Well Disclosure and Property Transfers
Well disclosure is the process by which the seller of property provides information to the buyer and the state about the location and status of all wells on the property. This process is required by state law, a portion of the Ground Water Protection Act (Minnesota Statutes, section 103I.235). The law applies to all types of wells, including wells used for drinking water, irrigation, livestock, commercial or industrial processing, heating or cooling, or monitoring. These wells include drive-point (sand-point) wells, drilled wells, and dug wells.
- Minnesota Statewide statute: Real Property Sale; Disclosure of Location of Wells Minnesota Statutes, section 103I.235.
- Additional requirement for Well Disclosure in Washington County Minnesota Statutes, section 103I.236.
Real estate professionals
For more information on private wells at property transfer, including a link to our online 2 hour CEU course, please visit the page below.
- e-Well Disclosure County Login
- e-Well Disclosure Filer Login
- e-Well Disclosure Certificate Process from Filer to County to Minnesota Department of Health (PDF)
- e-Well Disclosure Certificate County Recorder Instructions (PDF)
- e-Well Disclosure Certificate Filer Instruction (PDF)
- What You Need Before You Begin (PDF)
- Well Disclosure Certificate Search allows you to search for previously filed well disclosure certificates from previous property transfers. Available for look-up on the Minnesota Department of Health (MDH) Well Management Section website.
The Minnesota Well Index (MWI) is an online database that provides basic information about wells and borings and certain records. Users may retrieve this information using an interactive map or text search.
Safe At Home is a statewide address confidentiality program administered by the Office of the Minnesota Secretary of State. It is designed to help survivors of domestic violence, sexual assault, stalking, or others who fear for their safety maintain a confidential address. It was established by Minnesota state law.
- Minnesota Statutes, chapter 5B, Data Protection For Victims of Violence
- Minnesota Statutes, section 13.045
- Minnesota Rules, chapter 8290
Safe at Home Participant
The participant must provide the well disclosure certificate, with an attached copy of the Notice to Government Entity provided by the Secretary of State's office, to the title company or agency handling the closing, not because the title company or agency handling the closing is a government entity, but because the party handling the closing will forward the well disclosure certificate and the Notice to Government Entity to the county recorder’s office who will then forward the documents to the Minnesota Department of Health (MDH). Before forwarding the well disclosure certificate and the Notice to Government Entity to the county recorder’s office, the title company or agency handling the closing must obtain signed consent from the Safe at Home participant to share documents with the county recorder’s office.
Well Disclosure Certificate Filer
Well disclosure filers are typically a title company or law firm. At the present time, electronic filing of the well disclosure certificate (e-Well Disclosure Certificate) is not set up to accommodate private or confidential information. The "paper" version of the well disclosure certificate must be used for buyers/property owners identified in the Safe at Home Program. The Well Disclosure Certificate along with the Notice to Government Entity, Safe at Home form, must be provided to the county recorder's office at the time the deed is recorded.
The county recorder shall obtain signed consent from the Safe at Home participant to forward the well disclosure certificate and the Notice to Government Entity to MDH. Safe at Home Program documents should be separate from all other well disclosure certificate mailings. Mail the "paper" well disclosure certificate along with the appropriate Safe at Home forms in an envelope marked confidential to:
Well Disclosure Program - CONFIDENTIAL
Minnesota Department of Health
Well Management Section
P.O. Box 64975
St. Paul, MN 55164-0975
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