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States Can Streamline Storm Water Permit Process
With Construction General Permits for storm water coming up for renewal in a dozen states within the next 18 months, NAHB is making recommendations to help streamline the permitting process.
States play an important role in shaping the requirement and can make adjustments to their permits during the reauthorization that occurs every five years.
The following is a list of NAHB’s recommendations to help streamline the state permitting process:
Consolidate authorities. To reduce redundancy, states can delegate or consolidate the authorities that are responsible for program implementation.
- Pennsylvania has successfully used this approach, delegating the majority of the program to local conservation districts.
- In Colorado, the state allows small sites to be authorized by a Qualified Local Program.
- Similarly, a proposal in Tennessee would allow construction site owners to be authorized by a Qualifying Local Program.
Streamline permits. To do this, states can adopt measures to reduce paperwork and expedite processing and provide model Storm Water Pollution Prevention Plans.
- Ohio has established a streamlined Notice of Intent for single-lot projects.
- In Utah, the application requirement may be waived for a small site if the construction occurs within a Phase I or Phase II municipal area.
- Delaware has developed a Standard Plan for individual lot owners who want to build a detached residential home on less than an acre.
Incentives for self-policing. By developing incentives that encourage permittees to voluntarily discover and correct potential violations, states can enhance environmental protection. The Environmental Protection Agency has a number of policies that are models for the development of these incentives, such as its Audit Policy and its Small Business Compliance Policy.
- Wisconsin is currently considering such an incentive through its Green Tier law.
Field-based compliance assistance. Builders and developers establish relationships and engage in regular interaction with local governments. When these existing relationships include programs in which regulators provide advice and technical assistance on the site during inspections, compliance rates increase significantly.
- This type of compliance assistance from regulators is occurring in California, Delaware, Iowa and Minnesota.
Compliance checklists. Giving permittees a way to affirmatively demonstrate their compliance with storm water requirements can remove uncertainty from the program.
- Minnesota has incorporated a checklist in its permit application.
- Vermont provides a checklist in its guidelines for completing an Erosion Prevention and Sediment Control Plan.
Right to cure. The best way to address on-the-ground impacts and achieve long-term compliance is to allow construction site operators whose sites are inspected to correct alleged violations rather than taking enforcement actions against them.
- This collaborative solution is currently being offered in California and Iowa, and would benefit builders and regulators throughout the country.
For more information on storm water permitting or regulations, NAHB members can contact the executive officer or regulatory director at their home builders association.
Or e-mail Marolyn Parson at NAHB, or call her at 800-368-5242 x8157.
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