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Low Impact Development - Regulatory Update
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Low
Impact Development (LID) practices are being evaluated and developed
at various governmental levels and localities. Much work is
still required to reduce the failure rate of some practices
(particularly in lower permeability soil types), develop standardized
computational methods, develop data on maintenance costs and
requirements, assess long-term effectiveness and measure how
effective these practices are in terms of quality control, volume
control, and peak flow rate (quantity) control. Non-structural
LID practices, such as reduced pavement widths, "tighter" lot
configurations and reduced building setbacks will require other
ordinance changes. In the meantime, here is the latest on regulatory
activities affecting LID implementation in the area: Virginia
Low Impact Development Workgroup
An ad hoc workgroup, comprised of representatives from local,
state and federal agencies as well as engineering and environmental
consultants and industry and environmental
organizations, sent a letter
to DCR, along with the framework of a DCR
Technical Bulletin (which still needs design examples and
computational methods), and a model
ordinance (many localities would be better served by adjusting
current ordinance in lieu of creating regulatory overlap) on
February 9, 2004. Fairfax County Department of Public
Works and Environmental Services (DPWES)
DPWES has engaged a contractor to assist in developing LID practices
to be incorporated in its Public Facilities Manual (PFM). It
is working with a stakeholder's group to discuss the resulting
25 practices and case studies; from which six practices will
be selected for inclusion in the PFM. Fact sheets on these practices
and case studies are available at: http://www.lowimpactdevelopment.org/fairfax.htm.
Corps of Engineers
On December 17, 2004, the Norfolk District
sent a response
letter to those parties who submitted comments on its July
22, 2004 public
notice. The notice proposed requiring the Corps LID site
design checklist and runoff calculations worksheet be used in
the project design process for prospective commercial and mixed-use
developments that require a Corps permit and propose impacts
to greater than ½ acre of nontidal wetlands or 300 linear feet
of stream. The District also proposed to require that the completed
worksheet be submitted with permit applications for the aforementioned
developments so they know how LID was considered in the development
of project plans. This information will be used to evaluate
whether or not all appropriate and practicable measures to avoid
and minimize impacts to waters and wetlands have been incorporated
into project plans. The Corps' December 17, 2004 letter
included a revised Site
Design Checklist and LID Calculations Worksheet (also dated
December, 2004), which incorporated an introduction that explains
how the Corps would consider such practices and refined the
design checklist and worksheet based on the public comments.
In January, 2005, the Northern
Virginia Building Industry Association (NVBIA) and the National
Association of Industrial and Office Properties (NAIOP)
responded with further comments on the revised checklist.
Prince William County
On March 2, 2005 the Prince William County Planning Commission
held a workshop
to learn more about LID. Several demonstration projects have
been built, or are underway, in the County. Staff is evaluating
and meeting with other localities to determine what changes
in its Design and Construction Standards Manual (DCSM) are necessary
to assure successful implementation on sites where LID is appropriate
without requiring wholesale waivers of current requirements.
Loudoun County
The Loudoun County Facilities Standards Manual (FSM) changes
proposed by the committee formed by the BOS recommended to the
Planning Commission on February 28 (further discussion on March
14, 2005) that the language be changed to recommend, but not
require, LID for drainage and SWM designs. Due to the unproven
nature of the LID in many of the soil types found in Loudoun
County there appears to be strong support to no longer require
LID techniques at this time. For further information on
local LID developments contact Bill
Nell, P.E., Frank
Graziano, P.E., or Mike
Rolband, P.E., P.W.S., P.W.D. |
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