New Stormwater Reqs Costly for Property Owners

New stormwater requirements will cost property owners hundreds of millions of dollars

The House Committee on Corrections and Institutions received a primer this week on the history behind the 3-acre general permit, which will impose enormous new compliance costs on property owners. The general permit went into effect on December 1, 2020 and applies to all landowners with three acres or more of impervious surface who were not permitted prior to 2002. Impervious surfaces include paved and unpaved roads, parking areas, roofs, driveways and walkways from which precipitation runs off rather than infiltrates. Runoff from developed lands contributes an estimated 18 percent of Vermont’s portion of Lake Champlain phosphorus pollution. The permit requirement affects nearly every sector of society, including state government, municipalities, developers, businesses, and homeowners.

700 projects affecting 8,000 landowners have been identified by the Department of Environmental Conservation as having three acres or more of impervious surface. The Department sent out letters to landowners on this list detailing requirements and next steps. Landowners have eighteen months to complete an engineering analysis to determine a “best-fit” stormwater system using modern practices to address runoff. It is likely to cost property owners hundreds of millions of dollars.

DEC has identified at least eight state-owned properties needing upgraded stormwater treatment systems at a cost of $6.6 million for design and construction. Unpaved parking lots in state parks that were not permitted prior to 2002 are an additional concern and will trigger the general permit. These projects will be funded through the Capital Bill.

Vermont’s 2015 Clean Water Act (Act 64) created the requirement for a general permit. Michael O’Grady, Legislative Counsel, recalled to the committee that when the act was debated there was vigorous discussion on whether state properties should be exempted. Equity considerations prevailed, he said, and Rep. Alice Emmons, D-Springfield added, “If you’re asking the public to do it, state government should do it.”

Original Article from jdsupra.com