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Staff recommends LTAP-modeled drainage ordinance while awaiting state guidance on House Bill 1037
Summary
Stormwater staff recommended adopting a Libery/Local Technical Assistance Program (LTAP) model drainage ordinance and updating the county's 1993 ordinance and pond rules, while acknowledging potential state-level impacts from House Bill 1037 and the Construction Stormwater General Permit (CSGP).
County stormwater staff reported progress on updating the county’s 1993 drainage ordinance and a separate pond ordinance. Staff said BS Engineering is reviewing the drainage ordinance and that the county has three options: revise the current model, adopt the LTAP ordinance model used elsewhere (which would match the stormwater ordinance formatting) or wait to see how state action on House Bill 1037 and related Department of Environmental Management guidance affects local authority.
Staff recommended moving forward with an LTAP-configured ordinance that updates fees, fines and modern language while keeping discharge rates at the minimum required by permit language; staff said the board can revisit specifics if the state adopts new standards. The board directed staff to prepare an LTAP-style ordinance draft for the next stormwater meeting. Staff also said the pond ordinance is in near-final draft form and that a few legal questions remain for counsel.
Staff cautioned that House Bill 1037 contains language that a unit cannot adopt local rules more stringent than the state Construction Stormwater General Permit (CSGP) and noted a perceived circularity in the CSGP language that defers some runoff-rate standards to local ordinance. The recommendation to proceed with the LTAP model is intended to avoid delaying local updates while the state process plays out.
Board members asked staff to circulate the draft ordinance in advance; legal questions related to specific pond ordinance language will be forwarded to county legal review before adoption consideration.
