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Getting Started: Summary of Bylaw and Regulatory Options for Stormwater and Low Impact Development

This workshop provides an overview of stormwater regulation, including direct and indirect regulatory options. Topics covered include stormwater bylaws, illicit discharge bylaws, erosion control bylaws, and more.

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Getting Started: Summary of Bylaw and Regulatory Options for Stormwater and Low Impact Development

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  1. Getting Started: Summary of Bylaw and Regulatory Options for Stormwater and Low Impact Development Lexington & Wakefield 1st Workshop - February 7, 2007 Wakefield Town Hall Slide show prepared by: Metropolitan Area Planning Council With funding provided by Massachusetts Office of Coastal Zone Management

  2. How is Stormwater Regulated? • Directly Regulated • MA Wetlands Protection Act, Stormwater Management Standards (Conservation Commission) • Indirectly Regulated • Zoning bylaw • Subdivision rules and regulations • Site plan guidelines • Board of Health Regulations

  3. Stormwater/LID Regulation New Approaches to Direct Regulation • Stormwater bylaws • Illicit discharge bylaw • Clearing and grading bylaw • Erosion control bylaw

  4. Stormwater/LID Regulation Stormwater Bylaws—The Basics • Establishes new Stormwater Authority • Establishes thresholds and submittal requirements • Establishes performance standards • Outlines review process • Establishes fines for noncompliance • Requires operations & maintenance plan

  5. Stormwater/LID Regulation Stormwater Bylaws—Optional • Credits for use of LID techniques • General permit for certain activities • Engineering review fees • Required surety bond • Stormwater enterprise fund, stormwater utility, or stormwater fees • Address illicit discharges, construction disturbance

  6. Stormwater Regulation • Performance Standards • Volume and rate controls • Recharge requirements • Treatment requirements • Illicit discharges prohibited • Erosion control requirements • Site design and landscaping standards • Redevelopment standards

  7. Stormwater Regulation Approaches to Stormwater/Erosion Control • Model Bylaws: • MA Smart Growth Tool Kit • Comprehensive Environmental Inc. • Topsfield: Stormwater and Erosion Control • Cohasset: Erosion Control and Stormwater • Salem: Stormwater • Framingham: Erosion Control

  8. MA Smart Growth Toolkit • Authority: • Planning Board or Conservation Commission • Threshold: • Disturbance of 5000 ft 2 or greater • Performance Standards: • MA Stormwater Policy • Other: • General permit for small projects; allows multiple board stormwater review

  9. CEI Model Authority: • Separate Stormwater Authority Threshold: • Disturbance greater than 40,000 ft2 or disturbance of 200 ft2 on areas with slopes greater than 15% Performance Standards: • Uses MA Stormwater Policy or locally created Design and Landscape Standards Other: • No SW permit until ConsComm and PB issue permitting decisions

  10. Topsfield Stormwater & Erosion Control • Authority: • Planning Board, but ConsComm reviews and conditions all wetland resource areas under Order of Conditions prior to SW Permit being issued by the Planning Board • Threshold: • Any alteration over 7500 Ft2 or over 4000 Ft2 on slopes more than 15 % with exemptions • Performance Standards: • MA Stormwater Standards

  11. Cohasset Draft • Authority: • New Stormwater Commission • Threshold: • All development, any increase in stormwater or impervious surface: no area threshold • Performance Standards: • MA Standards and local guidelines (TBD) • Other: • Simplified permit process for 1- or 2-family homes • Also prohibits illicit discharges

  12. Salem: Urban Model • Authority: • City Engineer is reviewing authority • Threshold: • All development, Minor Impact Permit for small projects • Performance Standards: • MA Standards and local guidelines • Other: • Accompanied by detailed guidebook, checklist, and submittal requirement list.

  13. Framingham: Erosion Control • Authority: • Planning Board (requires Special Permit for nonexempt activities) • Threshold: • Threshold: Land disturbance of at least 4000 ft 2 on slopes steeper than 15% • Performance Standards: • MA Standards and local guidelines • Other: • Erosion control only

  14. Review of Local Codes Do They Prohibit LID? Do they Promote LID? Do they Agree with Each Other? • Zoning Bylaw and Site Plan Review • Subdivision Rules and Regulations • Board of Health Regulations • Wetland Regulations • Building Codes

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