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City staff update: Livingston nears MS4 threshold; stormwater utility feasibility analysis continues
Summary
Staff briefed commissioners on stormwater work tied to possible MS4 designation as Livingston approaches the population/bed threshold. Consultants are mapping impervious area and billing options; staff expects an AE2S report in late October and will return to the commission for direction.
City staff updated the Livingston City Commission on Sept. 16 about ongoing work to evaluate a citywide stormwater utility and to address chronic flooding issues.
City manager Mister Gager said staff are continuing a multi-year process that began with a stormwater preliminary engineering report and a grant-funded utility feasibility study by Headwaters Economics and consultants AE2S. He warned the federal/state MS4 (municipal separate storm sewer system) designation could be triggered when census population and advertised lodgingbeds reach 10,000, and that compliance brings technical and funding requirements.
"We are very quickly nearing that point where an MS4 system would be required," Mister Gager said, explaining that staff and AE2S are now performing a 100% review of commercial/industrial/multifamily impervious surfaces and a representative 5% sample of single-family parcels to estimate likely billing approaches and impacts.
AE2S will also evaluate how a utility would integrate with the city's billing system and support required ordinance changes. Staff said the firm is targeting a draft report in late October to early November and that the commission would be asked later this year or in early 2026 to decide whether to proceed with development of a stormwater utility and related ordinances.
Residents urged prompt action. Michelle Lamley described repeated flooding on K Street even after modest storms and urged the commission to support development of the utility and infrastructure improvements: "The stormwater actually flows north now...but before it heads up to Clark Street, it is now coming up our driveway," she said, adding that flooding after small rain events has created safety and property concerns.
Commissioners broadly expressed support for moving the study forward, noting both regulatory exposure if the city reaches MS4 criteria and local priorities to protect property and downstream waters. Staff said Headwaters Economics' nonprofit arm provided $50,000 to continue the analysis after a previously-awarded EPA grant was rescinded at the federal level; the nonprofit selected AE2S to complete technical work.
The next steps are completion of the AE2S spatial and billing analysis, staff recommendations on assessment options (flat fee vs. impervious-based approaches or a hybrid), and ordinance drafting to define billing, exemptions, and administrative procedures if the commission elects to establish a utility.
