State flags South View stormwater permit incomplete; homeowners must be included to access ARPA funds

Town staff told the Richmond Select Board that the State placed the South View subdivision stormwater notice of intent (NOI) into an "administratively incomplete" status because a complete 3-acre NOI that includes homeowners/co-permittees has not been submitted.

Josh Arneson explained the state’s response and said the town’s previous approach — to submit a compromise letter stating the town would not assume full responsibility — may not meet the state’s requirement for co-permittees. "We do not have the legal authority to submit a letter on behalf of the homeowners," a board member said, noting the town cannot compel homeowners to form an association or act as co-permittees.

Residents from South View asked about deadlines to secure ARPA funding to support design and construction. Board members said that, per the state correspondence, a deadline appears to fall in mid-March for requested information and that the ARPA funding timeline extends to September, giving staff some time to pursue options. Several speakers recommended inviting state representatives and senators to a board meeting to seek clarity and urged the town to continue design work in parallel with advocacy.

Board members agreed the most practical near-term path may be to continue engineering and design work while seeking clearer guidance from the Department of Environmental Conservation and local legislators; legal counsel and the town engineer will be asked to follow up. No binding commitment to act on homeowners' behalf was made during the meeting.