New LID Requirements for Rhode Island: Moving Beyond Encouragement

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1 New LID Requirements for Rhode Island: Moving Beyond Encouragement Session 53 Regulations & Code II 2011 Low Impact Development Symposium Loews Hotel, Philadelphia, Pennsylvania September 27, 2011 Michelle West, P.E

2 LID Timeline Mid-1980s in Prince George's County, Maryland Interest in LID has spread throughout the U.S. Many states/municipalities have begun to actively encourage LID: stormwater credits developer incentives awards and recognition trainings and demonstrations

3 LID in New England Stormwater Manuals RI 1993, no LID VT 2002, Voluntary LID Credits CT 2004, Ch 4 Site Planning/Design ME 2006, Vol 1: Ch 3 & Vol 3: Ch 10 MA 2008, Vol 2: Ch 1 Site Planning & Voluntary LID Credits NH 2008, Proposed Antidegradation Reqts & Vol 2: Ch 4.1 LID Practices 10% EIC, 65% UDC OR pollutant loading calcs

4 Grants and Demonstration Projects Jordan Cove 319 Grant Project in Waterford, CT Study began in 1995 Traditional Subdivision Monitoring took place for 10 years UNH Stormwater Center founded in 2004 LID Subdivision

5 Where do we go from here? 25 years later, LID is still not widespread in New England Is it time to get tough?

6 Rhode Island 1993 SW Manual Peak rate attenuation (2 & 25 year storms, often 100 yr as well) 80% TSS Removal Rate for 1 runoff Additional controls for impaired waters, drinking supply reservoirs, etc. Acceptable Water Quality BMPs Wet Ponds Extended Detention Ponds Infiltration Practices

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8 1993 Manual Revisions The Smart Development for a Cleaner Bay Act of 2007 required Department of Environmental Management (DEM) and Coastal Resources Management Council (CRMC) to amend the 1993 Stormwater Design and Installation Standards Manual to: Use LID techniques as the primary method of stormwater control to the maximum extent practicable.

9 DEM CRMC Project Team Revised Rhode Island Stormwater Manual o Horsley Witten Group o UNHSC o Loon Environmental

10 Minimum Standard 1 LID Site Planning and Design Strategies First of 11 standards Required to the maximum extent practicable Site planning and design objectives that fall into the 3 main categories (ARM) Based on documentation of efforts Checklist in Appendix A

11 Avoid the Impacts Preservation of Undisturbed Areas Preservation of Buffers and Floodplains Minimized Clearing and Grading Locating Sites in Less Sensitive Areas Compact Development Work with Natural Landscape Conditions, Hydrology and Soils

12 Reduce the Impacts Reduction of Impervious Cover Roadway Area Sidewalk Area Driveway Area Cul-de-Sac Area Building Footprint Parking Lot Area

13 Manage the Impacts at the Source Disconnecting Impervious Area Runoff Mitigation at Source Stream/Wetland Restoration Reforestation Source Control

14 LID Stormwater Credits LID Site Design Credit: Disconnected Rooftop Runoff Disconnected Non-Rooftop Runoff Used to reduce/eliminate rqmts Direct runoff over qualifying pervious areas

15 Outreach and Feedback Several meetings with the Planning Community, Department of Transportation, and Rhode Island Builder s Association (RIBA) during manual development Many concerns were raised about LID requirement Language in Checklist was very important

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18 Who Needs to Meet New Requirements? Applicants that need permits from the following programs: Fresh Water Wetlands (FWW) Water Quality Certification (WQC) Underground Injection Control (UIC) Coastal Resources Management Council (CRMC) Rhode Island Pollutant Discharge Elimination System (RIPDES) Basically, everyone

19 What about the Local Codes? Most municipalities and large operators of stormwater systems (e.g., RIDOT) are regulated under the RIPDES MS4 program MS4s must require that local permit applicants adhere to the manual Most will need to review existing codes and ordinances to enable LID Barriers Gaps Opportunities

20 LID Site Planning and Design Guidance Manual

21 Guidance Manual Topics Conservation Development Riparian Buffer Standards Site Clearing and Grading Standards LID Roadway Design LID Parking Guidance LID and Compact Development LID Landscaping Impervious Cover Ordinance ESC Ordinance Review and Inspection Fees Stormwater Utility Districts

22 Moving Forward Local municipal codes need to be updated Regulatory agencies to phase in compliance over time list for updates Continued training and education Form advisory work group Agency staff Affected stakeholders Address LID review consistency and associated issues

23 Lessons Learned Change is hard. And slow. Specific language is important get feedback from affected stakeholders to increase buy-in Regulating LID is a continuous effort To truly change the development process, need to require LID at state AND local levels

24 Questions?