Stormwater Management Regulations (TC-1-23)
Stormwater Management Regulations (TC-1-23)
TC-1-23 Stormwater Management Regulations: This text change proposes amending the City’s stormwater management regulations in compliance with the Neuse Nutrient Strategy Stormwater Rule and other state requirements. Read the full TC-1-23 draft ordinance and visit the Neuse Nutrient Rule Changes webpage for more information.
Background information:
In 1997 the state of North Carolina (State) developed the Neuse nutrient strategy, a set of rules designed to equitably regulate sources of nutrient pollution in the basin including wastewater, stormwater, and agricultural nutrient sources. The rules also protect riparian buffers and mandate training for professionals that apply fertilizer.
The Neuse nutrient strategy stormwater rule (Rule) limits nutrient runoff from new development projects and is implemented by local governments that are named in the Rule. The City of Raleigh (City) is named in the current Rule (15A NCAC 02B .0235) and has been implementing the Neuse nutrient strategy within the City’s ETJ since 2001.
The Environmental Management Commission (EMC) readopted the Rule with revisions (15A NCAC 02B .0711) which went into effect April 1, 2020. Subsequently, in February 2021, the State developed a revised New Development Model Program as a guide for the City to develop a “Neuse Local Program” plan and revise the City’s stormwater development regulations as outlined in Article 9.2 of the UDO as necessary to implement the new Rule.
In January 2022, City staff presented proposed changes to Article 9.2 (Stormwater Management) UDO to the Stormwater Management Advisory Commission and the Commission approved moving this item to the City Council for Text Change Authorization.
On September 8, 2022, the City’s Neuse Draft Local Program plan was approved by the EMC. Per a NCDEQ letter dated November 1, 2022, the City is required to adopt and implement the EMC approved Draft Local Program and update the UDO to incorporate the revisions in the new Rule by May 1, 2023.
Proposed Text Change:
Based on the new Rule and the State’s New Development Model Program the following UDO changes are proposed:
- Stormwater nutrient compliance calculations throughout the City of Raleigh will require use of SNAP Tool. NCDEQ will be releasing SNAP v4.2 in late March. The current version of the tool can be found on the DEQ Nutrient Practices and Crediting website under Stormwater Nutrient Accounting Tools.
- Stormwater control measure (SCM) designs will be required to use the current NCDEQ Stormwater Design Manual, which includes the Minimum Design Criteria (MDCs).
- Existing development will simply be excluded from the calculation, rather than using the apportioning method.
- The term Built Upon Area (BUA) will be incorporated into Article 9.2 of the UDO. It is synonymous with impervious area.
- Redefine redevelopment, development and expansion of development, existing development, owner just for use with Article 9.2.
- Add exemptions for single-family lots with less than 5% built-upon area.
- Add exemption for agriculture.
- For sites with over 24% Built Upon Area (BUA), a primary SCM will be required on-site before off-site credits can be purchased.
- The grandfathered lot provisions in UDO 9.2.2.A will only apply to lots that are not part of a common plan of development. This will put some small developments into traditional stormwater requirements (UDO 9.2.2.B through H).
- Add requirement for the stormwater control permit in Sec. 11.4.1 to be consistent with building permit and flood permit requirements.
Public Meeting Schedule: This text change is scheduled for the Planning Commission meeting in March. The Commission may act on that date or refer to their Text Change Committee for further discussion. We will be collecting comments here through March 8, 2023. Comments after this date should be submitted directly to Ben Brown via email.