Developing a local stormwater law is not easy, and getting such a law passed may prove even more difficult. To help with this challenging process, at this year's New England Interstate Water Pollution Control Commission (NEIWPCC) annual Non-Point Source conference in Groton, CT, Wendy Coffin of Woodard & Curran presented a step-by-step approach to working with municipalities to build consensus among stakeholders, elected officials, and town representatives in the development of stormwater bylaws that will be successfully approved at the town level.
Under EPA's Phase II stormwater rule, local governments are required to develop and implement laws that prohibit illicit discharges and control construction site and post-construction site runoff. Coffin advised that the development and passage of such laws is a lengthy process, and often, proposed bylaws are rejected at first because stakeholders are not properly identified, existing regulations are not understood, and the public perception of local regulations has not been recognized.
To overcome these obstacles, Coffin laid out four steps in developing a stormwater bylaw:
- Identify the minimum control measures, set meeting schedules, and confirm goals.
- Research and report on existing regulations and policies to determine what is covered, where gaps exist, and what the potential conflicts are.
- Make group decisions regarding the acceptable level of control and the enforcing authority.
- Draft the bylaws and include an enforcement policy and fee schedule.
After the bylaws have been drafted, the next phase is to develop an effective public education campaign. During this process, Coffin advises that consultants and others in advisory positions remember that the goal of the campaign is to raise public awareness of the stormwater impact on development, to communicate the effects of stormwater on the community, and to convey how the stormwater bylaws will provide environmental protection and benefits to the municipality. An effective campaign will involve:
- Newspaper publications, which may include a feature article as well as a notice and description of a public information meeting
- A brochure that will be available at city offices and community organizations, and will be mailed to town meeting members
- A public works stormwater webpage
- A "Stormwater Matters" presentation at the town meeting
Coffin shared with NEIWPCC conference attendees that the first time she and her colleagues worked with a town in the development of stormwater bylaws, the proposed laws were rejected when they came up for a vote at town meeting. What she learned from that experience is that her group did not understand the perceptions of public and town meeting members regarding the new regulations, what the public needed to know to make an informed decision, and the parties that were required to weigh in on the proposed laws. What is ultimately needed for the successful adoption of a stormwater bylaw, Coffin concluded, is language in each law that is sensitive to a community's geographic and political characteristics, a clear understanding of how new regulations fit in with the existing regulatory framework, consensus among stakeholders, town representatives, and elected officials, and effective public education.