U.S. Great Lakes Basin Update
The State of Stormwater
By Gary Belan, American Rivers
Looking at stormwater from a national
level is difficult, particularly since it is a
highly localized issue. Stormwater
sources, impacts and management all
generally occur at the neighborhood,
town and regional levels. However,
there are a variety of localized issues that
will have a significant national impact on
the way that stormwater is managed.
The most significant is the state of New
Jersey’s enactment of the strongest
stormwater management plan in the
country.
A highlight of New Jersey’s management
plan is the requirement that all Municipal
Separate Storm Sewer Systems (MS4’s)
obtain permit coverage and establish
stormwater management programs.
Additionally, all projects must be
designed with stormwater management
measures so that the post-construction
peak runoff rates for two, 10 and 100-year
storm events are 50, 75 and 80 percent,
respectively, of the pre-construction peak
runoff rates. One of the most beneficial
and controversial aspects of the plan is
the requirement of a 300 foot no-development
buffer along ‘Category One’, or
‘pristine’,waterways.
The buffer mandate was challenged by
the New Jersey Builders Association, but
was upheld April 12th, 2006 by the state
appeals court on the grounds that the
state Department of Environmental
Protection has broad legal authority to
manage stormwater. Not only is this
victory a tremendous success for water
quality in New Jersey, but it has national
implications as well. New Jersey’s
stormwater management plan should
be seen as a model that can be applied
in other states looking to protect
their waterways from development.
New Jersey’s creation of the plan
and affirmation of the plan’s legality
by the state appeals court is an
acknowledgement of the link between
traditional development and stream
and water quality, and proves that
this concept can be promoted and established
on a state level.
While New Jersey has implemented
possibly the strongest management plan
in the country, it shouldn’t be lost that
other areas around the country are
starting to take stormwater, and its links
to development, seriously. Portland,
Oregon has instituted a very progressive
policy to limit sprawl and improve
stormwater in the city. Philadelphia,
Pennsylvania recently revised their
stormwater management, gearing it
toward urban development and redevelopment
by recognizing site constraints,
urban soil properties, and infrastructure
conditions.
There have been attempts to implement
better stormwater laws, management
and funding at a truly national level.
Unfortunately, as close as we have come,
progressive national stormwater legislation,
has yet to make it all the way
through Congress. More positively, the
U.S. Green Building Council, along with
the Congress for the New Urbanism and
the Natural Resources Defense Council
have come together to develop a
national rating system for neighborhood
development with a strong emphasis on
stormwater. Full implementation and
results from these ratings are still a
couple of years away.
But despite the seemingly glacial pace
things are taking here in Washington
D.C., various local and state-wide governments
and organizations, like in New
Jersey, have worked together to develop
their own innovative stormwater plans,
and by doing so they are setting examples
that are fast becoming national
standards.
For more information:
Gary Belan, American Rivers
PH: (202) 347.7550 x 3027
F: (202) 347.9242
E-mail: gbelan@americanrivers.org
Disclaimer:
The interpretations and conclusions presented in this newsletter represent the opinions of the individual authors. They in no way represent the views of the Tip of the Mitt Watershed Council, the C.S. Mott Foundation, subscribers, donors, or any organization mentioned in this publication.
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