Erosion and Erosion and Sedimentation Sedimentation

ControlControl

Local Environmental Law

April 20,2004

Michelle McCarthy

Kelly Coleman

Erosion and Sedimentation Control Laws

Purposes: Protect water quality Reduce hazard risk Natural resource protection

(ie. topsoil)

Public welfare and safety Comply with state and federal laws

Categories of Laws

1. Construction

2. Agriculture

3. Other– Streamside overlays– Land clearing ordinances

1. ConstructionWHY? Generally proven to be the largest source

of sedimentation and erosionHOW? Through erosion and sediment control

plan requirements By defining BMPs By defining acceptable levels of erosion By tailoring requirements to the scale of

development

2. Agriculture

WHY? Largest unregulated sources of

sediment and erosion Regulates uses not otherwise regulated

Agriculture is rarely regulated locally.

Agriculture: Sonoma County Vineyard Erosion and Sediment Control

Ordinance

Because state protection (via CEQA) of oak woodland habitat was inconsistent.

Because erosion from the rapid development of vineyards was a leading cause of sedimentation.

Because citizens and lawmakers were concerned.

Sonoma, cont.

What does it do? Regulates new vineyards and replacement

plantings Lists specifications for certified erosion

and sedimentation control plans Differentiates requirements for 7 types of

erodable soils Specifies stream side setbacks

Agriculture: Brown County Agricultural Shoreland Management

Ordinance

Because state laws requiring streamside conservation measures were being relaxed

Wanted a way to maintain streamside protection on farmland

Brown County, cont.

What does it do? Requires a 20 foot vegetative buffer

along waterways Requires additional buffers of up to

300 feet on perennial and intermittent streams

Limits agricultural practices within buffer (tilling, etc.)

3. Other laws:Streamside Overlays and

Land Clearing Ordinances Regulates otherwise uncontrolled

land use Regulates land use within buffers

– Construction– Impervious surfaces– Agricultural uses– Vegetation removal and may require

native vegetation requirements

Sample Law: Single-Family Residential Drainage,

Erosion and Sediment Control Requirements, Douglas County, CO

Awarded the International Erosion Control Association (IECA)'s Environmental Achievement Grand Award in 2004

Developed with community and builder/developer participation

Updated in 2000

The lawRequires: Sediment and erosion control

plans for single family units Development meet pervious

and non-pervious final grades Permanent BMPs before

Certificate of Occupancy will be issued

Also Shares responsibility across

developers Applies to idle lots

How come it is unique?

Stricter BMP requirements than other laws– During construction – Post-construction

Ahead of its time (already meets NPDES Phase II requirements)

Has building community’s support

Change Agents

County commissioners were getting complaints: “there is mud in the streets, there are drainage problems, etc.”

Staff knew Phase II was coming down the line – wanted to create an ordinance that could handle “whatever they hit us with”

Very Effective

Upwards of 70-75% reductions of sedimentation and erosion as a result

Streets noticeable cleaner, wetlands in good health etc.

Education – Over 100 classes for builders

Enforcement – 3267 site visits in 2003– About 2700 site visits already this year

General Observations

Overlaps with other environmental law topics – Stormwater Ordinances– Other natural resources (coastal bluffs,

shorelines, sensitive areas)

Many towns follow state model ordinances (ie. CT, RI, GA, VA, NJ)

Change Agents Erosion and sedimentation problems

(Sonoma Co, Douglas Co, Barberton)

Concern about development in environmentally sensitive areas

(WA, Colorado Springs, CA)

Change in federal or state regulation (Brown Co, Douglas Co)

Citizen awareness of the environmental issues (Sonoma Co, Douglas Co)

Research Methods

Researched model ordinances (EPA, TWEN, etc.)

Researched via internet E-mailed erosion and sediment

control professionals Researched leads

Final Thoughts

Enforcement is key to success Education of stakeholders

(developers, farmers, citizens, etc.) Phase II requirements will act as an

agent of change Laws a response to increased

understanding of erosion and sedimentation processes and effects