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Making Great Neighborhoods: Greening Stormwater Permits and Programs Congress for New Urbanism June 13, 2008 Lynn Richards U.S. Environmental Protection Agency Smart Growth Program
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Page 1: green streets_richards

Making Great Neighborhoods: Greening Stormwater Permits and

Programs

Congress for New UrbanismJune 13, 2008

Lynn RichardsU.S. Environmental Protection Agency

Smart Growth Program

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““Bad” ResponsesBad” Responses Same standards for greenfield development as redevelopmentSame standards for greenfield development as redevelopment

Can make it harder to redevelop, create dense urban areasCan make it harder to redevelop, create dense urban areas Especially problematic with very high green infrastructure standardsEspecially problematic with very high green infrastructure standards

Many SW requirements are trying to do two things: Many SW requirements are trying to do two things: Regulate stormwaterRegulate stormwater Fix past ills: retrofitting existing developmentFix past ills: retrofitting existing development

Newest standard that is emergingNewest standard that is emerging Pre = postPre = post What is “pre” for a parking lot?What is “pre” for a parking lot? Creates confusionCreates confusion

Stormwater requirements links to planning or other non-environmental Stormwater requirements links to planning or other non-environmental outcomes, like affordable housingoutcomes, like affordable housing

Where’s the water quality benefit?!Where’s the water quality benefit?! Cluster development- conservation sub divisionsCluster development- conservation sub divisions

Maybe a good option in some rural areas, but in general these subdivisions Maybe a good option in some rural areas, but in general these subdivisions still require significant off site impervious surfaces and significant drivingstill require significant off site impervious surfaces and significant driving

Requiring sidewalks on only one side of the roadRequiring sidewalks on only one side of the road

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Better ResponsesBetter Responses

Develop different standards for greenfield Develop different standards for greenfield development and redevelopmentdevelopment and redevelopment

Recognize land use strategies that have a Recognize land use strategies that have a *direct* water quality benefit*direct* water quality benefit

Differentiate between your stormwater standard Differentiate between your stormwater standard and a retrofit policyand a retrofit policy

Retrofit policy should include:Retrofit policy should include: RedevelopmentRedevelopment Parking lots and other large paved areasParking lots and other large paved areas Transportation network: streets and roadsTransportation network: streets and roads

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State General Stormwater Permit Proposed by West Virginia and Tennessee

Other states considering EPA is considering national rule making

All development must use green infrastructure approaches to manage stormwater on site.

Meet a numeric performance standard: 90 % of average annual storm event (WV = 1 inch)

For projects that cannot meet 100% of the requirement on-site, two alternatives are available: off-site mitigation and payment in lieu.

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Stormwater Credits The permit recognizes the water quality benefit of

some land use strategies A 10% reduction from the performance standard:

Redevelopment Brownfield redevelopment High Density (7 or more units per acre) Vertical density (18 or more units or 2.0 FAR) Mixed Use and Transit-Oriented Development

The largest reduction any one project could receive is 50%

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Apply the permit: Atlantic StationApply the permit: Atlantic Station

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Applying the permit: Atlantic StationApplying the permit: Atlantic Station Atlanta Station: Mixed use

brownfield redevelopment 139 acres Runoff generated: 6.7 million

cu/ft/yr Credits:

• Brownfield redevelopment (2 credits: 1 for redevelopment, 1 for brownfield)

• High and Vertical density (2 credits)

• Mixed use and TOD (1 credit) Permit would require 1/2” of

runoff to be managed Amount of runoff required to be

managed: 3.4 million cu/ft/yr Amount of runoff coming off the

site: 3.3 million cu/ft/yr

Cobb/Fulton: single use low density

1200 acres Runoff generated: 26.3 million

cu/ft/yr No credits available Permit would require 1” of runoff

to be managed Amount of runoff required to be

managed: 23.6 million cu/ft/yr

Amount of runoff coming off the site: 2.7 million cu/ft/year

Atlantic Station site produces approx 75% less stormwater

At the end of the year, both sites have approximately the same water quality impact

Because of the reduced SW management requirements, developer can save considerable

$ and land area

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To best protect water quality

Preserve: Protect and enhance natural features, such as undisturbed forests, meadows, wetlands, and other natural areas.

Recycle: Recycle land by directing development to already degraded land, e.g., parking lots, vacant buildings, abandoned malls.

Reduce: Reduce land consumption and development footprint by using land efficiently

Reuse: Capture and reuse stormwater by directing it back into the into the ground through infiltration, evapotranspiration, or reuse.

Preserve, Recycle, Reduce, Reuse

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How to Implement: EPA’s Water Quality Scorecard

Drivers of impervious cover at regional, neighborhood, site scales

Requires cooperation and conversation between numerous departments

Identifies 21 broad policy areas across 5 different municipal departments

More than 230 different policies, codes, or incentives a local government could implement

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4 Ways to Impact Change

Adopt Plans Remove Barriers Create Incentives Enact

Regulations

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1. Protect Natural Resources and Open Space

2. Promote Compact Development and Infill

3. Design Complete, Smart Streets that Reduce Imperviousness

4. Encourage Efficient Parking Supply

5. Green Infrastructure On Site

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5.AŃ Green Infrastructure Practices

Implementation Tools and Policies

Points

Adopt Plans/Educate: Inform the public, through education and outreach programs, that green

infrastructure practices can be used to manage stormwater runoff on their property. Create a training program for internal and external reviews to ensure that the

stakeholders that will be using this tool will have the ability to understand and use it effectively.

1 1

Remove Barriers: Development and other codes encourage and allow property owners to adopt

home-based green infrastructure practices, such as rain gardens, rain barrels and other rainwater harvesting practices.

Review and change, where necessary, building codes or other local regulations to

ensure that all local government departments/agencies have coordinated with one another to ensure that green infrastructure implementation is legal.

1 1

Adopt Incentives: Green infrastructure practices credited towards required controls for stormwater

runoff. Establish a ŅGreen TapeÓ expedited review program for applications that include

green infrastructure practices.

1 1

(1) Question: Are green infrastructure practices encouraged as legal and preferred for managing stormwater runoff? Goal: All types of green infrastructure are allowed and legal. Local government has removed all impediments to using green infrastructure (including for stormwater requirements), such as limits on infiltration in right-of-ways, permit challenges for green roofs, concerns about mosquitoes in rain barrels, safety issues with permeable pavements, and other such unnecessary barriers. Why: Green infrastructure approaches have been proven to be more effective and cost efficient than conventional stormwater management practices in many instances and provide other substantial community benefits.

Enact Regulations: Zoning and subdivision regulations specifically permit green infrastructure

facilities, including but not limited to: (1 point for each technique to a maximum of 4 points) --Green roofs; --Infiltration approaches, such as rain gardens, curb extensions, planter gardens,

1 to 4 points

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Thank You Lynn Richards,

EPA’s Smart Growth Program

202-566-2858

[email protected]