Committee weighs regional stormwater utilities, thresholds and options for orphan permits under 3‑acre rule

Department of Environmental Conservation officials told the Senate Natural Resources & Energy Committee that regionalization and targeted municipal assistance could ease the burden on homeowners’ associations and small developments facing required stormwater upgrades under the 3‑acre rule.

Neil Campbell, deputy commissioner at the Department of Environmental Conservation, and Kevin Burke, program manager for the stormwater program, described technical and equity issues tied to the 3‑acre threshold. Burke said lowering the threshold would require rule and permit updates and could raise equity concerns about which sites would be regulated.

"If we were to lower the threshold, we would certainly need to revisit the TMDL...and update statute, rule, and perhaps the general permit," Burke said. He added…