contractor after they seal the well. If MDH does not have the Well and Boring Sealing Record on file, contact the licensed well contractor that conducted the work. If the licensed well contactor does not have the Well and Boring Sealing Record or if the contractor no longer exists, contact MDH for next steps at health.wells@state.mn.us. 

A licensed well contractor should be hired to inspect the well to determine operability and connections. Based on this information, use the status definitions to determine the status of the well. 

• Licensed Well and Boring Contractor Directory - MN Dept. of Health (state.mn.us)

A not-in-use well must be sealed unless the property owner obtains a Water-Supply Well Maintenance Permit, or the well is put back into use. If the well has been improperly sealed then the well must be sealed by a licensed well contractor.

A Water-Supply Well Maintenance Permit can be obtained so that a not-in-use well can be kept. A Water-Supply Well Maintenance Permit must be applied for annually with a $175 fee until the well is sealed or put back into use.

A licensed well contractor must be hired to first inspect the well to determine it can be put back into use. If a well can be put back into use, a well contractor is required to conduct the necessary work. Additional contactors, such as plumbers or electricians, may also be necessary. This work may include installation of a well pump or pumping equipment, repairing of the well screen or casing, or establishing electrical or piping connections. Make sure to save all invoices, receipts, and other documentation describing the work completed.

• Licensed Well and Boring Contractor Directory - MN Dept. of Health (state.mn.us)

A directory of licensed well contractors can be found on the webpage below.

• Licensed Well and Boring Contractor Directory - MN Dept. of Health (state.mn.us)

If a well looks to be sealed but MDH does not have a Well and Boring Sealing Record or Abandoned Well Record, then the well was likely improperly sealed. The well might appear to be sealed with casing cut off at floor level and cement visible within the casing, but oftentimes a rag, newspaper, or other obstruction was forced a few inches or feet down the casing and the top plugged with cement, leaving the remainder of the casing open. 

• Request Well Record or Information (Sealing/Construction) form

If the well appears to be sealed, but a sealing record cannot be found, a licensed well contractor needs to inspect the well and verify whether it has been properly sealed. This procedure may involve drilling into the well to verify the integrity of the sealing material and to assure that the well was not simply plugged at the top.

If a well was improperly sealed, then the well must be properly sealed by a licensed well contractor.

• Licensed Well and Boring Contractor Directory - MN Dept. of Health (state.mn.us)

A capped well has a metal or plastic cap or cover that is threaded, bolted, or welded onto the top of the well to prevent entry into the well. 

A licensed well contractor will need to be hired to inspect the well and determine if the well was improperly sealed. 

• Licensed Well and Boring Contractor Directory - MN Dept. of Health (state.mn.us)

Please visit the webpage below.

• Financial Assistance for Home Water Treatment and Well Construction, Repair, and Sealing - MN Dept. of Health (state.mn.us)

If a well was removed or destroyed, contact a licensed well contractor to determine if the well can be properly sealed. If the contractor determines that the well can’t be properly sealed, MDH will determine what is necessary for the well.

If the well was buried or a has been built over, then the well must be sealed by a licensed contractor. A licensed well contractor should be hired to determine what is necessary. If you cannot locate the well, a licensed well contractor should be hired to conduct a well search. 

• Licensed Well and Boring Contractor Directory - MN Dept. of Health (state.mn.us)

If a Water-Supply Well Maintenance Permit is requested, MDH will send a permit application that must be completed by the property owner where the well is located. The applicant must provide property owner, well location, and well construction information, and submit photographs of the well for MDH review. The application must be submitted with the $175 fee and renewed annually, if approved, until the well is put back into an in-use status or is sealed. Water-Supply Well Maintenance permits are non-transferable. If ownership of the property changes, an application must be made for a new Water-Supply Well Maintenance Permit.

Minnesota Rules, part 4725.1848 states that a Water-Supply Well Maintenance Permit will only be granted for a well that is not-in-use or inoperable. Therefore, a Water-Supply Well Maintenance Permit will not be granted for a well that has been improperly sealed, where there is an immediate threat to public health or groundwater, or if it violates other conditions stipulated in statute or rule. 

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• Well Disclosure/Property Transfer - MN Dept. of Health (state.mn.us)
   

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• What You Should Know About Wells at Property Transfer - MN Dept. of Health (state.mn.us)