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NRAC votes to fold Chapter 72 stormwater provisions into countywide minimum standards (Chapter 50)

2640811 · March 14, 2025
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Summary

The Natural Resources Advisory Committee recommended that language approved for the unincorporated-area stormwater ordinance (Chapter 72) be incorporated into the countywide minimum standards (Chapter 50), including geotechnical requirements and a six‑inch safety factor; staff will begin outreach to municipalities.

The Natural Resources Advisory Committee (NRAC) for Volusia County voted March 5 to recommend that language adopted for Chapter 72 (stormwater requirements for unincorporated areas) be carried into Chapter 50 (countywide minimum stormwater standards).

NRAC members moved and seconded a motion to incorporate the Chapter 72 language into Chapter 50, with a technical notation to clarify city/county responsibility; the motion passed in the meeting without recorded opposition. The committee’s recommendation will be transmitted to staff leadership and used in upcoming outreach to municipalities, including presentations to an elected‑officials roundtable and individual city staff as appropriate.

Why it matters: Chapter 50 sets minimum standards that apply countywide, including to municipalities that adopt the standards; carrying Chapter 72 language into Chapter 50 would standardize certain engineering and permitting expectations across jurisdictions and could prompt city‑level changes or discussion.

What NRAC recommended and what it contains NRAC asked staff to take the specific provisions the committee previously recommended for Chapter 72 and place them into the appropriate locations in Chapter 50. Staff presented the drafted insertions and explained that most of the language is identical to what NRAC had already approved for Chapter 72. The principal technical additions NRAC recommended to Chapter 50 are: - A six‑inch safety factor tied to the seasonal high groundwater elevation that must be accounted for in stormwater modeling and design; - A requirement for geotechnical borings (the committee carried language requiring two borings per acre for stormwater ponds and related geotechnical guidance); - Clarifications about tailwater condition submittals and the location and design expectations for ponds, including side slopes and planting considerations.

Staff noted that Chapter 72 is more prescriptive because it applies to unincorporated areas, while Chapter 50 historically sets countywide minimums and leaves some siting and permitting details to cities. NRAC and staff discussed that carrying the Chapter 72 language into Chapter 50 could reduce discretionary variation between jurisdictions but may also prompt pushback from some cities that use different approaches or already have stricter local standards.

Procedure, timeline and related actions Staff reminded the committee that council previously approved the Chapter 72 changes and the county’s low‑impact development (LID) package (the voluntary LID incentives, including density bonuses). The Comprehensive Plan Amendment related to these changes was sent to the Florida Department of Commerce for review; staff said the county anticipates a second hearing in April for council adoption and that the ordinance and manuals would take effect 31 days after that second hearing.

NRAC’s vote and immediate follow‑up A motion to incorporate the Chapter 72 provisions into Chapter 50 (with the city/county wording clarification) was made by Bob Pitsom and seconded by Jack Sarat; after discussion and a brief additional wording clarification about who sets tailwater conditions (owner of the discharge facility versus a single city reviewer), the chair called the question and the motion carried. The minutes record the motion carried with ayes and no recorded opposition; individual roll‑call votes were not recorded in the transcript.

Outreach and next steps Staff said they will inform internal leadership before broad external distribution and will present the county’s Chapter 72 and LID materials at a mayor’s/elected‑officials roundtable. Staff also flagged two near‑term council items: a planned April presentation to County Council about priority items raised at the moratorium discussion (including wetland measures) and ongoing basin studies (for example, Miller Lake) that staff expect will inform future, more site‑specific stormwater or flood‑hazard recommendations.

Discussion highlights and unresolved questions Committee members debated whether Chapter 50 should become more prescriptive now or whether the county should wait for basin and flood studies (NRAC members noted a tradeoff between acting now to tighten minimum standards and waiting for additional technical studies). Several members and staff urged continuing outreach to the 14 municipalities in Volusia County to explain proposed minimum‑standard changes and to solicit technical feedback; staff said a matrix comparing county and city standards is available and that New Smyrna Beach has adopted several more restrictive measures as an example.

Other items noted for future NRAC work NRAC discussed its forthcoming work plan items, including flood hazard management, reclaimed‑water/irrigation/landscaping, and wetland permitting. Staff said the committee’s next regular meeting will include an introductory presentation on flood hazard management and that the committee may later examine Miller Lake as a case study once basin‑study results are available.

Ending note NRAC’s recommendation does not by itself change county code; it is a formal committee recommendation that staff will pass to leadership and use in consultations with municipalities and to inform County Council items.