Leveraging Stormwater Credit Policies for Regulatory Stormwater Compliance

December 11, 2024

Municipalities across the country are facing increased challenges in managing stormwater runoff and adhering to evolving regulatory requirements. As urban expansion and shifting climate patterns have intensified, the need for innovative approaches to stormwater management has never been more critical. As traditional approaches struggle to keep pace, innovative solutions are becoming increasingly vital. Stormwater credit policies have emerged as a powerful tool, offering municipalities a strategic approach to address these pressing issues.

The Dual Challenge: MS4 Permits and TMDLs
Communities operating under a National Pollutant Discharge Elimination System (NPDES) are required to obtain Municipal Separate Storm Sewer System (MS4) permits. These permits mandate a focus on six minimum control measures, which include:

  • Public Education and Outreach
  • Construction Site Erosion Control
  • Public Participation and Involvement
  • Post Construction Stormwater Management
  • Illicit Discharge Detection and Elimination
  • Pollution Prevention and Good Housekeeping

Simultaneously, many water bodies are subject to Total Maximum Daily Loads (TMDLs), which set limits on pollutants entering impaired waters. Municipalities must often reduce pollutant loads from stormwater sources to meet these TMDL requirements.

Stormwater Credit Policies: A Win-Win Solution
Implementing innovative tools such as a stormwater credit policy can help municipalities address both MS4 and TMDL compliance while engaging property owners in the solution. Here are a few areas they can help:

  1. Incentivizing Infrastructure Investment: By providing credits on stormwater fees, municipalities can incentivize property owners to implement infrastructure that exceeds basic compliance requirements. These enhanced features not only help reduce runoff volume but also improve water quality, making a direct contribution to achieving MS4 permit objectives and TMDL goals. This approach promotes proactive stormwater management while fostering collaboration between municipalities and property owners to protect local waterways.
  2. Promoting Retrofits: Credit programs can stimulate upgrades to existing properties, effectively addressing the complex challenge of stormwater management in developed areas. By encouraging property owners to make improvements, these programs play a crucial role in enhancing stormwater infrastructure and reducing runoff in urban environments.
  3. Engaging the Community: Stormwater credits provide a tangible incentive for residents and businesses to engage in water quality improvement initiatives. This approach fosters a sense of shared responsibility, encouraging the community to work together toward cleaner waterways.
  4. Flexibility in Compliance: Credit programs enable municipalities to achieve pollutant reductions through a network of small-scale projects throughout the community. This approach can significantly lessen the need for large, expensive public works projects, making stormwater management more efficient and cost-effective.

Designing an Effective Credit Program
When developing a stormwater credit policy, consider the following:

  • Tiered Approach: Offer varying levels of credit based on the extent and effectiveness of stormwater management practices implemented in each respective watershed.
  • Diverse Options: Include a range of eligible practices that accommodate different property types (residential and non-residential) and site constraints.
  • Education Component: Pair the credit program with robust public education to ensure property owners understand the benefits and requirements.
  • Regular Assessment: Implement a system for verifying that credited practices are properly maintained and functioning as intended.

Conclusion
Stormwater credit policies offer municipalities a multifaceted approach to tackle MS4 and TMDL compliance challenges while delivering broader community benefits. By incentivizing on-site stormwater management, these policies not only expand stormwater infrastructure networks and improve water quality but also foster community engagement in environmental stewardship. As municipalities face mounting regulatory pressures and climate change impacts, innovative strategies like stormwater credits emerge as cost-effective, flexible solutions. These programs can transform urban landscapes, distribute costs more equitably, and create resilient communities better equipped to manage stormwater sustainably. As we move forward, the adoption of well-designed credit policies will likely play an increasingly crucial role in achieving water quality goals and creating more livable, environmentally conscious urban environments.

About the Author



Mark Van Der Wegen, P.E., is a project manager in raSmith’s Appleton, Wisconsin office, specializing in stormwater management. He offers a comprehensive range of services for both public and private sectors, including device audits, inspections, credit policy development, and management plan preparation. In addition to his stormwater expertise, Mark excels in designing roadways and utilities for government agencies and provides extensive municipal engineering services. He also plays a vital role in delivering essential field and office support for various construction projects, ensuring successful outcomes and client satisfaction.

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