January 28, 2015 Making the Most of the CRS: How to Get Credit for What You’re Already Doing SHANNON Shannon Hulst Jarbeau and Mary-Carson Stiff Hampton Roads CRS Workgroup

Topics Covered Land Use and Hazard Mitigation Planning Locality Geographic Information Systems Floodplain Protection Programs Stormwater Management Community Engagement Building Codes and Structural Mitigation Dams M-C

Topic Examples Comprehensive Plans Chesapeake Bay Preservation Areas Hazard Mitigation Plans Common GIS Data Layers Land Preservation Tax Credits Wetland Protection/Mitigation Banks Beaches, Dunes, and Erosion High Water Mark Initiatives Individual Building Mitigation Stormwater BMPs SHANNON

Document Structure CRS Credit Opportunities: Activity Probable Credit Up to X points Creditable Activities   Requirements Potential Credit Additional Information Governance Guidelines Va. Code § X Statute/regulation/policy language relevant to CRS activity Co-Benefits List Recommendations to Maximize CRS Credit + Co-Benefits M-C

Open Space (e.g. Wetlands Mitigation Banks) CRS Credit Opportunities: Protecting Wetlands in a Natural State as Open Space Probable Credit Activity 420a, Open Space Preservation (OSP)   Up to 1,450 points Creditable Activity Protecting open land in the floodplain Requirements Land must be part of regulatory floodplain as defined by locality’s floodplain ordinance (wetlands will most likely be located in a floodplain) Development, filling, and materials storage must be prohibited by adopted policy or agreed to in writing by the property owner (likely accomplished by Clean Water Act requirements) Additional Information Federally-owned lands are not eligible for credit Credit is determined by the ratio of the area of open space to the area of the Special Flood Hazard Area Existing structures and impervious surfaces necessary for the prescribed use of the land will reduce credit provided, but will not eliminate eligibility Additional credit is available if the land is subject to a deed restriction (Activity 420b), preserved in or restored to its natural state (Activity 420c), or if it is subject to additional flood hazards (Activity 420d) SHANNON

Open Space (e.g. Wetlands Mitigation Banks) CRS Credit Opportunities: Protecting Wetlands in a Natural State as Open Space Probable Credit Activity 420c, Natural Functions Open Space (NFOS)   Up to 350 bonus points Creditable Activity Extra credit for open space parcels preserved in or restored to their natural state Requirements Land must qualify for Open Space Preservation credit Land must be managed to retain its natural state (likely accomplished by Clean Water Act requirements) Land must be in an undeveloped/natural state or restored to a natural state (likely accomplished by Clean Water Act requirements) Additional Information Additional credit is available for land designated in a Natural Floodplain Functions Plan (Activity 510c), if land is designated critical habitat, if land is part of a planned open space corridor, and if educational materials are provided Credit is determined by the ratio of the area of open space to the area of the Special Flood Hazard Area Activity 420b, Deed Restriction (DR) Up to 50 additional points Creditable Activities Bonus points for open space protected by deed restriction (Instruments that protect wetlands mitigation banks in perpetuity are required by state law.) Land must qualify for open space credit (Activity 420a) Deed must include language that prohibits new buildings The restriction must run with the land and cannot be changed by a future owner M-C

Open Space (e.g. Wetlands Mitigation Banks) CRS Credit Opportunities: Protecting Wetlands in a Natural State as Open Space Potential Credit Activity 420g, Natural Shoreline Protection (NSP)   Up to 120 points Creditable Activity A locality must have adopted regulations that prohibit armoring, channel alterations, dredging, filling, grubbing, removal of vegetation, or any beach alteration on private and/or public lands Requirements Development, fill, armoring, beach nourishment, dune alteration, etc. must be prohibited Additional Information Human alterations of natural shorelines are only permitted when the action improves natural floodplain functions Shoreline protection regulations need not be effective for the whole length of a locality’s shoreline to earn some credit Credit is based on the length of protected shoreline compared to the locality’s entire shoreline length These programs can also earn 25 points under Activity 450b, Watershed Master Plan (WMP7) SHANNON

Open Space (e.g. Wetlands Mitigation Banks) CRS Credit Opportunities: Protecting Wetlands in a Natural State as Open Space Governance Guidelines Clean Water Act Section 404 (33 U.S.C. § 1344) Wetland protection and requirement for permits for dredge of fill material in navigable waters of the US. 33 C.F.R. § 332.7 and 40 C.F.R. § 230.97 All wetland mitigation banks must be provided long-term protection through real estate instruments or other available mechanisms, as appropriate. 9VAC25-210-116 “The final wetland compensation plan or plans shall include a mechanism for protection in perpetuity of the compensation sites to include all state waters within the compensation site boundary or boundaries” (Ex: deed restriction, conservation/open space easement, etc.) Co-Benefits Protection of a critical natural resource, economic benefit to fisheries and ecosystem health, flood protection, natural erosion protection, water quality protection Recommendations to Maximize CRS Credit + Co-Benefits Protect existing natural wetlands in place where possible Restore, establish, enhance, and preserve wetlands with as much flood protection value as possible Seek wetlands with large acreage M-C

Stormwater: Watershed Master Planning CRS Credit Opportunities: Stormwater Management – Watershed Master Plan Probable Credit Activity 450b, Watershed Master Plan (WMP)   Up to 315 points Creditable Activity Watershed Master Plan Requirements Locality must adopt plan for at least 1 watershed draining into locality. Plan must identify natural & constructed drainage system & channels Locality must adopt regulatory standards based on the watershed master plan AND receive Stormwater Management Regulations credit (Activity 450a) Plan must manage future peak flows so they remain at or below present levels Plan must require runoff management from “all storms” less than & equal to the 25-year storm (Minimum creditable storm is 10-year) Plans older than 5 years must be evaluated to ensure data & runoff planning is compatible with current conditions. Plans must be updated when necessary. SHANNON

Stormwater: Watershed Master Planning CRS Credit Opportunities: Stormwater Management – Watershed Master Plan Probable Credit Activity 450b, Watershed Master Plan (WMP)   Up to 315 points Additional Information Credit is based on the percentage of the regulated watershed located within the locality Additional credit is available for the following content: plans prohibiting development in wetlands, natural open space areas, and existing natural channels; plans managing runoff from long-duration storms; plans requiring soft channel improvement techniques; plans providing funding sources for implementation Localities with dedicated funding source for implementing watershed master plans get extra credit. Examples of funding sources: stormwater utilities, drainage district fees, and a real estate excise tax. If a locality prohibits development within upland wetlands, floodplains, or other ‘natural’ open space areas important for stormwater conveyance or storage, they can receive credit under Watershed Master Planning. (CRS Manual, 450-16) The larger the storm used in the plan, the more credits a locality can receive. The least amount of downstream flood peaks and runoff volume and the greater discharge retention or detention, the more credit a locality can receive. Plans including the management of land outside the regulatory floodplain and/or nonpoint source pollution are eligible to receive credit under National Floodplain Functions Plan (Activity 510c). SHANNON

Stormwater: Watershed Master Planning CRS Credit Opportunities: Stormwater Management – Watershed Master Plan Governance Guidelines Va. Code § 62.1-44.15:28 Regulations shall “establish statewide standards for stormwater management…allow for the consolidation in the permit of a comprehensive approach to addressing stormwater management and erosion and sediment control”   9VAC25-870-10 A comprehensive stormwater management plan “specifies how the water quality components…of stormwater are to be managed on the basis of an entire watershed or a portion thereof. The plan may also provide the remediation of erosion, flooding, and water quality and quantity problems caused by prior development.” 9VAC870-92 “A locality’s VSMP authority may develop comprehensive stormwater management plans to be approved by the department that meet the water quality objectives…” 9VAC25-870-99 Regional (Watershed-Wide) Stormwater Management Plans: acknowledgment of watershed-wide planning VA Stormwater Handbook (Draft 2013) Appendix 5-B Promotes the development of watershed-scale stormwater management plans, providing several local case studies as examples from other localities. M-C

Stormwater: Watershed Master Planning CRS Credit Opportunities: Stormwater Management – Watershed Master Plan Co-Benefits Comprehensive planning = unified approach, creating consistency and effectiveness in water quality efforts; less confusion in implementation of actions; lower costs - fewer facilities, lower operation and maintenance costs, concentration of funding, cost sharing arrangements (Stormwater Handbook Draft Appendix 5-B-5); cross community collaboration and unity; increases chance that downstream impacts are addressed (Stormwater Handbook Draft Appendix 5-B-6) Recommendations to Maximize CRS Credit + Co-Benefits Combine all plans into one master plan; one comprehensive plan will receive a lot of credits. For example, a plan that incorporates a Natural Floodplain Functions Plan (Activity 510c) into its Watershed Master Plan (Activity 450b) will receive additional credit. Localites already participating in Chesapeake Bay compliance planning for the TMDL planning (Action Plans or WIPs) may receive credit for CRS Watershed Master Planning. Refer to the 2013 VA Stormwater Management Handbook Draft Appendix 5B for more information on watershed master planning. VA Example: James City County’s stormwater master plans must require new and re-development to include Special Stormwater Criteria to preserve sensitive watersheds. This criteria includes LID practices.   SHANNON

Individual Building Mitigation CRS Credit Opportunities: Building Mitigation Probable Credit Section 530, Retrofitted Buildings   Up to 1,600 points Creditable Activities Elevation, flood vents installation, flood proofing, preventing sewer back ups, individual property barriers (e.g. levees, berms, floodwalls, living shorelines: Wetlands Watch advocates for the use of soft structures in lieu of hard structuring where possible.)  Requirements Buildings must be insurable and located within the regulatory floodplain (except repetitive loss structures) Projects must protect from at least the 25-year flood All requires permits must have been obtained A registered design professional must sign and seal projects in V-Zones and A-zones seaward of the LiMWA line; in areas with velocities greater than 5ft/second during the 100-year event, and areas subject to special hazards (Manual starting on 530-3) Additional Information Projects completed before the locality joined the NFIP are not creditable M-C

Individual Building Mitigation CRS Credit Opportunities: Building Mitigation Potential Credit Section 520, Acquisition and Relocation   Up to 2,250 points Creditable Activity Removing insurable buildings from the floodplain Requirements Buildings must be insurable and located in the regulatory floodplain (except repetitive loss structures) Relocations must be outside of the regulatory floodplain and repetitive loss areas Must be able to document that vacated property will remain vacant (redevelopment is credited in Activity 530, above) Projects completed before the locality joined the NFIP are not creditable Additional Information Duplicate credit can be earned in Sections 520 and 420 for open space created by removing insurable buildings SHANNON

Individual Building Mitigation CRS Credit Opportunities: Building Mitigation Probable Credit Activity 420a, Open Space Preservation (OSP)   Up to 1,450 points Creditable Activity Protecting open land in the floodplain to protect buildings from flood damage Requirements Land must be part of regulatory floodplain as defined by locality’s floodplain ordinance Development, filling, and materials storage must be prohibited by adopted policy or agreed to in writing by the property owner Additional Information Federally-owned lands are not eligible for credit Credit is determined by the ratio of the area of open space to the area of the Special Flood Hazard Area Existing structures and impervious surfaces necessary for the prescribed use of the land will reduce credit provided, but will not eliminate eligibility Additional credit is available if the land is placed under a deed restriction (Activity 420b), preserved in or restored to its natural state (Activity 420c), or if it is subject to additional flood hazards (Activity 420d) M-C

Individual Building Mitigation CRS Credit Opportunities: Building Mitigation Co-Benefits Hazard mitigation, maintenance of tax base, community development, improved resilience and reduced risk, job creation, minimal funds from local governments are required, several sources of funding available Recommendations to Maximize CRS Credit + Co-Benefits Track all mitigation efforts, including those funded privately by a property owner Encourage or require all property owners to mitigate to a minimum of the 25-year-flood level, but encourage higher levels such as the 100- or 500-year floods SHANNON

Questions? Shannon Hulst Jarbeau Shannon.hulst@wetlandswatch.org Mary-Carson Stiff mc.stiff@wetlandswatch.org