MassDEP Proposes Regulatory Changes Relating to Stormwater Management Standards
Beveridge & Diamond, P.C., April 2007
MassDEP has proposed modifying and incorporating into regulation the best management practices for stormwater that must be implemented under certain orders of conditions issued under the state Wetlands Protection Act and certain water quality certifications issued under the state Clean Waters Act. In addition, MassDEP has proposed limited modifications to the regulations implementing the Wetlands Protection Act. To view the public hearing draft of this proposal, please click here.1
Regulations implementing the Wetlands Protection Act and the Clean Waters Act currently require that certain orders of conditions and water quality certifications mandate implementation of the Stormwater Management Standards (Standards) published in MassDEP’s Stormwater Policy. MassDEP proposes to incorporate these Standards into these regulations.
At the same time, MassDEP proposes to modify and clarify the Standards. According to MassDEP, these changes are intended to promote increased stormwater recharge, encourage low-impact development techniques, remove illicit discharges to stormwater management systems, and improve operation and maintenance of best management practices. At some later date, MassDEP also will issue a revised Massachusetts Stormwater Handbook to provide guidance on the Standards.
In addition, MassDEP is proposing limited amendments to the regulations implementing the Wetlands Protection Act. In particular, MassDEP’s proposal includes:
- An exemption from activities subject to regulation for maintenance, repair and replacement of existing, lawfully-located structures used to provide electric, gas, water, telephone, telegraph and other communication services to the public;
- A provision that operation of a stormwater management system created after the effective date of proposed regulations does not itself create additional areas subject to protection under the Wetlands Protection Act, or additional buffer area;
- An exemption from the requirement to file a Notice of Intent for maintenance activity on a stormwater management system constructed in accordance with the Standards after 1996;
- A provision streamlining permitting of changes to a stormwater management system, or changes to a site that may increase the amount of stormwater managed by that system, if the system was constructed after the effective date of the proposed regulations and in accordance with the Standards and other requirements; and
- A clarification that notice to abutters under the Wetlands Protection Act must be in writing and may be delivered by hand in addition to certified mail, return receipt requested or certificate of mailing.
The public comment period for these rules runs through May 14, 2007. Public meetings will be held throughout the state during the first week of May 2007.
For further information, please contact Jeanine Grachuk at jgrachuk@bdlaw.com, or Stephen Richmond at srichmond@bdlaw.com.
