Stormwater Regs: Changes Promise Murky Benefits, High Costs

Araging debate is going on (in case you hadn't heard) that has grabbed the attention of many of us across the commonwealth -- a debate brought on by government's insistence that it should lead the way in improving how we as a people live.

Interested parties have drawn lines in the sand with vastly different viewpoints over the proposed government plan. Some say our very health is at stake, while others argue that new rules will sink us economically.

By the way, I'm not talking about national health care.

Virginia's Stormwater Management Regulations are getting an extreme makeover. These regulatory amendments are aimed at curbing development runoff and reducing nutrients entering streams and, ultimately, the Chesapeake Bay.

The goal of enacting regulations that do everything possible to preserve and protect the Bay is a noble cause. For those who have read the proposed language, however, the benefits to the commonwealth become murky at best.

As a professional engineer in the development industry for more two decades, I have seen sprawl -- I have designed it -- and I know why it has been the choice of developers over the past 50 years.

The decades-old government mandates of separating land uses -- businesses from homes, homes from schools, schools from parks -- all were based on the notion that the automobile was the principal mode of transportation and would be evermore. Segregation of uses was thus thought to be a good thing. We went about building our cities, suburbs, and infrastructure accordingly.

We now see the error in that thinking. We recognize the serious hazards of continued sprawl, not only in water quality, but also in air quality, energy dependency, and other threats to human health. We know we must change how we develop our lands.

I am now a developer of smart growth and New Urban communities. We have spent years educating the public on why compact developments and connected communities are important to our future. Our goal is to create places with a lighter environmental footprint, reduced auto dependency, and a longer horizon of sustainability -- fighting sprawl by providing better alternatives.

Much has been made about the uncertain outcomes of the amendments to the stormwater management regulations -- but some outcomes won't be a mystery. The regulations will likely cost every Virginia taxpayer through local stormwater utility fees and other charges to pay for the costly bureaucracy.

As written, the regulations discourage redevelopment in urban settings. And while the intent of these regulations is to reduce sprawl, the effect of the current wording will be quite the opposite -- and this is where the real danger lies for Virginia.

The regulations cause those who want to create places of high-density to pay the most for their development. The disproportionate costs are much higher than can be passed on to tenants and buyers. And if developers cannot sell or lease their products, they will not build them. It's simple math.

Instead, what will be constructed are developments that are low-density enough to be deemed compliant by these new regulations. As an example, a developer who was once thinking of developing quarter-acre cluster lots will now choose to build three-acre "estate" lots, selling fewer lots but for higher prices, avoiding the expensive stormwater management costs in the process.

The result will be the worst kind of sprawl, requiring more roads, utilities, and maintenance of those facilities, all for fewer people in a developed area. Taxes for localities will fall further behind, not catch up, while every cost category will increase per capita. It is an equation that contributes to a dire financial future for our commonwealth and its citizens.

Another fundamental problem with the regulations, though receiving no real attention, is the fact that they will be passed without the vote of a single Virginia senator or delegate. The Soil and Water Conservation Board, an appointed body, will recommend these sweeping changes to our governor for his signature in October.

We as a commonwealth may want to look into that issue further, because the power placed in the lap of the SWCB in this case is enormous and will have an impact on every Virginia citizen. I personally favor laws that are voted on by those we vote in.

I credit the Department of Conservation and Recreation for continuing to meet with stakeholders over the past few weeks. Productive meetings are underway, perhaps for the first time in the already lengthy process, that include all the right people, sleeves rolled up, ready to work through the problems.

Unfortunately, the biggest problem now is time. It will take many more months and meetings to get to where the regulations are good for both the environment and the economy of Virginia. It remains to be seen whether Gov. Tim Kaine believes it is more important to sign the full measure, trumpeting an environmental victory for the Bay while ignoring the still-glaring shortcomings of the regulations.

The governor has a choice. Integral to these regulations is the creation of local government programs for administering stormwater. Gov. Kaine would be wise to adopt the local government program measures of the regulations now so that localities can begin the hard work of creating their program infrastructure and processes.

He should also demand that work continue (past his tenure) on the proposed technical requirements of the regulations that, without change, will ensure a future of sprawl and high taxes for this commonwealth.

We don't need President Obama to tell us that the Chesapeake Bay is a national treasure. Those of us privileged enough to live here already know that. Preserving that treasure is something that these regulations currently don't do.

Let's hope that the governor does not inadvertently wreck the economy of our commonwealth by enacting regulations whose good intentions are filled with all the wrong details.

Dave Anderson is a professional engineer and community developer. His company is developing Roseland in Chesterfield County. You can reach him at .