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New law S.310 prompts Chittenden County towns to reconsider how stormwater utilities calculate ERUs
Summary
At the MS4 Subcommittee meeting July 9, South Burlington’s Marisa Rorabaugh said Vermont Act S.310 (effective July 1) prescribes how utilities calculate an Equivalent Residential Unit (ERU), likely requiring municipalities to update impervious-surface data; CCRPC staff and members discussed options for who collects the data and whether to recalculate townwide averages.
South Burlington council member Marisa Rorabaugh said Vermont Act S.310 took effect July 1 and includes specifications for how stormwater utilities must calculate an Equivalent Residential Unit (ERU), a technical change she said will require municipalities to revise current methods.
"S.310 came into effect July 1," Rorabaugh said during the Chittenden County Regional Planning Commission MS4 Subcommittee meeting on July 9. She said South Burlington will have to change how it calculates ERUs and that it may be advantageous for towns to collect new impervious-surface data collectively rather than individually.
Dan Albrecht, CCRPC staff, suggested one narrower approach: instead of redoing whole-town inventories, the team could focus first on parcels that changed development since the original ERU exercise done around 2010. Rorabaugh replied that to generate reliable averages the exercise would ideally cover the whole town.
The subcommittee did not adopt a formal policy at the July 9 meeting but discussed next steps: whether municipalities should pool resources for a comprehensive impervious-surface survey, and whether the CCRPC should coordinate data collection. Albrecht said he will circulate task orders for FY25 work to partner organizations, which could inform how data collection is assigned.
Why it matters: ERUs are commonly used to assign stormwater utility fees; changes in the method for calculating an ERU can affect fee structures and municipal budgeting. The committee flagged the need for coordination on data collection and more detailed guidance about implementation before towns change billing methods.
The MS4 Subcommittee is expected to follow up in coming meetings and to consider draft budget implications at the September meeting. No vote or formal direction was recorded on S.310 implementation at the July 9 meeting.
