Storm
blows over
Lobbying groups help General Assembly change stormwater regulations
By Josh Spilker
A new form of the coastal
stormwater rules passed through the General Assembly
in mid-July. Senate bill 1967 and House bill 1938
was named “Improve Coastal Stormwater Management.”
State Senator Julia Boseman of New Hanover County
was the primary sponsor in the Senate and State House
Rep. Pryor Gibson was a co-sponsor.
The new version of the rules
modifies changes to the rule that were proposed by
Division of Water Quality earlier this year to protect
shellfishing waters.
The effective date for the
new rules were changed from Aug. 1 to Oct. 1, which
was a huge change according to Melanie Cook, of Coastal
Carolina Tomorrow.
“The effective date
in the current bill ... makes a huge difference. For
regulators that have to review new provisions, (they)
will be brought up to speed and trained,” Cook
said. “October is a great provision.”
Local groups were upset at
the way the Division of Environment and Natural Resources
(DIENR) and DWQ handled the legislative process.
“Because other than
possibly the good intentions behind the original legislation,
there were no other redeeming features. It was that
bad. ... This thing shouldn’t have been rewritten
at the General Assembly,” said Donna Girardot,
CEO of Business Alliance for a Sound Economy (BASE).
Major Changes:
• Less than an acre 10,000 sq. ft. “disturbance”
language changed to Built Upon Area; projects must
use Best Management Practice such as rain barrels
or pervious pavement within 1/2 mile of shellfishing
waters
• Treatment of 1.5
inches of storm-water per year in limited residential
project over 10,000 square feet
• Buffer exemptions
made for urban riverfronts, CAMA wetlands, upland
marinas and 30 foot buffer allowed for redevelopments
• 2 feet of separation
for infiltration process, not just naturally occurring
soil
• Grandfathering rules
defined
Sources: BASE press release,
GWBJ research, Senate Bill 1967
