Stormwater Regulations: Proposed Changes Provide Benefits

NELLYSFORD I am writing in response to last week's commentary by Dave Anderson concerning the upcoming changes to Virginia's Stormwater Regulations. Anderson's article included numerous er rors and misconceptions regarding the proposed regulations, which I would like to address.

As a licensed civil engineer myself, I have been involved with site development projects and the related infrastructure design for almost 25 years. I have also worked on a variety of environmental projects subject to state and federal regulations, so I am familiar with how the regulatory process usually works.

The development of the proposed stormwater regulations has been the most open and inclusive set of environmental regulations I have ever witnessed, incorporating input from those of us in the engineering community, as well as municipalities, developers, regulators, and others over the course of several years. There have been numerous design charrettes (co-sponsored by the American Society of Civil Engineers), informational meetings, and open encouragement by those developing the regulations for input over the past year, and many stakeholder concerns have been integrated into the regulations.

Anderson's commentary states that the benefits of the proposed regulations are "murky at best," which could not be further from the truth. There have been numerous detailed studies which clearly show that our current stormwater managements techniques are not providing adequate levels of pollutant removal.

In developing the proposed regulations, The Center for Watershed Protection has used the best science available to ensure reasonable levels of treatment for critical pollutants using viable and cost-effective methods. The goal was not to protect the Bay as much as possible, but to provide an adequate level of effective treatment considering the available techniques and associated costs.

There has been a great deal of complaining lately about the high cost of compliance with these regulations. The detailed study performed by Virginia Tech indicated that additional initial costs could range from zero to $6,000 per lot for a residential subdivision. Everyone wants to focus on that worst-case cost per lot, but this study shows that there will be subdivisions designed to meet these more stringent regulations for which there is no additional cost.

A wide variety of sites have been designed all over the country utilizing the same low-impact/sustainable design methods encouraged by these regulations for which there was actually a net savings as compared to conventional design, especially when higher property values (due to better site aesthetics and "green" amenities) are taken into account.

The additional costs to taxpayers that Anderson warns against (for required local stormwater utility fees) are costs that many local governments are considering imposing in order to maintain their existing infrastructure. The proposed regulations actually allow localities to receive stormwater fees from new development.

Currently, there is a significant cost to the average taxpayer (in the form of property taxes) as the result of development. This includes the costs of maintaining the existing stormwater infrastructure, corrective repairs to overloaded streams, and the environmental cost of reduced water quality and recreational opportunities due to higher runoff and related pollution. The proposed regulations come closer to having those who profit from development bear the actual costs of their actions, rather than passing them off to the community.

Finally, Anderson bemoans the lack of legislative authority held by the Soil and Water Conservation Board in developing these regulations. Those involved did not spend the huge amount of time and effort required to develop these regulations to satisfy some anti-development agenda. They were mandated by the Virginia legislature to address these issues years ago. The resulting regulations are well-balanced, reasonable, and cost-effective.

Unfortunately, it is easier to fight against change (even positive change) than to become more educated and dedicated to better design. I encourage those in the engineering and development community to seriously evaluate the benefits and true costs of these regulations before they fight against them.

The devastating impact of these new rules will not be to the economy or even to development in Virginia. It will be to the old methods of designing and developing sites. But with some hard work and creativity, these proposed regulations provide an opportunity for all Virginians to benefit.
Christopher E. Sonne is a licensed civil engineer with Civil & Environmental Services in Nelson County. Contact him at (434) 361-1443, and find out more at http://www.sustainable-sites.com.