Development and Stormwater:

1
Development and Stormwater Whats Downstream in
our Future?
May 22, 2002
2
Introductions

• Mike Hahn, P.E., P.H. - SEWRPC
• Karen Sands, AICP - MMSD
• Len Roecker, P.E. R.A. Smith Associates, Inc.
• Jeff Kenkel, P.E. National Survey Engineering
• A Division of R.A. Smith Associates,
  Inc.

3
Regulatory Framework for Stormwater Management

• MMSD Chapter 13 Rule
• Surface Water and Storm Water
• Proposed WDNR Chapter NR 151 Rule
• Runoff Management
• WDNR Chapter NR 216 Rule
• Storm Water Discharge Permits

4
MMSD Chapter 13 RuleSurface Water and Storm
Water

• Applicable within MMSD sewer service area
• Primarily addresses water quantity control
• Controls on two- and 100-year storms
• Intended to avoid increases in flood flows and
  preserve the integrity of MMSD flood control
  projects

5
Proposed WDNR Chapter NR 151 RuleRunoff
Management

• Approved by Natural Resources Board, but not yet
  by the Legislature
• Addresses water quality through agricultural and
  urban performance standards
• Requirements for construction sites, new
  development, redevelopment, and existing
  development

6
WDNR Chapter NR 216 Rule Storm Water Discharge
Permits

• Permit program required under the Federal Clean
  Water Act
• Administered by WDNR
•  
• Permits required for
•  
• Construction sites 
• Certain industries 
• Certain municipalities

7
MMSD Chapter 13 Rule Overview

• Purpose
• Genesis
• Rule basics
• Things local governments/developers must do to
  comply

8
Purpose of Rules

• Reduce floodings unsafe conditions, property
  damage, economic losses, adverse health effects
• Maximize flood abatement facilities watercourse
  improvements
• Reduce number/magnitude of sewage releases
• Promote comprehensive watershed planning
• Restore enhance use enjoyment of watercourses
• Protects MMSDs 300 million investment in
  flood management

9
Genesis of the Rules

• Reasons
• Devt significantly increases peak volumes
• Local stormwater rules are not uniformly
  effective
• Development Team (1 year)
• TAT (28 member communities)
• DNR
• Milwaukee County
• SEWRPC
• MMSD staff

10
Floodwater vs. Stormwater

• Floodwater Water out-of-bank
• Stormwater Water before it reaches a watercourse

11
Flood Management Rule

• Jurisdiction
• Additional jurisdiction
• Flood abatement projects

12
Stormwater Rule Applies Where

• New impervious surfaces ? 0.5 acre
• Ultimate sewer service area
• Development that receives approval on or after
  1/1/02

13
Stormwater Rule Doesnt Apply Where

• Riparian land
• Residential infill
• Minimal impervious area (lt 5)
• Development approved before 1/1/02
• Recreational trails

14
Stormwater Rule Requirements

• Manage the volume, timing, peak flow rate of
  runoff
• Follow order of preference
• Determine the degree of runoff management
  necessary

15
Stormwater Rule Order of Preference

• Preserve natural features
• Preserve existing drainage ways
• Minimize new impervious surfaces
• Convey stormwater in open vegetated swales
• Construct quality/quantity structures
• Construct quantity structures

16
Stormwater Rule Analyses

• Watershed analysis
• Individual development analysis
• Runoff rate targets
• Critical time analysis

17
Local Government Impacts

• Site development stormwater management plans w/in
  30 days of design decisions
• Site development plan requirements are included
  in the rule
• Annual reporting requirements

18
Additional Requirements

• New stormwater conveyance, upgrades, outfalls
  should prevent
• Reduction in flood level of protection
• Increase in the regional flood
• New guidance effective 7/1/02

19
Stormwater Rule

• Want to know more?
• 2 volume guidance manual
• http//www.mmsd.com/

20
Municipal Government PerspectiveNR 216 Permits

• Communities to identify pollutant sources (public
  and private)
• Requires comprehensive stormwater management plan
• Reduce pollutants 40 by 2003
• Many will need outside expertise to complete plan
• May result in large capital expenditures
• Public education component
• Development of dedicated revenue sources to fund
  projects in plan

21
Municipal Government PerspectiveNR 151 Rule and
MMSD Chptr 13

• Review local ordinances for peak flow and runoff
  management
• Provides more oversight of new development and
  re-development projects
• May result in increased staff commitment to
  administer
• Proposed infiltration standard may reduce amount
  of stormwater leaving sites
• May also reduce need for structural detention
  facilities
• Promotes greater green space ratios

22
Developers PerspectiveUnderstand Stormwater
Management (SWM)

• Understand concept need
• Many developments already consider SWM
• Residential
• Retail
• Mostly Ponds and Swales

23
Developers PerspectiveMake it an Asset

• Aesthetic Ponds
• Wetland Storage
• Different rules dictate size
• Different size dictates appearance

24
Developers PerspectiveTime Money

• Money
• Consumes valuable land
• Loss of saleable land means loss of revenue/ROI
• Increase land sale prices?
• Urban vs. rural development
• Big box vs. industrial parks vs. residential subs
• Redevelopment examples

25
Developers PerspectiveTime Money

• Time
• Numerous agencies regulating stormwater
• Overlapping regulations
• Governing authority
• MMSD, Local, DNR, DOC
• Sequential or simultaneous reviews?
• Hybrid ordinances

26
SummaryCan Government Help?

• TIFs already under fire for helping developers
• Understanding is key
• Without help, stormwater management regulations
  could possibly encourage sprawl and deter
  redevelopment, which is no ones objective.
• Rural / residential at one extreme
• Urban / retail development at the other extreme
• Many shades in between