Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill Moore P.E. Department of Ecology

Regulatory Developments Affecting Southwest Washington Water Supply – Water Rights and In-stream Flows Climate Change Federal Clean Water Act and Water Quality

Water Supply Working with Lower Columbia Fish Recovery Board Local elected officials and key stakeholder groups Adopted watershed plans under RCW Set numeric flows in rivers, protect tributaries Water for Growth will need to come from deep aquifers

Climate Change Significant implications for ESA and CWA compliance Will stress the system for fish recovery, temperature and stream flows Likely see reduced snow pack, lower stream flows and higher temp in late summer and fall Potential for more intense storms and flooding

Water Quality §401 Water Quality Certifications §303(d) listed waters and Total Maximum Daily Loads (TMDLs) Waste Water Discharge Permits

Water Quality - Permits Industrial Stormwater General Permit Construction Stormwater General Permit Municipal Stormwater Permits – Issued January 2007 Phase I Phase II

Municipal Stormwater Permits Phase I – All of Unincorporated Clark County Phase II – Cities of Kelso, Longview, Battleground, Vancouver, Camas and Washougal Areas of Unincorporated Cowlitz County around Longview and Kelso

Municipal Stormwater Permits The Permits regulate discharges from municipal separate storm sewer systems by requiring the control of discharges into municipal separate storm sewer systems.

Municipal Stormwater Permits Adoption of Local Ordinances - Timing Phase I (Unincorporated Clark County) – August 2008 Phase II (All others) – August 2009 Local Ordinances – Content Prohibit non-stormwater discharges into the storm sewer Control construction site stormwater runoff Stormwater runoff from new development and re-development

Municipal Stormwater Permits New Development & Re-Development – biggest issue: Flow Control Objective is to protect and restore stream hydrology Require post-development runoff rates match pre- developed runoff rates using hydrology model (WWHM) Larger stormwater ponds Flexibility in meeting the flow control objective – low impact development (LID) techniques, regional facilities, regionally calibrated model(s)

Municipal Stormwater Permits Municipal Stormwater Permit Appeals Permits are in effect Significant permit appeal issues Re-development flow control standard Low impact development requirements One acre threshold in the phase II permit Geographic scope of the phase II permit

Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill Moore P.E. Department of Ecology