Debate over stormwater utility and critical lands plan centers on fees, maps and whether development rights should be retired

Douglas County staff used the May 21 meeting to present three interlinked elements of the proposed stormwater program: the 5-year capital improvement plan (CIP) update tied to the 2024 Stormwater Master Plan, the updated operations and maintenance (O&M) manual, and a new Critical Lands Conservation Acquisition and Management Plan (appendix E).

Stormwater Program Manager Courtney Walker walked the board through the top-20 priority CIP projects identified in the master plan, describing status and funding: county staff estimate that if currently applied-for grants were all awarded the portfolio would represent roughly $23 million in projects with about $19 million of grant funds and about $4 million in local match. Staff highlighted recent progress, including a newly announced award of approximately $7.3 million (FEMA hazard-mitigation funding) for a Johnson Lane flood mitigation project, which carries an estimated county match of roughly $813,000.

Walker also described planned projects that range from culvert upsizes at county road crossings to multi-site detention basins and watershed-scale alternatives for Smelter Creek and Pine Nut Creek, and noted NEPA/permitting, right-of-way acquisition, and the need for maintenance funding as constraints.

In a separate briefing on operations and maintenance, Walker described the county's existing stormwater crew and asset-management progress: about 1,500 inventoryed assets (roughly 1,300 maintained by the county), a multi-vehicle maintenance fleet, and an annual inspection cycle intended to keep more than 95% of measured assets in good functioning condition. Staff stressed the importance of a sustainable funding source to match federal grants and to maintain constructed facilities over time.

County Manager Jennifer Davidson and Walker presented the Critical Lands plan as an appendix to the master plan. The plan proposes a voluntary program for acquiring conservation easements or, where necessary, fee title to watershed-significant parcels located in 100-year floodplains, floodways, recharge areas or identified detention locations. The stated purpose: avoid future infrastructure costs by preserving natural floodplain and detention function that reduces peak flows and downstream improvements. The plan proposes a scoring matrix to prioritize parcels and calls for annual BOCC approval for acquisitions. The draft plan notes the county's intent to notify property owners whose parcels are identified and to pursue voluntary agreements.

Public commenters raised three persistent concerns: accuracy and transparency of the impervious-area mapping used to assign fee tiers, the appeals process for property owners who dispute the county's parcel classification, and whether development rights acquired under the plan would be retired or banked for future transfer (the public overwhelmingly urged permanent retirement). In response county staff said appraisals would be done for purchases, conservation easements would generally leave ownership and compatible land uses (agriculture, grazing) in private hands while restricting development rights, and that program implementation decisions and final purchases would return to the BOCC for approval. Staff also said county phones and project staff are available now to answer individual mapping questions and that a formal appeal period will precede initial fee billing.

What residents asked for: multiple commenters urged that any development rights the county acquires be retired in perpetuity rather than used as transferable instruments (TDRs). Several residents also asked for clearer, earlier access to the parcel-level mapping and calculation methodology before rates are adopted. Some commenters asked the board to consider a voter-funded open-space approach as an alternative source of acquisition funds.

What happens next: staff said the stormwater CIP, O&M, and Critical Lands plan materials would return on May 28 for further public input and potential action tied to the draft FY2026-27 utility budget. Staff emphasized that the Critical Lands program is voluntary and that purchases or easements would require BOCC approval and appraisals.

Quotes: "If we were to be awarded all of our grant submittals, it would fund a total project cost of about $23 million," stormwater manager Courtney Walker said. "We want to prioritize preservation of natural floodplain functions where feasible because it ultimately saves the utility and our ratepayers money," County Manager Jennifer Davidson said.

Limitations: The public record shows detailed objections to parcel classifications; staff said they will respond in writing and present revised materials at the next meeting.

Next steps: May 28 followup will include public comment, additional detail about the parcel mapping/appeals process, and staff responses to the questions raised on May 21.