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Council amends stormwater code after state law changes; some local authorities narrowed

Bloomington Common Council · July 30, 2025
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Summary

Ordinance 2025‑24 updates Title 13 (Stormwater) to conform with new state law limiting local regulation of construction‑site runoff, removes erosion‑control bond authority for certain sites, clarifies driveway culvert maintenance responsibilities, and narrows local enforcement for smaller sites.

Council adopted Ordinance 2025‑24 on July 30 to amend Bloomington’s Title 13 (Stormwater) in response to 2025 state legislation that limits how local governments may regulate construction‑site runoff. Kelsey Petonia, assistant director for environmental programs at Bloomington Utilities, explained the changes are primarily to achieve legal compliance while preserving local authority to manage drainage infrastructure.

Notable changes include a tiered permit approach so projects covered by the state Construction Stormwater General Permit retain equivalent requirements, while smaller sites will see a more streamlined local permitting process. The city removed certain erosion‑control bond requirements that the state law disallowed and clarified expectations for private property owners to maintain driveway culverts. Petonia told the council the changes also better align the ordinance with the city’s stormwater design manual and that staff will conduct outreach to contractors and designers.

Council debated timelines for plan review, the potential need for enforcement when problems arise, and how new permitting software (EPL) and interdepartmental collaboration will affect turnaround times. Following a corrective amendment to the ordinance title, council adopted the ordinance by roll call (8–0). Staff said they do not anticipate major fiscal impacts but expect more enforcement on illicit discharges as some preconstruction oversight authority is constrained by state law.