United States
Environmental Protection
Agency
Protecting Water Resources with
Smart Growth
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Acknowledgements
The U.S. Environmental Protection Agency (EPA) extends thanks to the people and organiza-
tions who contributed insights and comments on this document as it was being developed:
Chester Arnold, University of Connecticut; David Batchelor, Michigan Department of
Environmental Quality; Sue Beede, Organization for the Assabet River; Victoria Binetti; Jessica
Cogan, Smart Growth Leadership Institute; Thomas Debo, Georgia Institute of Technology;
Robert Goo; Joel Haden, Tennessee Valley Authority; Chris Hathaway Lower Columbia River
Estuary Program; John Jacob, Sea Grant Marine Advisory Service, Texas; Jamal Kadri; John
Kuriawa, National Oceanic and Atmospheric Administration, Office of Ocean and Coastal
Resource Management; Tim Lawrence, Ohio State University Extension; Loretta Lohman,
Colorado State University Cooperative Extension; Sylvia Malm; Philip Metzger; Jay Michaels,
Minnesota Soil and Erosion Control Agency; Brian Miller, Purdue University, Illinois-Indiana Sea
Grant College Program; Scott Millar, Rhode Island Department of Environmental Management;
Milt Rhodes, North Carolina Smart Growth Alliance; Evan Richert, Maine State Planning Office;
Chris Rowe, Colorado Watershed Network; John Rozum, University of Connecticut; Duane
Sands, Iowa Natural Heritage Foundation; Claire Schary; Gene Schiller, Southwest Florida Water
Management District; Dave Skellie, Pennsylvania State University Cooperative Extension System;
Julie Westerlund, Minnesota Department of Natural Resources; and Don Witherall, Maine
Department of Environmental Protection. Additional thanks is extended to EPA staff from the
following offices: Office of Water, Office of Ground Water and Drinking Water, EPA Region 1,
EPA Region 6, and EPA Region 10. Finally, special thanks are extended to the staff at the
Development, Community, and Environment Division and its two interns: Madelyn Carpenter
and Marianne Difatta.
ICF Consulting produced parts of this document under EPA contract 68-W-99-054 for the
Development, Community, and Environment Division, U.S. EPA Office of Policy, Economics,
and Innovation. Eastern Research Group edited and designed the report. EPA staff member Lynn
Richards managed this project.
To request additional copies of this report, contact EPAs National Center for Environmental
Publications at (513) 891-6561 and ask for publication number EPA 231-R-04-002.
To access this report online, visit or .
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Table of Contents
Introduction 5
SECTION I: Protecting Water Resources at the Regional Level 6
ENCOURAGING DEVELOPMENT IN STRATEGIC AREAS 11
Policy 1. Conduct watershed planning 12
Policy 2. Develop a regional comprehensive plan 13
Policy 3. Implement watershed-based zoning districts 14
Policy 4. Designate special development districts 16
Policy 5. Coordinate development and conservation plans 17
Policy 6. Allow higher densities 18
Policy 7. Use density averaging 19
Policy 8. Preserve open space, including critical environmental areas 20
Policy 9. Direct development through transferable development rights 22
Policy 10. Coordinate development planning with sewer and water authorities 23
Policy 11. Limit development on land near public wells 24
Policy 12. Consider the cumulative and secondary impacts of development in the floodplain ...25
Policy 13. Update combined sewer and sanitary sewer systems in downtown areas 26
Policy 14. Develop infill sites 27
Policy 15. Redevelop brownfields 28
Policy 16. Redevelop greyfields 29
Policy 17. Maximize transportation choices 30
FUNDING AND FEE STRUCTURES 31
Policy 18. Create a stormwater utility 31
Policy 19. Use wastewater fees to fund watershed-level planning 33
Policy 20. Vary sewer hookup fees for existing and suburban fringe locations 33
Policy 21. Direct infrastructure spending to designated growth areas 34
Policy 22. Differentiate development fees based on location of the development 35
Policy 23. Use compensation fees to address high-priority water quality problems 36
Policy 24. Charge for water usage on an incremental basis 37
Policy 25. Use Clean Water State Revolving Funds for smart growth initiatives 38
Policy 26. Improve oversight of onsite treatment systems 40
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Policy 27. Provide a stormwater fee credit for redeveloping existing impervious surfaces 41
Policy 28. Tie bonds to performance measures 42
Policy 29. Use private activity bonds to finance projects that protect water resources 43
Policy 30. Allocate a portion of highway and transit funding to meet water quality goals 44
Policy 31. Establish a community preservation fund 45
Policy 32. Establish a clean water management trust fund 45
Policy 33. Offer incentives for adopting land use changes under a
TMDL implementation plan 46
ENVIRONMENTAL REGULATORY INNOVATIONS (INCLUDING VOLUNTARY INCENTIVES) 47
Policy 34. Create performance-based standards 47
Policy 35. Consider future growth when developing TMDLs 48
Policy 36. Make adequate water a prerequisite of additional growth 49
Policy 37. Incorporate smart growth into stormwater management plans 50
Policy 38. Incorporate smart growth into pollution trading programs 52
Policy 39. Use smart growth to vigorously pursue CWA antidegradation policy 53
Policy 40. Create a sliding scale of mitigation requirements based on level of density 54
Policy 41. Modify facility planning area process to support smart growth 55
EDUCATION 58
Policy 42. Create partnerships to improve water quality 58
Policy 43. Educate local officials on the water quality impacts from development 59
Policy 44. Develop a model town to demonstrate how and where polluted runoff flows 61
Policy 45. Create a program to certify developers, builders,and other industry
professionals responsible for implementing BMPs 61
Policy 46. Provide municipalities with sufficient data to make better land use decisions 62
SECTION II: Site-Level Protection and Mitigation Measures 69
SITE PLANNING 70
Policy 47. Consider cumulative site-level development-related impacts 71
Policy 48. Provide incentives to encourage specific development practices 72
Policy 49. Minimize stormwater runoff through construction site design 73
Policy 50. Use conservation site design 73
Policy 51. Minimize stormwater runoff through traditional and
non-traditional BMPs 75
Policy 52. Designate smart growth site design as a BMP 75
Policy 53. Allow green building points for infrastructure repair 76
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Policy 54. Allow offsite mitigation 77
Policy 55. Adopt model development principles 78
Policy 56. Allow developers to pool stormwater management efforts 79
SITE-LEVEL STRATEGIES AND TECHNOLOGIES 80
Policy 57. Maximize use of existing impervious cover 80
Policy 58. Design open space areas to minimize stormwater runoff 81
Policy 59. Preserve and enhance green areas in existing neighborhoods 82
Policy 60. Use green practices to manage rooftop runoff 83
Policy 61. Use low impact development techniques 84
Policy 62. Construct narrow, walkable, well-connected streets 85
ORDINANCES AND CODES 87
Policy 63. Adopt stormwater ordinances 87
Policy 64. Adopt ordinances for source water protection 88
Policy 65. Adopt water-saving landscaping ordinances 90
Policy 66. Adopt tree ordinances 91
Policy 67. Implement ordinances and standards to better manage
development along waterways 92
Policy 68. Reduce lot sizes through zoning and setback requirements 93
Policy 69. Minimize parking requirements 94
EDUCATION 95
Policy 70. Provide resources to educate developers and local staff on LID techniques 95
Policy 71. Create a statewide educational program for local experts 96
Policy 72. Notify homebuyers of future water availability and cost 97
Policy 73. Educate citizens and businesses to help protect water resources 98
Policy 74. Train teachers on smart growth issues 99
Policy 75. Encourage information-sharing among developers concerning
smart growth designs that protect water resources 100
Appendix A: Acronyms 103
Appendix B: Additional Resources 104
Appendix C: Bibliography 106
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Photo courtesy of David Cooper.
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Protecting Water Resources with Smart Growth
INTRODUCTION
How are zoning codes and build-
ing designs related to standards
established by the Clean Water
Act? How do transportation choices or
the mix of uses in a district affect the
quality and quantity of stormwater
runoff? How are development patterns
associated with protecting the nation's
water resources, including lakes, rivers,
streams, and aquifers?
As studies have shown, growth and
development can have profound effects
on our water resources.1 Storm sewer
overflows and polluted runoff from non-
point sources are a major reason that
some water bodies do not meet Clean
Water Act (CWA) standards. One factor
related to persistent water pollution
problems is our development patterns,
particularly patterns of highly dispersed
development that have been common
since the end of World War II. The more
woodland, meadowland, and wetland
areas disappear under impermeable
cover, and the more miles and vehicles
we drive and park on impermeable
roads and highway surfaces, the more
difficult protecting the quality and quan-
tity of our water supplies becomes.
In response to these current trends, local
governments are developing smarter
approaches to growth. They are looking
for, and using, policies and tools that
enhance existing neighborhoods,
improve schools, protect drinking water,
and provide solid housing and trans-
portation choices. These communities
are seeking smart growth—a develop-
ment approach characterized by 10
smart growth principles (see Figure 1).
These principles support economic
development and jobs; create strong
neighborhoods with a range of housing,
commercial, and transportation options;
and achieve healthy communities and a
clean environment.2
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Introduction
WANT MORE
INFORMATION?
The Smart Growth
Network and Smart
Growth America have
posted information, tools,
and resources on all
aspects of smart growth
on their Web sites: and
.
Protecting Water Resources with
Smart Growth is intended for audi-
ences already familiar with smart
growth, who now seek specific ideas
on how techniques for smarter growth
can be used to protect their water
resources. This document is one in a
series of publications on smart growth
produced by the U.S. Environmental
Protection Agency (EPA). Earlier publi-
cations, such as EPAs Our Built and
Natural Environments, or the
International City/County Management
Association's Getting to Smart Growth:
100 Policies for Implementation, Why
Smart Growth, and Best Development
Practices, provide basic background on
smart growth and a broad range of smart
growth techniques.
Figure 1: Smart Growth Principles
1. Mix land uses.
2. Take advantage of compact building design.
3. Create a range of housing opportunities and choices.
4. Create walkable neighborhoods.
5. Foster distinctive,attractive communities with a strong
sense of place.
6. Preserve open space,farmland, natural beauty,and
critical environmental areas.
7. Strengthen and direct development towards existing
communities.
8. Provide a variety of transportation choices.
9. Make development decisions predictable,fair, and cost
effective.
10. Encourage community and stakeholder collaboration
in development decisions.
Smart growth principles provide a foun-
dation—a basic springboard—for the 75
policies described in this report. The
majority of these policies (46) are orient-
ed to the watershed, or regional level;
the other 29 are targeted at the level of
specific development sites.
Section I of this report describes how
communities have used smart growth
techniques at the regional level to mini-
mize the impacts of new development
on their water resources. Communities
have been successful by implementing
policies to preserve critical regional
watershed areas, and strategically direct-
ing development to existing communi-
ties to minimize runoff from impervious
surfaces such as roadways, driveways,
and rooftops.
Section II discusses site-level techniques
that local governments have used to fur-
ther mitigate the impacts of develop-
ment. When used in combination with
regional techniques, these site-level tech-
niques can prevent, treat, and store
runoff and associated pollutants at the
site. Many of these practices incorporate
some elements of low-impact develop-
ment techniques (e.g., rain gardens,
biorention areas, and grass swales),
although others go further to incorpo-
rate smart growth principles such as
changing site design practices.
Incorporating these techniques can help
localities not only to meet their water
quality goals, but also to create more
interesting and livable communities.
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Protecting Water Resources with Smart Growth
The examples provided in both sections
are drawn from communities across the
country. Many policies are supplemented
by "practice tips" that illustrate their
application or identify additional
resources to aid communities with
implementation. In addition, several
policy descriptions include "issues to
consider," which highlight potential
complications or other concerns associ-
ated with implementing a policy. The
experience of local governments has
shown that regional and site-specific
policies will be most effective when
implemented together; addressing the
regional or site level alone might not be
effective in achieving lasting changes in
water quality.
'The National Water Quality Inventory: 2000 Report to
Congress identified urban runoff as one of the leading
sources of water quality impairment in surface waters.
Of the seven pollution source categories listed in the
report, "urban runoff/storm sewers" was ranked as the
fourth leading source of impairment in rivers, third in
lakes, and second in estuaries. See U.S. EPA. National
Water Quality Inventory: 2000 Report to Congress.
. In addition, see Beach, D. 2002.
Coastal Sprawl: The Effects of Urban Design on Aauatic
Ecosystems in the United States. Pew Oceans
Commission, Arlington, VA.
2U.S. EPA. Development, Community, and Environment
Division. April 2001. "What is Smart Growth?" EPA
231-F-01-001A.
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Photo courtesy of USDA NRCS.
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Protecting Water Resources with Smart Growth
SECTION I:
Protecting Water Resources at the Regional Level
The amount of land consumed by
development has grown dramati-
cally in recent decades, accelerat-
ing especially in the 1990s. Between
1954 and 1997, developed land area has
almost quadrupled, from 18.6 million
acres to about 74 million acres in the
contiguous 48 states.3 In 1997, devel-
oped land totaled about seven percent of
the nation's nonfederal land area; how-
ever, from 1992 to 1997, the national
rate of development more than doubled.
During this five-year period, more land
was developed (nearly 16 million acres)
than during 1982 to 1992 (about 13
million acres). The newly developed
land came mostly from forestland, pas-
ture and range, and cropland.4
The growth of developed areas has led
to an increase in impervious surfaces—
including rooftops, roads, parking lots,
sidewalks, patios, and compacted soil.
Research has shown a strong inverse
relationship between impervious cover
and water quality. Studies have demon-
strated that areas with as little as 10 per-
cent impervious surface5 within a water-
shed can impair water resources.6 Water
resources are impacted by activities asso-
ciated with the construction and use of
impervious surfaces. Runoff from the
construction of buildings, roads, and
sidewalks; emissions generated by travel;
and the use of chemicals for landscaping
all negatively impact water quality. In
addition, byproducts of these activi-
ties—such as lawn fertilizers and oil and
other waste products from motor vehi-
cles—can combine with runoff and
enter storm water drains, contributing
substantially to water pollution. For
watersheds, the 10-percent impervious-
ness threshold can serve as an indicator
of the cumulative impacts of these con-
tributing factors.
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10
Section 1: Protecting Water Resources at the Regional Level
Photo courtesy of USDA NRCS.
Although the 10-percent threshold is an
indicator of likely impairment at the
watershed level, it does not translate
well as an indicator at the site level.
Some communities have applied the 10-
percent threshold figure at the site level,
however, with the belief that less imper-
viousness at the site level will protect
water quality. Such applications of the
threshold have led some communities to
limit population densities to protect
water quality. A common approach is
the use of zoning to limit housing densi-
ty to one unit per one, two, or even five
acres. This approach attempts to mini-
mize hard surfaces at the site level and
therefore preserve absorbent surfaces.
WANT MORE INFORMATION?
EPA's Office of Water developed a "Growth and Water Resources"
fact sheet that discusses the interaction between development
and water quality. It suggests the following guidelines for build-
ing communities that protect water resources:
• Establish community goals for water resources in the water-
shed.
• Direct development where most appropriate for watershed
health.
• Minimize adverse impacts of development on watershed
health.
• Promote opportunities for restoration.
• Assess and prevent unintended consequences of federal,
state, or local decisions affecting watershed health.
• Plan for safe,adequate,and affordable water supplies as an
integral part of growth.
• Consider the cumulative impacts of growth management
decisions on the watershed.
• Monitor and evaluate the success of initiatives.
More information is available online at: .
This building site in Dallas County, Iowa, represents
many low-density development practices.
Low densities at the site level can
increase imperviousness at the water-
shed level, however, leading to worse
overall water quality. This effect is due to
the fact that the infrastructure and hous-
ing footprint requirements for low-den-
sity development at the site level can
increase the rate at which land within
the watershed is developed. As previous-
ly undeveloped land is converted to
developed uses, pervious open space
and naturally absorbent land is convert-
ed to roads, houses, shopping malls,
businesses, and other uses. The com-
pacted lawns that typically accompany
this style of development function much
differently than natural green space. In
addition, such development also
requires greater amounts of transporta-
tion-related impervious infrastructure,
such as roads, driveways, and parking
lots. Finally, if a development is entirely
auto-dependent—which is generally the
case with low-density development—it
can increase vehicle miles traveled and
associated air pollution, which also
impacts water quality through air-to-
water deposition.
On the other hand, smart growth
approaches—such as reusing previously
developed land; regional clustering; and
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Protecting Water Resources with Smart Growth
11
developing traditional towns, villages,
and neighborhood centers—can accom-
modate the same activity on less land. In
turn, this approach reduces overall
imperviousness at the watershed level,
thus maintaining watershed functions.
As stated in EPAs 2003 Draft Report on
the Environment, higher population den-
sities in concentrated areas can reduce
water quality impacts from impervious
surfaces by accommodating more people
and more housing units on less land.7
Regional efforts are often needed to
effectively coordinate local approaches to
development and achieve better water-
shed-wide results. Regional planning is
the process of evaluating potential
impacts and formulating approaches for
growth in an area that often extends
beyond local jurisdictional boundaries.
The planning might be carried out by a
watershed commission, metropolitan
region, county, or other multi-jurisdic-
tional organization. In particular, region-
al cooperation and planning can be
helpful for implementing smart growth
approaches such as:
• Minimizing imperviousness at the
watershed level rather than the site
level.
• Identifying and preserving critical
ecological areas and contiguous open
space areas.
• Making maximum use of existing
infrastructure and previously devel-
oped sites.
Successful regional approaches, like
those that follow, can reduce overall lev-
els of pollution and still achieve local
economic and community goals. The
policies featured in the remainder of this
section are divided into four issue areas:
1) encouraging development in strategic
areas, 2) funding and fee structures, 3)
regulatory innovations, and 4) educa-
tional efforts.
ENCOURAGING DEVELOPMENT
IN STRATEGIC AREAS
Communities should determine areas
where they want growth to occur and
areas they want to preserve. When such
areas are clearly defined, development is
encouraged on land with less ecological
value, such as previously developed
areas (e.g., brownfields, greyfields) and
vacant properties. Land with higher eco-
logical value, such as wetlands, marshes,
and riparian corridors, is then preserved
or otherwise removed from the pool of
"developable land."
The policies in this section focus on
regional planning practices that can lead
to substantial water quality benefits. For
the most part, these policies support
Smart Growth Principles #6, "Preserve
open space, farmland, natural beauty,
and critical environmental areas," and
#7, "Strengthen and direct development
towards existing communities." The
policies help communities protect water
quality by determining which lands have
the highest environmental value, and
then establishing provisions to preserve
or limit development on those lands.
Development is directed to areas identi-
fied as most appropriate for growth and
where potential runoff impacts can be
minimized.
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12 | Section 1: Protecting Water Resources at the Regional Level
Policy 1. Conduct watershed planning
Watershed planning is a decisionmaking framework that considers water resources
and land uses within an entire watershed area (defined by hydrological boundaries)
when planning for growth and development. This type of planning allows each
watershed to identify specific assets, goals, challenges, and needs that affect the area,
yet cross jurisdictional lines. By identifying priority areas for preservation and devel-
opment at the watershed level, watershed planning helps communities develop poli-
cies and incentives to accommodate growth while minimizing impact. Watershed
planning requires cooperation from a variety of stakeholders, such as state and local
governments, homeowners, environmental organizations, and industry.
Issues to Consider: Managing water resources at the broader watershed scale is
likely to require inter-jurisdictional cooperation. Overlapping jurisdictions might
require that a new entity be formed to coordinate, manage, and/or enforce the
policies generated by the watershed coalition of localities. Such an entity could
be invested with advisory authority only, or it might be given authority to enforce
watershed-wide policies in member jurisdictions.
Practice Tip: The New Jersey Department of Environmental Protection (NJDEP)
recognized that watershed pollutant loads, water withdrawals, and various land
uses were creating new management issues that could not be addressed by regu-
latory programs alone. NJDEP created a watershed management process to
address these issues. NJDEP and the New Jersey Water Supply Authority devel-
oped a partnership to implement this process in the Raritan River Basin, which
provides potable water for nearly 1.2 million people and offers a host of recre-
ational opportunities, habitats for aquatic life, and aesthetic benefits to nearby
residents.8 The goal of this collaborative planning effort was to involve all stake-
holders, including farmers, developers, watershed groups, and communities to
develop a watershed management plan for the Raritan River Basin. The resulting
watershed management plan supports development of target pollutant load
reductions, determines where and how development will occur, and identifies
specific actions for restoring certain watershed functions.
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Protecting Water Resources with Smart Growth
13
Policy 2. Develop a regional comprehensive plan
A comprehensive plan (also known as a master plan or general plan) illustrates a
community's vision for future growth and development. Most often completed by
cities or counties, comprehensive plans project population growth, economic activi-
ty, land uses, and other related issues for five-, 10- or 20-year periods into the
future. In some cases, states might review the plans to ensure compliance with state
guidelines for growth and/or with federal guidelines for certain types of funding.
Comprehensive planning is equally valuable at the regional level, which is typically
multi-jurisdictional. Absent a state law to mandate regional comprehensive plan-
ning, a region can build a coalition to manage growth by voluntarily establishing a
comprehensive planning approach. The state could support the effort by offering
incentives to regions to initiate this process. The comprehensive planning process—
although sometimes laborious and difficult—can be an effective way for different
groups to discuss common regional goals and understand each other's priorities.
Such an effort might be best initiated by focusing on a specific aspect of regional
growth, such as an area's natural resources and their relationship to future land use.
To achieve water quality goals, comprehensive planning could focus on watersheds
and be used to create plans to direct development to encourage sustainability of the
region and protection of the region's water resources. Such a method could build on
an approach taught by the Nonpoint Education for Municipal Officials (NEMO),
which focuses on completing natural resource-based inventories as a type of com-
prehensive plan. Recognizing that lands have different ecological value, NEMO rec-
ommends identifying three categories of land: 1) land that has been developed or
otherwise is not in circulation, 2) land that contains critical natural resources that
must or should be preserved in perpetuity (e.g., wetlands), and 3) land that is
developable (e.g., brownfield, infill, and greyfield sites). This process allows plan-
ners to take a larger, regional view of available land and
natural resources and combine this knowledge with cur-
rent development and growth trends. This planning
approach, if implemented consistently across the water-
shed, can produce a realistic, implementable plan to
guide development at the regional level.
WANT MORE
INFORMATION?
Natural Resource-Based
Planning for Watersheds:
A Practical Starter Kit, a
simple booklet that
explains NEMO's water-
shed planning approach,
is available online at:
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14 I Section 1: Protecting Water Resources at the Regional Level
Practice Tip: In August 2000, in Denver, Colorado, five counties and 25
municipalities representing more than 75 percent of the region's population
adopted the Mile High Compact, the nation's first voluntary city- and county-led
effort to guide growth. The compact is an intergovernmental agreement, through
which cities and counties agree to develop comprehensive plans or master plans
that support Denver's Metro Vision 2020, the region's long-term plan for growth.
Growth consistently ranks in citizen surveys as the region's top concern, and the
compact demonstrates that local elected officials are responding to and manag-
ing growth. Many mayors, city council members, and county commissioners
officially committed themselves and their communities to the process of plan-
ning for growth by attending a symbolic signing ceremony to kick off the Mile
High Compact. Adopted in 1997, Metro Vision 2020 has six core elements: 1)
urban growth areas; 2) a balanced, multi-modal transportation system; 3)
preservation of open space; 4) urban centers; 5) free-standing communities; and
6) clean air and water for the region.9
Policy 3. Implement watershed-based zoning districts
Local governments are most often the jurisdictions responsible for implementing
ordinances or regulations—including zoning—that govern land use. These regula-
tions are sometimes consistent with those of neighboring jurisdictions or with water
quality protection principles. Land use planning for water protection is most effective
when it covers all land that affects the waterbody in question. Therefore, establishing
watershed-based zoning districts can support a comprehensive management approach.
Watershed-based zoning involves defining existing watershed conditions, projecting
potential future impervious cover, and redistributing future growth and develop-
ment through plans and zoning to those areas that would have the least impact on
stream or lake water quality. To assist in this effort, zoning districts can be estab-
lished to set an overall impervious cover threshold or limit for the district.
Watershed-based zoning implies that some portions of a watershed will be devel-
oped more intensely than others, but the overall goal is to reduce impervious cover.
Specifically, a watershed-based zoning approach should include the following steps:
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Protecting Water Resources with Smart Growth | 15
1. Conduct a comprehensive stream inventory.
2. Measure current levels of impervious cover.
3. Verify impervious cover/stream quality relationships.
4. Project future levels of impervious cover.
5. Classify subwatersheds based on stream management "templates" and current
impervious cover.
6. Modify master plans/zoning to correspond to subwatershed impervious cover tar-
gets and other management strategies identified in subwatershed management
templates.
7. Incorporate management priorities from larger watershed management units such
as river basins or larger watersheds.
8. Adopt specific watershed protection strategies for each subwatershed.
9. Conduct long-term monitoring to periodically assess watershed status.10
Practice Tip: Holliston, Massachusetts, experienced unprecedented growth that
began to affect regional water resources and the natural systems that support
them. As a result, the Charles River Watershed Association developed an envi-
ronmental zoning approach with five components:
1. Comprehensive wastewater management planning.
2. Assessment and prioritization of environmental resources and their
function, and hydrology.
3. A water budget to meet the town's current and future needs.
4. Stormwater management practices.
5. Land use tools to protect and enhance Holliston's drinking-water resources.
The association is working with the Holliston Bylaw Committee to develop envi-
ronmental zoning bylaws to protect the town's water resources.11 Once these
bylaws are in place, developers will have increased predictability as to where
and how they can develop and what, if any, additional mechanisms need to be
implemented to protect the community's water resources.
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16
Section 1: Protecting Water Resources at the Regional Level
Brownfield or infill
properties, such as this
one, are perfect areas
to designate as special
development districts.
Policy 4. Designate special development districts
Special development districts (also known as special zoning districts)
are created to achieve comprehensive planning and urban design
objectives within a specified area of a community. The special district
allows a community to augment existing zoning regulations (if present)
with targeted development criteria to achieve a special, geographically
focused goal. The process might also facilitate a more comprehensive
approach to zoning in areas where no development regulation formerly
existed. Special development zones can offer incentives to encourage development
in the targeted area that complies with the district goals. For example, a transit-ori-
ented zoning district might feature compact, mixed-use zoning along key corridors,
and offer financial incentives or density bonuses to encourage development that
supports a greater use of public transit. Other examples include main street revital-
ization districts, historic districts, and brownfields targeted for redevelopment.
Special development districts can be used to achieve water goals by encouraging
development in targeted areas best able to mitigate potential water quality impacts.
For example, to reduce stormwater runoff, a community can use districts to encour-
age development that incorporates site-level filtration features or to absorb higher-
density development that represents a lower per capita imperviousness rate than
would be the case on the urban fringe. When special development or zoning dis-
tricts are successful in absorbing development that would otherwise take place on
the urban fringe, the pressure to develop open space is reduced and water quality
benefits result. Even those districts that aim primarily to achieve other objectives
might yield water quality benefits. For example, transit-oriented districts might
reduce vehicle emissions and exhaust deposits that pollute water resources through
air deposition.
Issues to Consider: Some local governments use impervious surface zoning dis-
tricts, which generally set maximum levels for the amount of impervious surface
within a zone or, more commonly, on a parcel. For example, no more than 20 per-
cent of a parcel can be covered with impervious surfaces, such as rooftops, drive-
ways, or accessory buildings. Although intended to address overall impervious-
ness within the watershed, application of maximum levels of imperviousness on a
parcel-by-parcel basis through a surface district might not help meet stormwater
objectives, and could in fact exacerbate water quality problems, particularly on a
watershed scale, by encouraging low-density scattered development. From a
smart growth perspective, special districts are best used to achieve water quality
improvements by creating incentives for infill or more compact, transit-oriented
growth, thereby relieving pressure on open spaces; applying imperviousness lim-
its on a parcel-by-parcel basis can be counterproductive.
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Protecting Water Resources with Smart Growth | 17
Policy 5. Coordinate development and conservation plans
Protecting critical natural resources and planning for future development are often
handled as two separate planning processes. For example, a regional environmental
authority might be responsible for designating areas for preservation and establish-
ing a plan that reflects those priorities. As a separate effort, a local planning authori-
ty might create a plan that describes where and what type of future development
will take place. Coordinating these two types of efforts can help protect critical
water resources such as wetlands and riparian barriers.
The independence of each process is most evident when planning commissioners
face vocal opposition to a proposed development, such as claims that a proposed
development will destroy the "last" or the "most productive" wetland in the commu-
nity. Planning commissioners and their staffs might not have access to the type of
ecological information they need to determine the validity of these claims. By ensur-
ing access to information about local plans for growth and regional or state plans for
conservation, communities can improve the preservation of sensitive lands and
increase predictability within the development process. These two different planning
efforts can be shown by overlaying maps to highlight potential conflicts in the two
plans and to identify areas of commonality in which local development policies can
reinforce regional conservation efforts.
Issues to Consider: Some local governments maintain several development and
conservation plans; some could have overlapping geographic areas, but others
might not. Identifying these different plans and ensuring that the same areas are
analyzed can be a challenge, but well worth doing.
Practice Tip: A handful of communities in Southern California have stream-
lined the planning process to ensure that local development and regional con-
servation plans support one another. Orange, Riverside, and San Diego counties
integrate special area management, habitat conservation, and local development
plans with each other. Overlaying and comparing the plans represented the first
step in determining potential areas of agreement and disagreement about where
development should be directed, and where land should be preserved. This
activity resulted in fruitful negotiations during which developers and landown-
ers set aside areas for development, areas for endangered species habitat, and
areas that support critical watershed functions. By better coordinating the two
types of plans, urban planners and conservationists are better able to protect
water resources and habitat by considering development patterns at the water-
shed level.12
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18
Section 1: Protecting Water Resources at the Regional Level
Photo courtesy of U.S. EPA.
WANT MORE
INFORMATION?
EPA maintains a policy
database on innovative
zoning ordinances online
at: .
Policy 6. Allow higher densities
A community that allows higher densities can accommodate
more housing, business, and commercial uses on a smaller
footprint than is possible with lower densities. For example, a
community that needs to accommodate 100 houses will dis-
turb 10 acres if the allowed density is 10 units per acre, as
compared to 100 acres if the allowed density is one unit per
acre. A smaller development footprint means less overall
impervious cover and less disturbed land, both of which will
better protect regional water resources. In addition, higher
densities contribute to more vibrant neighborhoods.
King Farm, a development
in Montgomery County,
Maryland, a I lowed higher
densities in order to pre-
serve open space, such as
this riparian buffer.
Zoning can be modified to encourage higher densities in exist-
ing communities and in greenfield developments. For example,
when Montgomery County, Maryland, encouraged higher den-
sities in its greenfield development, the first suburban new
urbanist development, Kentlands, was born. More than 2,100
residential units and 2 million square feet of commercial and
retail uses were accommodated on 236 acres, resulting in a net density of approxi-
mately nine units per acre. This level of density was considerably higher than the
surrounding community, which had densities in the range of two to four units per
acre. If the same 2,100 residential units were accommodated at two units per acre,
the development would have required an additional 814 acres of previously unde-
veloped land. Preserving large, continuous areas of open space and sensitive ecologi-
cal areas is critical for maintaining watershed services.
Another way to think about higher densities is to imagine that Manhattan, which
accommodates 1.54 million people on 14,720 acres (23 square miles),13 had been
developed not at its current density, but at one or four housing units per acre. At
one house per acre, Manhattan would need approximately 1.525 million more acres
or an additional 2,283 square miles to accommodate its current population. That is
approximately twice the size of Rhode Island. At four houses per acre, Manhattan
would need approximately 370,000 more acres or an additional 578 square miles.
Higher densities reduce the amount of land developed and, therefore, overall
regional impervious cover.
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Protecting Water Resources with Smart Growth
19
Practice Tip: New Jersey's State Plan calls for increasing densities in the state by
directing development to existing communities and existing infrastructure.
Researchers at Rutgers University analyzed the water quality impacts from cur-
rent development patterns versus the proposed more compact development pat-
tern. The study found that the proposed development would save 122,000 acres
of developable land. This savings translates into significantly less water pollution
than current development for all categories of pollutants.14 The reductions
ranged from more than 40 percent for phosphorus and nitrogen to 10 percent
for lead. Moreover, the proposed development would reduce runoff by 30 per-
cent.15 These conclusions supported findings from a similar statewide study,
completed in 1992, that concluded that compact development would result in
30 percent less runoff and 40 percent less water pollution than a sprawl sce-
nario would.16
Policy 7. Use density averaging
Calculating density requires a community to consider the appropriate level of devel-
opment for a particular area, given the character, neighborhood context, amenities,
and anticipated use of the area. In previous efforts to limit impervious cover, some
communities have lowered their desired density, thereby dispersing the same
amount of development across a wider geographic area. As a better alternative, juris-
dictions can use "density averaging" when setting acceptable limits of development,
thereby targeting growth to some areas and away from other areas.
Density averaging aids in the preservation of critical ecological areas by helping to
direct growth pressures elsewhere. It can provide an option for communities want-
ing to increase densities in central areas, for example, while limiting growth in more
outlying areas. In fact, this practice acts as an informal trading system within a
watershed, redirecting growth to areas that can best absorb it and away from areas
where it poses the greatest threat. Density averaging allows for the most efficient use
of space within areas that might be the most expensive as well.
Density averaging calculates the number of units that could be constructed on a par-
cel based on existing zoning policies and transfers all or some portion of those units
to a separate, non-contiguous parcel.
WANT MORE
INFORMATION?
North Carolina encourages
density averaging through
its watershed manage-
ment efforts. For more
information and a copy of
the guidelines, contact the
Water Quality Committee
of the Environmental
Management Commission
at (919) 773-5083, ext. 566.
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20
Section 1: Protecting Water Resources at the Regional Level
Policy 8. Preserve open space, including critical
environmental areas
WANT MORE
INFORMATION?
The Center for Watershed
Protection offers addi-
tional water quality infor-
mation on critical envi-
ronmental areas at:
or .
Preserving and main-
taining riparian buffer
areas are critical for
ensuring water quality.
Planning for growth requires that land be identified to accommodate residential,
commercial, and industrial needs. In addition, regional planning efforts must con-
sider community needs for open space that provide recreational, aesthetic, and natu-
ral functions. An open landscape helps preserve the geographical distinction of an
area, thereby fostering a strong sense of place. Indeed, preserving open space is con-
sidered so central to successful communities pursuing smart growth strategies that it
is listed as the sixth Smart Growth Principle, "Preserve open space, farmland, natu-
ral beauty, and critical environmental areas."
Preserving open space is critical to maintaining water quality at the regional level.
Large, continuous areas of open space reduce and slow runoff, absorb sediments,
serve as flood control, and help maintain aquatic communities. In most regions,
open space comprises significant portions of a watershed, filtering out trash, debris,
and chemical pollutants before they enter a community's water system. Open space
provides a number of other benefits, including habitat for plants and animals, recre-
ational opportunities, forest and ranch land, places of natural beauty, and important
community space.
In addition, preserving land that serves strategic ecological functions (e.g., wetlands,
buffer zones, riparian corridors, floodplains) is critical for regional water quality. For
example, buffer strips decrease the amount of pollution entering the water system.
Tree and shrub roots hold riverbanks in place, preventing erosion and resulting sed-
imentation and turbidity. River and lakeside grasses slow the flow of runoff, giving
the sediment time to settle and water time to percolate, filter through the soil, and
recharge underlying groundwater. Wooded buffers offer the greatest protection; for
example, according to one study, when soil conditions are ideal, a 20- to 30-foot-
wide strip of woodland can remove 90 percent of nitrates.17 By slowing and holding
water, wetlands and buffer zones increase groundwater recharge, directly reducing
the potential for flooding.
Communities are developing open space conservation pro-
grams that target the most critical areas for preservation,
working with public or nonprofit organizations to acquire
lands outright, purchase them, or arrange for conservation
easements, which restrict future development. Conservation
easements, for example, provide a more economical means to
preserve open space than an outright purchase. A conservation
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Protecting Water Resources with Smart Growth
21
easement is a legally binding agreement that limits or prohibits certain uses from
occurring on a property that would interfere with its conservation. Although they
restrict development, such voluntary easements often allow for land uses—such as
limited forest harvesting, limited residential development, or agriculture—that yield
financial returns to the property owner and are consistent with the long-term health
of the watershed.
Issues to Consider: Acquisition of land or permanent limits on development can
be costly, particularly if the targeted open space is in an area under growing
development pressure. Privately owned farmland,forests, and other"green space"
often represent the lifetime savings of family farmers. As such, any successful
attempt to acquire the lands for future public benefit will require an expenditure
that closely matches its market value for development. Further, although the com-
munity benefits from such open space are numerous, they tend not to be widely
understood by the general public, so public outreach and education might be
necessary.
Land preservation efforts must be conducted in a comprehensive and consistent
manner to ensure that the most critical environmental areas are preserved in
their entirety and connected to other areas through greenways or riparian corri-
dors, as appropriate. Without taking a comprehensive approach, land preservation
can occur in a scattered manner, effectively eliminating or significantly reducing
natural ecological functions. Finally, efforts to preserve land in some areas must
also correspond with plans to accommodate development in other areas, ensur-
ing that overall growth is not restricted, but redirected.
Practice Tip: In the face of declining water quality, Hillsborough County,
Florida,18 decided to take a proactive approach to managing development. With
the help of Duany Plater-Zyberk & Company, Hillsborough town planners
mapped out areas that were currently developed by "blacking out" those areas
on a county map; they likewise marked currently preserved or protected areas.
County planners, local officials, and citizens then discussed the use of the
remaining areas through a series of public meetings and visioning sessions. The
process resulted in the identification of additional areas to preserve because of
their environmental value, such as riparian buffers and wetlands, or because of
their social or recreational value. As a result of this collaborative process,
Hillsborough dramatically increased the amount of its open space, thereby better
protecting its water resources, and increased predictability for developers, who
now have a much better sense of which lands are ripe for future development.
WANT MORE
INFORMATION?
The Trust for Public Land
developed Greenprints for
Growth, a step-by-step
guide for identifying,
purchasing, and manag-
ing community open
space.lt is available
through its Web site at:
.
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22 | Section 1: Protecting Water Resources at the Regional Level
Policy 9. Direct development through transferable
development rights
Existing zoning, in most cases, prescribes the type and quantity of use that is allow-
able on a given piece of land. There are few exceptions, such as variances and spot
zoning changes, that are likely to result in a different use than that predetermined in
the zoning code. A transfer of development rights (TDR) program offers property
owners more flexibility in how they use their land and provides communities with a
means to redirect growth away from areas most likely to impact a region's water quality.
A TDR program allows landholders in sensitive areas to transfer their development
rights to other, more appropriate locations, such as less sensitive areas, or areas
where infrastructure already exists. TDR ordinances establish a sending (or preserva-
tion) area and a receiving (high-density growth) area. Landowners in the sending
area receive credits equivalent to their development rights under current zoning
guidelines. They can then sell these credits in exchange for not developing their
land (administered through deed restrictions on the sending area parcels) or devel-
oping it at a far lower density (administered through zoning restrictions). Real estate
developers can purchase these development-right credits and use them to increase
existing or planned densities on parcels in receiving areas. By providing an econom-
ic incentive for preserving undeveloped land, TDRs allow a community to preserve
important open space resources while permitting owners of property in targeted
areas to recoup the value of the property's development potential.
Issues to Consider: Some states do not have legislation in place to support such
transfers. If the statutory authority does not exist, the aid of state legislators will
be required to create an appropriate legislative environment to support the
development of local TDR programs.
Practice Tip: In 1980, Montgomery County, Maryland, downzoned agricultural
land from a maximum density of one house per five acres to one house per 25
acres. The county also designated this land as a Rural Density Transfer Zone (the
TDR sending area), allowing landowners to sell one development right per five
acres. The county established an initial receiving area, which could accommo-
date up to 3,000 development rights. Each development-right purchase entitled
receiving area landowners to build one more housing unit per acre than other-
wise would have been allowed. By the end of the 1997 fiscal year, the program
had accommodated the same amount of overall units, but protected 39,180
acres that would have otherwise been developed. By transferring rights to devel-
op, Montgomery County directed development to previously developed, more
appropriate areas, and protected areas that could be more sensitive to develop-
ment or likely to impact water quality19
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Protecting Water Resources with Smart Growth | 23
Policy 10. Coordinate development planning with sewer and
water authorities
Often plans for water and sewer service expansion are more heavily influenced by
utilities' projections for future demand than by a community's growth priorities.
Once water and sewer expansions are approved and constructed, development fre-
quently follows, whether or not it supports other community goals for targeted and
directed development.
Sewer and water authorities can play a major role in directing a region's growth by
determining when and where new infrastructure investment will occur. Well-drafted
facility planning areas can direct growth by providing sewer service in areas least
likely to impact water resources. Decisions on how and where to provide sewer
service, as described in a facility planning area, affect not only the quality of waste-
water treatment available to residents but also where open land can be developed.
Planning/infrastructure coordination is easier if extensions of existing facility plan-
ning areas require the approval of the regional or state environmental agency or
planning agency20 In this way, facility planning areas can be a strong tool to deter-
mine how and where a community will grow.
For example, the state of Wisconsin uses planned sewer service areas as a tool to
integrate wastewater infrastructure and local planning efforts. As a rule, Wisconsin
automatically excludes environmentally sensitive areas such as wetlands, steep
slopes, and floodplains from consideration for current or future service extensions.
The development of these areas must correspond with the goals of the local compre-
hensive plan, and not depart from any other ordinances directing growth and
resource protection. The state estimates that these efforts to protect natural areas and
incorporate land use planning can prevent the loss of millions of dollars due to the
destruction of habitats, impairment of water quality, and cleanup associated with
failing wastewater treatment methods.21
Issues to Consider: Critics of planned sewer areas argue that by directing growth
towards designated communities and regions, sprawl and degraded water quality
can result. Others dispute the potential role of the state or regional agency in con-
sidering local plans for growth. In addition, facility planning areas can cause
neighboring municipalities to argue about the placement of sewer service in an
effort to attract growth to their own jurisdictions and boost property taxes and
other revenues.These conflicts must be addressed and resolved to achieve the
maximum beneficial results planned sewer service can provide.
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24 I Section 1: Protecting Water Resources at the Regional Level
Practice Tip: In Ohio, the city of Columbus' Division of Sewerage and Drainage
plays a critical role in shaping the growth of the region. The division has devel-
oped a facilities plan update that calls for centralized wastewater treatment serv-
ices to be provided within the facility planning area boundary. The city will not
extend its sewerage services beyond this boundary—strongly encouraging devel-
opment within the boundary. In addition, recognizing the role that sewer infra-
structure plays in regional growth patterns, the facilities plan articulates the fol-
lowing goals22:
• Protect critical water resources, especially in the Darby Watershed
• Maximize existing infrastructure investments
• Incorporate watershed planning
• Mitigate stormwater impacts from urban development
• Curb urban sprawl
Policy 11. Limit development on land near public wells
Traditional zoning practices often do not take into account the location of drinking
water sources, and as a result might permit growth near public wells. This practice
can impact the quality and supply of drinking water sources. Fertilizers, for exam-
ple, when used on agricultural lands or sites with extensive landscaping (e.g., golf
courses) can mix with runoff water and contaminate groundwater sources. Most
zoning practices focus on the designated use of a zoned area and do not consider
the location of drinking water sources or the impacts development can have on
these sources.
Some municipalities have chosen to restrict or prohibit development near drinking
water sources using approaches such as zoning or ordinances. Others require the
use of best management practices to limit water quality impacts. Limiting develop-
ment near public wells helps direct development to existing communities, including
infill and brownfield sites.
Issues to Consider: Limiting development near drinking water sources can be
controversial and require collaboration with potential developers and other
stakeholders. Water quality ordinances can help provide flexibility for developers
willing to take adequate measures to protect water resources. Unfortunately, lim-
iting development near wells will not completely prevent contamination of
groundwater. Contaminants can enter groundwater at areas distant from the
wells, particularly in recharge areas, and travel with groundwater flow.
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Protecting Water Resources with Smart Growth
25
Policy 12. Consider the cumulative and secondary
impacts of development in the floodplain
Most state and local governments require only existing development to
be included on floodplain maps; however, these maps should also include
future development and infrastructure in and out of the floodplain to
ensure that floodplains continue to serve their natural functions.
The Federal Emergency Management Agency (FEMA) requires local governments to
delineate floodplains. In most cases, designated floodplains are subject to local or
federal development restrictions, which can range from requiring flood insurance to
incorporating flood mitigation measures. Although local governments must examine
current and future development in the floodplain, they do not always consider sec-
ondary impacts from that development. For example, local governments might not
evaluate future residential development stemming from a new road, but the cumula-
tive impacts of these secondary impacts can be significant, such as increased runoff
and peak flow rates from the increase in impervious cover—both of which can
expand the floodplain. In Charlotte, North Carolina, for example, impervious sur-
faces such as parking lots and roads have made it more difficult for water to be
absorbed into the ground and, in turn, have expanded the 100-year flood area.
To better protect regional water resources, the cumulative and secondary impacts of
development in the floodplain should be considered before development occurs. By
better representing where and how future development will occur, and incorporat-
ing these findings into flood zone maps, communities can ensure that growth is
directed away from environmentally sensitive areas where the floodplain areas could
be impacted by development, thereby protecting water resources. Communities
can further prevent development in flood-prone areas by directing growth to less
hazard-prone, more highly developed areas.
Not considering the
cumulative and
secondary impacts of
development can
have disastrous
consequences.
Practice Tip: To improve its ability to identify flood-prone areas, and avoid a
repeat of the devastating effects of Hurricane Floyd, the state of North Carolina
revamped its process of developing floodplain maps by expanding the areas to
be included. Charlotte became the first community in the country to include
future development on its floodplain maps. The new maps are incorporated into
local decisions about where to allow construction, and are used to enforce more
stringent regulations for growth in and out of the floodplains. Furthermore, new
construction in a regulated floodplain requires a special permit. Charlotte esti-
mates that the new maps will keep more than 1,500 new structures out of the
floodplain during the next 30 years, saving Charlotte citizens more than $330
million in possible losses.23
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26 | Section 1: Protecting Water Resources at the Regional Level
Policy 13. Update combined sewer and sanitary sewer
systems in downtown areas
Outdated water and wastewater systems can limit development or redevelopment in
some areas of the United States. To encourage development in these areas, munici-
palities and states are advised to upgrade and expand the sewer and water infra-
structure in existing communities. For those areas where systems are at or near
capacity but where the municipality still wants to direct development to them for
planning reasons, a matching funds program could be made available to developers
to mitigate the high costs of sewage repair and replacement.
Expenditures to correct overflow problems and address other lagging maintenance
and repair issues could be targeted to redevelopment areas to help revive urban eco-
nomic vitality, especially in cities that are restoring waterfronts as part of downtown
revitalization efforts. Public expenditures on infrastructure, such as streets, high-
ways, water and sewer systems, lighting, and schools and other civic buildings, con-
stitute a significant share of public expenditures each year. Whether they intend to
or not, local and state governments are essentially defining locational priorities for
new development when they allow infrastructure in existing neighborhoods to
decay while investing in new infrastructure in edge communities. By not addressing
problems with the older infrastructure, the local government creates a larger fiscal
problem each year that the maintenance issues are not evaluated.
Issues to Consider: System retrofits can be costly and can result in increased
rates. Higher rates can deter businesses that otherwise would have developed in
the city and lead them to relocate in areas where rates are lower.
Practice Tip: In Richmond, Virginia, combined sewer overflows (CSOs) were
creating an unsightly and smelly environment that was inhibiting the redevelop-
ment and orientation of tourism surrounding the James River. The city decided
to address the CSOs as an aesthetic and environmental problem affecting the
city's waterfront. To help solve the city's CSO problem, the Virginia Department
of Public Utilities embarked on a $117 million CSO control program. The city
identified overflow discharge points in recreational and other public areas and
redirected flow to a retention basin. This program also corresponded with the
restoration of the historic canals and revitalization of the downtown riverfront.24
Now the city can promote a more visible riverfront as a civic amenity.
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Protecting Water Resources with Smart Growth
27
Policy 14. Develop infill sites
Numerous sites in cities across the United States remain underutilized or vacant; in
some communities, the number of such properties is growing. For example, in
Philadelphia, Pennsylvania, an average of 1,348 properties were abandoned each
year from 1984 to 2000.25 Abandoned properties decrease the value of surrounding
properties, pose fire hazards, and attract crime. Therefore, the redevelopment of
these properties not only helps revitalize existing communities, but also serves to
reduce development pressure on land critical to maintaining water quality.
Infill development means reusing underutilized or vacant land located in an existing
neighborhood. Infill development promotes water quality by accommodating
growth on sites that could already be impervious, thus eliminating the need for any
new impervious cover and the need to disturb new land during construction.
Developing infill sites can reduce pressure for development on open land providing
critical water functions (such as infiltration or source water supply) on the urban
fringe. When they are redeveloped at higher densities, infill sites also provide local
governments an opportunity to ensure that more people are located in areas with
existing infrastructure, housing choices, and transportation choices.
Infill development might also represent an underutilized resource for communities
that otherwise feel that new growth and development can be accommodated only
on undeveloped land at the urban fringe. A recent analysis completed by King County
Washington, for example, demonstrated that vacant property eligible for redevelop-
ment in the county's growth areas could accommodate 263,000 new housing units—
enough for 500,000 people.26 Redeveloping these assets represents a significant
opportunity for new growth without degrading water quality. Additional onsite land-
scaping methods or development techniques that mimic the predevelopment site
hydrology can further promote water quality benefits. Communities can encourage
infill development through funding incentives or flexible regulations and zoning.
WANT MORE
INFORMATION?
Smart Growth America,
the International
City/County Management
Association, the National
Trust for Historic
Preservation, and the
Local Initiatives Support
Corporation recently
launched the National
Vacant Properties
Campaign. Details are
available at: .
Practice Tip: Clark County, Washington, adopted an ordinance in 2002 that
encourages infill development and recognizes the stormwater benefits associated
with it. The ordinance applies to selected districts as well as lots less than two
acres in size that adjoin existing development and are served by existing infra-
structure. Two types of infill development are allowed: 1) detached single-family
housing with lot sizes smaller than under regular zoning, and 2) attached and
detached single-family housing, duplexes, and multi-family housing. Lot cover-
age can be up to 60 percent, or 70 percent with a variance. Developers might
also receive density bonuses, plus infill projects are exempt from stormwater
regulations if they create less than 5,000 square feet of new impervious surface.27
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28
Section 1: Protecting Water Resources at the Regional Level
Policy 15. Redevelop brownfields
WANT MORE
INFORMATION?
EPA information on how
to remediate, market, and
develop brownfields is
available at:
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Protecting Water Resources with Smart Growth
29
development, noted, "In a redevelopment site [in contrast to a greenfield develop-
ment] you're really not changing the stormwater drainage dynamics from what pre-
viously existed."30
Practice Tip: Atlantic Station, a redevelopment project on a former industrial
site in Atlanta, Georgia, illustrates the water quality benefits achieved by rede-
veloping a brownfield site. The centrally located, mixed-use site design accom-
modates approximately 3,100 residential units and 7 million square feet of
retail, office, and hotel space on 138 acres. If these same housing units and
commercial space were constructed elsewhere in the region at densities typical
for the region, the same development would require almost 1,200 acres. By
using less land for development, less soil is disturbed during construction,
decreasing soil erosion. In addition, modeling results suggest that the compact
nature of the Atlantic Station site generates approximately five times less runoff,
four times fewer total suspended solids, six times less total nitrogen, and 16
times less total phosphorus than the low-density alternative site designs.31
Policy 16. Redevelop greyfields
Greyfield sites are abandoned, obsolete, or underutilized properties, such as regional
shopping malls and strip retail developments. Although typically not viewed by
communities as potential sites for residential land uses, these properties often have
significant redevelopment potential because of their large size, existing infrastruc-
ture, and established community presence.
Like other infill development, greyfield redevelopment can absorb growth that
might otherwise convert green space on the urban fringe. Redeveloping greyfield
properties provides a range of economic and social benefits, including the opportu-
nity to bring new life to blighted commercial spaces, locate new services and ameni-
ties in close proximity to existing transit networks, and max-
imize a community's existing investments in water, sewer,
and road infrastructure.
Communities can reap many benefits by converting these
large, vacant, or underused shopping areas into new mixed-
use neighborhoods. Also, by incorporating smart growth fea-
tures—such as compact development, the provision of open
space, and reduced parking requirements—greyfield redevel-
opment can yield significant environmental benefits. For
instance, redevelopment can actually reduce a site's impervious
Photo courtesy of U.S. EPA.
Market Common, a devel-
opment in Arlington,
Virginia, that includes
stores, apartments, town-
homes, single-family hous-
es, parking garages, and a
one-acre public park, was
built on a former Sears
store and parking lot.
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30 | Section 1: Protecting Water Resources at the Regional Level
WANT MORE
INFORMATION?
In 2002, the Congress for
the New Urbanism pub-
lished Turning Greyfields
into Gold fie Ids: Dead Malls
Become Living
Neighborhoods, available
for purchase online at:
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Protecting Water Resources with Smart Growth
31
Communities can employ a range of strategies to maximize transportation choices.
For example, they can use zoning and tax incentives to create more walkable com-
munities, characterized by mixed land uses, compact building, and inviting pedes-
trian corridors. Local governments can zone for a mix of uses to develop stores,
schools, and restaurants within walking distance of each other. Or they could pro-
vide tax incentives to encourage residential development in downtown areas that are
dominated by offices.
By providing people choices on how to get to the places they want to go, such as
fast, reliable buses and trains; bike paths; or walking routes, air emissions from
mobile sources can be reduced. By providing amenities such as bus shelters and
bike racks, governments can increase the likelihood that the public will use these
alternative transportation methods. Allowing individuals to substitute walking, bicy-
cling, or other modes of transportation for trips that once required a car can reduce
congestion and traffic and improve water and air quality.
FUNDING AND FEE STRUCTURES
Monetary incentives and disincentives are powerful tools for influencing, directing,
or altering growth patterns to minimize their water quality impact. Fees can be
structured to encourage desired outcomes, such as better stormwater control. Fees
can be calculated to reflect the true cost of water degradation resulting from devel-
opment. Plus, fees and service charges are among the most direct means available to
communities to demonstrate development and environmental priorities.
The appropriate and even-handed use of fees can augment public loans and other
funding resources and provide a needed source of capital for communities to invest
in upgrades, expansions, and other enhancements to their water infrastructure sys-
tems. Low-interest loans, grants, and other resources are available through federal
and state governments, as well as some private and nonprofit sector partners, to
help communities improve their water systems through smart growth approaches.
This subsection provides examples of funding sources that can be used to improve
water quality through smart growth.
WANT MORE
INFORMATION?
EPA developed the Smart
Growth Funding Resource
Guide, a list of funding
resources for local and
state governments, com-
munities, and non-gov-
ernmental organizations
that are addressing the
varied aspects of smart
growth. It is available at:
.
Policy 18. Create a stormwater utility
Fees to address stormwater issues are generally raised by a local utility through per-
mit fees, water and sewer fees, and any fines levied against a permit violator. These
local utilities generally use the funds raised within the locality to address problems
or issues in that same area.
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32
Section 1: Protecting Water Resources at the Regional Level
WANT MORE
INFORMATION?
The Center for Urban
Policy and the
Environment at Indiana
University-Purdue
University Indianapolis
has extensive information
on how to create and
manage storm water utili-
ties. Details are available
at: .
A stormwater utility, however, is a special district created to generate a stable funding
source for stormwater management across a specific region. Funds are generated
through user fees and generally used for system upgrades or other stormwater runoff
mitigation efforts. The stormwater utility approach provides revenue and a flexible
means of implementation applicable under many different state laws and across environ-
mentally diverse areas. Stormwater utilities can also motivate partnerships and sup-
port a more regional approach to at least one aspect of water resource management.
Various methods are currently used by stormwater utilities to determine user fees.
Many base their fees at least in part on the percentage of impervious cover of devel-
oped land, sometimes at the parcel level. Many use the parcel-level calculation only
for commercial properties, however, and simply charge a flat rate for residential
properties. Some municipalities employ more sophisticated residential user fee cal-
culations that also consider fees for nearby public roads.
As of late 2000, more than 400 municipalities nationwide had created some form of
stormwater management utility35 Although this approach is still being shaped and gain-
ing momentum, it offers a way to create incentives for smart growth developments,
especially as user fee calculation increases in sophistication. For example, waivers or
fee reductions could be given for compact construction and high-density development.
Issues to Consider: Calculating utility fees can be challenging and contentious.
Many cities have determined that the most equitable approach to calculating util-
ity fees is based on the amount of impervious area on each property. Other fac-
tors, such as property size, can also be considered in determining fees. Other com-
munities have determined that a more convenient means to assess fees is to
charge a flat rate. Although charging a flat rate could be more cost-effective in the
shortrun for residential properties, doing so fails to reflect the benefits of com-
pact, mixed-use development, and thus encourages dispersed, detached develop-
ment. A compounding factor is that the user fee amount is usually quite small (e.g.,
$2.95 per house); therefore, it is unlikely to drive alternative site design choices,
either by homebuyers or developers. Stormwater utilities typically require enabling
legislation at the state level (if statutory authority does not already exist) to be
established, as they levy taxes to finance operations and capital improvements.
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Protecting Water Resources with Smart Growth
33
Policy 19. Use wastewater fees to fund watershed-level
planning
Wastewater fees are typically used for wastewater treatment, capacity upgrades, and
ongoing operation and maintenance costs. Some communities might also want to
consider using some portion of wastewater fees to fund regional watershed-level
planning, particularly if lack of funding is an obstacle to watershed-level planning.
Most municipalities have only enough resources to address planning issues within
their own jurisdictions. Using a portion of the wastewater fees to support water-
shed-wide planning will not only support cross-jurisdictional planning, but might
also help create a coalition of interested parties. Fees collected through wastewater
assessments can be used to fund partnerships or authorities involved in watershed
planning. In particular, resources can be used to support pilot projects, technologi-
cal innovations, infrastructure improvements, or the planning for development in
and around a watershed.
Practice Tip: The Cherry Creek Basin Water Quality Authority, a regional water
authority created by Colorado's legislature in 1985, operates under state law to
undertake various water quality and capital projects and assess fees for the
Cherry Creek basin. The Authority is funded through a portion of local waste-
water treatment fees (approximately $1.5 million per year) assessed and collect-
ed by the authority36
Policy 20. Vary sewer hookup fees for existing and suburban
fringe locations
In most communities, sewer hookup fees are calculated
and assessed by localities without regard to location, so
the same fee applies in suburban as well as central city
locations. A more strategic approach is to vary hookup
fees by site location, reflecting the distance-dependent
costs associated with sewer service and encouraging
development in central locations.
Developments like
Metro Square in
Sacramento, California,
are eligible for reduced
sewer hookup fees
because of their high
density and central
location.
Photo courtesy of Local Government Commission.
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34
Section 1: Protecting Water Resources at the Regional Level
Many municipalities assess the cost of sewer hookup fees on an average-cost basis,
which fails to reflect the true cost of system expansion and can serve to support dis-
persed, low-density development. Conventional approaches to hookup fee assess-
ments treat all new developments equally, regardless of location, compactness, or
dispersion. To further direct development and encourage infill, municipalities
should consider assessing variable rates for sewer hookup based on location, charg-
ing lower hookup fees where growth is to be encouraged, or incorporating design
elements that improve water quality impacts in new projects.
Practice Tip: In Sacramento, California, regional sewer officials recently
approved plans to dramatically reduce sewer hookup fees in existing neighbor-
hoods and raise fees on the urban fringe. The change is part of a series of
planned rate hikes needed to finance a $1.3 billion network of large new
pipelines necessitated by rapid suburban growth. It is the first time in the
Sacramento Regional County Sanitation District's 25-year history that different
rates will be charged based on location. Previously, the district operated on the
principle that everyone would pay the same amount to hook up to the sewer
system, regardless of location. Under the new plan, the connection fee for a
house in a new neighborhood is $5,255; on the other hand, the fee for a new
house in an existing urban area is $2,314. Commercial fees are handled the
same way. The plan received endorsements from a wide array of supporters,
ranging from the Sierra Club to the Sacramento County Taxpayers League.37
WANT MORE
INFORMATION?
The state of Maryland
provides information on
its priority funding area
program, including mod-
els and guidelines, online
at: .
Policy 21. Direct infrastructure spending to designated
growth areas
State and local governments often use infrastructure funding in accordance with
multi-year capital investment plans that determine priority areas for growth and
construction, among other needs. State and local governments can direct infrastruc-
ture spending to designated growth areas in existing communities as one way of
encouraging development activity in areas where private and public investments
have already occurred.
Across the country, water and sewer infrastructure is aging, and municipalities are
faced with choices on where—and according to what priorities—to invest in their
water and sewer infrastructure. Their allocations could be based on projected tax
revenues from new development supported by the current infrastructure or on infra-
structure in greatest need of repair. Strategically targeting infrastructure resources to
direct development to designated growth areas in existing communities is another
approach for prioritization. For example, the state of Maryland created its "priority
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Protecting Water Resources with Smart Growth | 35
funding areas" effort in 1997. Since then, the state has provided infrastructure funds
for roads, sewer, water, and schools only in those communities targeted for new
development based on their existing resources, such as transit facilities, infrastruc-
ture, or infill opportunities. Any development that occurs outside the priority fund-
ing area does not receive state financial support.
Other states have prioritized the use of infrastructure funds for repair and mainte-
nance before funding new construction—another way to direct infrastructure funds
to existing areas designated for future growth. For example, in 2002, New Jersey
announced its Smart Growth Infrastructure Tax Credit program, directing limited
state resources to support areas with existing infrastructure. This $10 million pro-
gram will provide tax incentives to encourage builders and developers to invest in
neighborhoods that have existing or already planned infrastructure. Administered by
the New Jersey Housing and Mortgage Finance Agency in consultation with the
State Planning Commission, the program offers tax credits to eligible residential,
commercial, and mixed-use retail projects. Such projects are developments located
in municipal (urban) aid areas, municipalities with designated centers, or munici-
palities with plans endorsed by the State Planning Commission.38
Practice Tip: Vermont's Agency of Natural Resources encourages communities
to direct growth to downtown and other planned growth centers, while manag-
ing growth in the surrounding countryside. The agency gives priority to ensure
that older, failing wastewater treatment facilities receive needed improvements,
rather than directing resources to newer plants that would support development
on the urban fringe. The agency is currently revising its rules to implement this
"fix-it-first" approach to help communities consider the relationship between
infrastructure planning and land use planning during the earliest project plan-
ning stages, thereby avoiding permitting conflicts.39
Policy 22. Differentiate development fees based on location
of the development
Studies have shown that infrastructure costs increase when development takes place
beyond the local service area.40 The higher costs incurred are due to the necessity of
providing longer trunk lines and connecting roads for more distant and dispersed
development. These costs tend to increase based on the distance from the urban
core and from other housing units. Although they have generally not done so in the
past, local governments have the option of charging fringe-area developers the full
costs for providing infrastructure.
-------
36 | Section 1: Protecting Water Resources at the Regional Level
Some localities assess developers only partial fees for infrastructure costs for services
such as water, sewer, roads, and schools.41 They do this in order to attract develop-
ment. This is a costly practice, however, because new residential development costs
municipalities more than the revenue it generates. The negative impact on local gov-
ernment budgets is often not readily apparent because of the timing of evaluating
the actual costs and revenues. Early on, during construction, building activity pro-
vides attractive tax revenues to the local government. At the same time, residents do
not yet occupy the houses, so they are not yet demanding services. After the resi-
dents move in, they routinely demand services in excess of their property taxes,
such as roads, schools, and sewer and water infrastructure. This pattern is becoming
especially problematic in rural areas as residents increasingly demand services com-
parable to urban areas.
In contrast, this dynamic does not apply with infill or redevelopment projects
because in most cases, the water, sewer, and road infrastructure is already in place,
schools are built, and the level of services have been established. In addition, infill
or redevelopment projects are typically built at higher densities, which cost less than
their lower-density counterparts. For example, the cost of providing services (streets
and utilities) to a townhouse at 10 units per acre is less than $10,000 but is more
than $32,000 for a house at one unit per acre.42
Communities can better reflect the costs of new development and the public infra-
structure investment that it requires by requiring new urban fringe development to
pay for the full cost of providing services to those areas. Some municipalities that
are experiencing rapid growth and development are already assessing full fees to
developers to cover projected expenses for roads, schools, sewer, and water infra-
structure. In doing so, state and local governments provide an incentive for develop-
ment in existing communities where infrastructure already exists.
Policy 23. Use compensation fees to address high-priority
water quality problems
Some government agencies are using compensation fees when developers or home-
owners have difficulty fully meeting a regulatory requirement, such as reducing the
quantity or the strength (concentration) of a particular pollutant. Typically, a cost-
effective amount of the pollutant is cleaned up, and a fee is assessed for the remain-
ing amount. Then, the state or locality can use funds from the compensation fees to
address high-priority water quality issues elsewhere.
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Protecting Water Resources with Smart Growth | 37
For instance, some communities face significant water quality problems in their
urban centers. These issues could be related to failing infrastructure, insufficient
capacity, point sources, or other past performance problems that cannot be linked to
a responsible party. Such water quality issues could prevent a community from rede-
veloping its brownfield sites, converting surface parking lots to mixed-use develop-
ments, or otherwise increasing densities.
Practice Tip: The Maine Department of Environmental Protection established a
nonpoint source reduction program to allow an applicant to pay a compensa-
tion fee in lieu of meeting certain phosphorus reduction requirements. This pro-
gram was designed to provide assistance to homeowners and smaller developers
who are required to reduce phosphorus loadings from their site. In many cases,
the cost of reducing the loads to the required level was not cost-efficient for the
amount of phosphorus that would be removed. The compensation fee program
permits owners and developers to pay a fee proportional to the level of phos-
phorus they are unable to remove. The state then can assess where the most
urgent phosphorus removal issues are and address those issues using program
funds.43 This program gives the state resources to address the most serious phos-
phorus problems, which are often found in dense urban centers. As a result,
Maine has the tools to direct development to existing communities and mitigate
its potential environmental impact.
Policy 24. Charge for water usage on an incremental basis
Research has indicated that residential water users do not pay the entire cost of
water and its delivery. In most cases, the local government jurisdictions pay the dif-
ference. Therefore, the more water used, the greater the subsidy. Charging for water
use on an incremental or block-pricing basis reduces this subsidy.
The latest annual water pricing study conducted by an advisory committee in Fort
Worth, Texas, found that residential users were paying nearly eight percent less than
the true cost of delivering water.44 Failure to represent the true cost of delivery is
particularly marked in lower-density areas far from central treatment plants, where
both water delivery and system expansions are typically subsidized. The cost of
delivering water depends both on transmission costs, which increase with distance,
and operation and maintenance costs, which increase with the length of systems.
Pressure requirements to meet fire codes, for example, are more expensive to main-
tain across longer, more dispersed networks. As such, average costs often grow as
systems cover larger geographic areas, requiring longer system components.
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38 | Section 1: Protecting Water Resources at the Regional Level
Furthermore, research has demonstrated that more compact communities use less
water than lower-density communities, largely as a result of the difference in out-
door water use; homeowners with larger lawns use more water than those with
smaller lawns. A 1995 Rutgers University study on New Jersey infrastructure esti-
mated that the cost of providing water to households in conventional dispersed
developments was roughly 13 percent higher than the cost of doing so in a more
compact context.45
Rates that base the per unit cost of water on the consumer's incremental use can
encourage conservation and decrease the local government subsidy for lower-density
developments. For example, block pricing applies lower per unit costs to base
amounts of water use sufficient to meet basic household needs, and incrementally
higher rates for additional blocks of water (e.g., the next 5,000 gallons consumed).
Such a rate basis would reward homeowners in more compact communities and
decrease local government subsidies for water delivery.
Issues to Consider: Decisionmakers must be attentive to the impact of increased
water rates by volume on commercial, agricultural, and industrial users and the
potential impact that higher rates could have on economic development efforts.
Practice Tip: In North Carolina, a recent drought spurred local water officials in
Charlotte to consider whether the imposition of a penalty for excess water con-
sumption would reduce demand. In 2001, after its analysis, Charlotte adopted
new fees for residential, multifamily and commercial water users. Since lawns
can be responsible for as much as 60 percent of water usage in some areas,
Charlotte's revised pricing system, in effect, lessened the appeal (and value) of a
large lawn and landscaping. The county estimates that the average Charlotte house-
hold uses 1,100 cubic feet of water per month—approximately 74,800 gallons
(equivalent to filling two swimming pools). The new tiered system takes effect
once the household use reaches 1,700 cubic feet per month—the rate increases
from the base of $1.09 per hundred cubic feet to $1.82 per unit. At 3,200 cubic
feet per month, the rate increases again to $3.70 per hundred cubic feet.46
Policy 25. Use Clean Water State Revolving Funds for smart
growth initiatives
Traditionally Clean Water State Revolving Funds (SRF) are used to construct and
upgrade infrastructure to maintain water quality. As another option, states use SRF
funds for other efforts likely to impact water quality, such as comprehensive plans or
open space preservation.
-------
Protecting Water Resources with Smart Growth
39
Photo courtesy of USDA NRCS.
The SRF is a widely available financing source used to fund
municipal waste water treatment and drinking-water projects,
as well as nonpoint source pollution control and estuary pro-
tection projects. The states disburse the federal SRF funds to
eligible localities and projects in the form of low-interest,
long-term loans. Despite the fact that the projects eligible for
SRF funds are typically capital expenditures for compliance
with national primary drinking-water regulations or projects
funding wastewater treatment, the program is flexible enough
to allow a portion of the funds to be used for some of the
principles of smart growth, such as open space preservation
or infill development. For example, the Commonwealth of
Massachusetts actively limits the use of SRF funds to support new growth.
Collection systems projects are eligible only if 75 percent of the flows existed as of
April 1995. Thus, no more than 25 percent of the capacity of a project can be used
for new growth.47
Since SRF funding decisions can affect development patterns, states can coordinate
their management of SRF loans with emerging smart growth policies and initiatives.
States can leverage smart growth benefits out of existing SRF resources by granting
additional funds for smart growth enhancements to traditional projects or providing
technical assistance on smart growth to project applicants. States could also require
long-term comprehensive growth plans, or encourage limits on sewer connections
or capacity for new growth in designated areas.48 Funds also could be used to sup-
port and create incentives for comprehensive planning and maintenance of existing
water infrastructure.45
Issues to Consider: SRF program officers must understand the program and its
potential connections to smart growth in order to coordinate the management of
SRF funds with broader growth initiatives. SRF program managers might first
want to consider whether the use of SRF funding has encouraged growth in areas
where growth should instead be discouraged. For example, has SRF funding pro-
vided wastewater treatment capacity enabling growth in a source water protec-
tion area? Or has SRF-funded wastewater treatment capacity made it more eco-
nomically attractive for developers to build in areas that might be better left as
open or green space? If communities find that the answers to the above ques-
tions are cause for concern, SRF managers can be educated to better consider
what role their programs could play in supporting smart growth initiatives. At a
minimum, the SRF must ensure that projects receiving funding meet the environ-
mental review requirements of the CWA, but it might also hold the potential to
achieve other, broader growth objectives at the same time.
SRF funds can be used
to preserve open space
and to create recre-
ational spaces.
WANT MORE
INFORMATION?
EPA developed guidelines
for using state revolving
funds to support smart
growth activities. Details
can be found at: .
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40 | Section 1: Protecting Water Resources at the Regional Level
WANT MORE
INFORMATION?
For more information on
Iowa's Drinking Water SRF
program, visit: .
Practice Tip: In 2002, Iowa created the Smart SRF for Iowa Clean Water program.
This program allows the use of the state's drinking water SRFs for smart growth
initiatives, including brownfields cleanup, watershed management, low-impact
development practices, and riparian land conservation. The Iowa Finance
Authority and the Iowa Department of Natural Resources launched the initiative
to change the state's nonpoint source protection plan and the SRF statute to
allow the use of SRF funding for smart growth projects. At the time of this pub-
lication, the city of Des Moines was exploring the option of using SRF funding
for the redevelopment of a 1,200-acre brownfield along the Des Moines River.50
WANT MORE
INFORMATION?
EPA provides information
on creating management
districts to oversee onsite
systems. Details are avail-
able at: .
Policy 26. Improve oversight of onsite treatment systems
Onsite waste treatment systems (also known as septic systems) are underground
tanks that collect, treat, and disperse small volumes of wastewater, traditionally from
an individual house. Historically, houses in rural areas distant from sewer collection
and treatment systems have been served by septic systems, except in areas with sen-
sitive groundwater or where soils do not allow the treated waste to percolate down.
According to a July 2003 report,51 decentralized systems are used in 25 percent of
all homes in the United States and in 33 percent of new developments. Yet, improp-
erly managed onsite systems can pose environmental challenges. More than half of
the existing systems were installed 30 or more years ago, and each year, at least 10
percent of all systems fail. States report failing septic systems as the third most com-
mon source of groundwater contamination. Therefore, EPA, states, and localities are
increasing efforts to control failure rates through aggressive outreach and, in some
cases, permitting programs. The focus in all of these programs is improved and
effective maintenance and operation.
Decentralized systems can support smart growth in rural areas, or in mountain and
coastal areas experiencing growth in the number of second homes. In areas where
clustering homes and conservation subdivision design are growth tools, localities are
likely to experience better operation and maintenance in onsite systems, as several
homes are responsible for and dependent on their functioning. These designs can
also conserve open space and reduce the amount of other infrastructure needed to
serve new development.
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Protecting Water Resources with Smart Growth
41
Issues to Consider: Without careful planning, the use of onsite wastewater sys-
tems can foster low-density, dispersed development patterns.The decision to
install onsite systems must take into account a variety of factors, such as soil con-
ditions, development repercussions, and the likelihood of appropriate mainte-
nance practices. Decentralized systems often occur in rural areas where few devel-
opment regulations exist. Because of this, local governments might need to
increase the type and level of oversight to include permitting, inspections, and
operation and maintenance agreements. Otherwise, onsite systems could encour-
age a lower-density and high land consumptive development pattern.52
Policy 27. Provide a stormwater fee credit for redeveloping
existing impervious surfaces
Most state and local water quality requirements do not take into consideration the
condition of a site before development or redevelopment. By considering pre-devel-
opment conditions, state and local governments have an opportunity to provide pol-
lution credits or otherwise recognize redevelopment sites as smart choices for pre-
serving water quality. Doing so might provide a greater incentive to redevelop previ-
ously developed sites, such as brownfields or greyfields.
In many cases, redeveloping a brownfield or greyfield site will not increase the net
contribution to stormwater runoff. A 50-acre parking lot generates the same, if not
more, stormwater runoff before it is redeveloped than afterward. For example,
Mizner Park in Florida is a former shopping mall that was redeveloped into a
mixed-use community. Redesigned from its original pattern of a large retail structure
surrounded by surface parking lots, the 29-acre site now includes 272 apartments
and townhouses, 103,000 square feet of office space, and 156,000 square feet of
retail space. Before redevelopment, the site was 100 percent impervious cover. After
redevelopment, impervious cover decreased by 15 percent.
The redeveloped site now includes a long, wide plaza that
runs the length of the development and includes grass, trees,
and other native landscaping, reducing impervious area. In
addition, the developer incorporated numerous small areas
for landscaping and trees throughout the site. Stormwater
runoff decreased accordingly. Additionally, the redevelop-
ment of brownfield and greyfield properties maximizes
return from existing water infrastructure, roads, transit, and
other services. Redevelopment of previously developed land
also reuses already compacted, disturbed, or impervious soil
rather than impacting other soils.
Existing impervious
surfaces, such as park-
ing lots, can be trans-
formed into pathways,
community gardens, or
other neighborhood
amenities.
Photo courtesy of USDA NRCS.
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42 | Section 1: Protecting Water Resources at the Regional Level
Taking pre-development conditions into account, states could develop specific crite-
ria for waiving or reducing current stormwater requirements under certain pre-con-
struction conditions (e.g., redevelopment of an existing surface parking lot). This
approach could encourage redevelopment of underutilized properties and maximize
the use of existing impervious cover, already degraded soils, and existing infrastruc-
ture. Such a waiver could be incorporated into a stormwater ordinance, a state's
stormwater management guidance manual, a municipality's public facility manual,
or local permitting requirements.
Policy 28.Tie bonds to performance measures
Developers are required to meet certain short-term water quality requirements dur-
ing and after construction, such as reducing sediments and runoff leaving the site.
But there is no mechanism in place for accountability if the developer fails to meet
those water quality requirements. Because enforcement of water quality require-
ments is often carried out by random spot checks, some problems, such as lakes or
streams becoming clogged with sediments, are not identified until after construction
is completed. As a remedy, communities could require developers to purchase
bonds or set aside money to be used to clean up or otherwise comply with water
quality requirements, if a regulatory authority discovers within a fixed period of
time that those requirements were not met.
States or municipalities could provide developers with incentives to ensure that
water quality on their sites is protected through the use of performance bonds.
Similar to the approach used for heavily polluting industries, in which businesses
are required to purchase surety bonds to cover the costs of future cleanups (should
they occur), developers could be required to purchase a bond that is linked to per-
formance measures that monitor water quality impacts on nearby waterways. Under
this type of performance bond system, the developer would profit if the water quali-
ty is maintained or improved. However, if water quality deteriorates as a result of
site-level features, such as large volumes of polluted construction runoff, then the
bond money would be spent on cleanup. Given a stake in the future performance of
the development's water quality, developers would have more incentive to incorpo-
rate cost-effective, long-term water quality protection methods into a project. Such
methods could include design elements that rely on natural processes for water
quality management, such as buffers or reduced impervious surface areas.
-------
Protecting Water Resources with Smart Growth | 43
Practice Tip: Officials in Columbus, Ohio, are evaluating the adoption of per-
formance measures for the city's streams and holding area developers responsi-
ble for maintaining the streams' water quality. In this scenario, the municipality
would create a performance standard for the waterbody During the permitting
process, the developer would be required to put a set amount of money into an
account for five to 10 years. This money would be returned to the developer if
the stream continues to meet water quality standards at the end of that period.
Policy 29. Use private activity bonds to finance projects that
protect water resources
Many local governments issue private activity bonds to private parties in a partner-
ship to finance capital improvements. Such bonds can be a cost-effective way of
financing infrastructure projects that protect water resources. Local governments
could prioritize projects that receive such financing to encourage projects that will
improve existing infrastructure, rather than financing projects that create new infra-
structure and growth on the fringe. For example, Florida issues private activity
bonds for projects upgrading existing drinking-water and wastewater facilities to
encourage additional development where infrastructure already exists.53
Issues to Consider: Drinking-water and wastewater facilities generally are
exempt facilities under private activity bond regulations and therefore are eligible
for tax-exempt status. However, there are federally mandated caps on the amount
of tax-exempt private activity bonds that can be issued in a state. States can prior-
itize the allocation of bonds so that projects that implement smart growth strate-
gies and water infrastructure are more likely to receive bond financing.
Practice Tip: Florida's Growth Policy Act, adopted in 1999, recognizes infill
development and redevelopment as important to promoting and sustaining
urban cores. Florida's definition of urban infill and redevelopment areas
includes those where public services such as water and wastewater, transporta-
tion, schools, and recreation are already available or are scheduled to be provid-
ed within an adopted five-year schedule of capital improvements. A local gov-
ernment with an adopted urban infill and redevelopment plan may issue rev-
enue bonds and employ tax increment financing for the purpose of financing
the implementation of the plan. Areas designated by a local government as
urban infill and redevelopment areas are given priority in the allocation of pri-
vate activity bonds.54 By giving infill projects priority over other projects (such
as greenfield development), the use of existing impervious surface is maximized
rather than using bonds to fund development in undeveloped areas.
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44 I Section 1: Protecting Water Resources at the Regional Level
Policy 30. Allocate a portion of highway and transit funding
to meet water quality goals
Water quality conditions are generally not included in transportation funding crite-
ria. Given the numerous connections between transportation-related infrastructure
and water, however, states might want to consider water quality criteria when deter-
mining funding for proposed transportation-related projects.
The links between transportation, development, and water quality are numerous.
Not only do transportation projects influence surrounding development, but the
transportation-development nexus also affects runoff pollution in the watershed.
Deposition of mobile air emissions into nearby waterbodies is also part of the close
relationship between transportation networks, development patterns, and their
many impacts on natural resources.
In areas where air quality violates one or more Clean Air Act standards, "conformi-
ty" rules require that transportation plans, programs, and projects must not produce
new air quality violations, worsen existing violations, or delay timely attainment of
Clean Air Act standards. Under conformity, transportation projects cannot be
approved, funded, or implemented unless metropolitan planning organizations
(MPOs) provide a transportation investment plan that will result in conforming air
quality. The MPO's transportation investment plan must conform to its air quality
plan, so that when transportation projects are completed, they will not contribute to
unacceptable air quality. Similarly, MPOs could include in their analysis of trans-
portation projects a demonstration of how current and projected water quality con-
ditions comply with state and local water quality requirements.
If water quality standards are currently not met and the proposed transportation
project would add more pollution to already polluted waters, the MPO could deny
transportation funding on that basis. However, the analysis would have to include a
comparison of the alternatives in terms of risks to regional water and air quality
goals. For example, a proposed transportation project in a highly developed area
that supports infill or brownfield redevelopment could reduce total miles driven and
subsequently minimize air emissions when compared to alternative development
scenarios that have the potential to place the development further out in the metro-
politan area and away from transit choices. Or, the same proposed transportation
project might increase site-level runoff, but less so than other transportation-
development scenarios.
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Protecting Water Resources with Smart Growth
45
Policy 31. Establish a community preservation fund
Communities might want to consider setting up a fund to specifically target
resources to preserve open space, both to improve water quality and to encourage
development in an existing community rather than on its outskirts.
Capital for preserving open space can be generated or set aside by localities through
a community preservation fund. Revenue for the fund would come from property
taxes and could be matched by a dedicated state fund. By creating such a fund,
communities would be taking steps to protect water resources by preserving areas
that provide important natural processes, such as filtering pollutants, for maintain-
ing healthy water quality.
Practice Tip: In September 2000, Massachusetts passed the Community
Preservation Act, which allows communities to create a local Community
Preservation Fund in the municipality funded by a surcharge of up to three per-
cent of the real estate tax levy on real property. Once adopted locally, the act
would require at least 10 percent of the money raised to be distributed to three
categories: historic preservation, open space protection, and low- and moderate-
income housing. The act also annually creates a significant state matching fund
of more than $25 million, which will serve as an incentive to communities to
take advantage of the provisions of this legislation.55 As of May 2003, 61 of the
109 communities that held ballot votes passed the act.56
WANT MORE
INFORMATION?
In 2003, the National
Association of Local
Government
Environmental
Professionals, the Trust for
Public Land, and Eastern
Research Group pub-
lished Smart Growth for
Clean Water: Helping
Communities Address the
Water Quality Impacts of
Sprawl, which describes
land conservation, water-
shed management,
brownfields redevelop-
ment, and other smart
growth tools as key
strategies for achieving
water quality goals.The
document is available at:
.
Policy 32. Establish a clean water management trust fund
Funds for community water management come from many federal, state, and local
funding sources. Communities can set up a fund to target resources to manage
water runoff and encourage development within the existing community, rather than
on the outskirts.
Trust funds can provide additional funding needed to finance smart growth projects
that will help protect water resources. Money from a clean water management trust
fund, for example, can go towards smart growth development projects such as
acquisition of greenways, towards interest on loans for downtown redevelopment
projects, or to encourage development on existing impervious surfaces, such as
brownfields, rather than developing on green space.57
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46 | Section 1: Protecting Water Resources at the Regional Level
A trust fund can be created by state assemblies,
municipalities, nonprofit organizations, or others
using revenues from fines, penalties, user fees
(e.g., tax on water use), lottery proceeds, taxes
on pollution sources, or general assembly appro-
priations. For example, the Nebraska
Environmental Trust Fund receives 49.5 percent
of the profits of the Nebraska Lottery after the
first $500,000 awarded. These proceeds have
annually generated roughly $8.5 million for
grant assistance.58
Parkland and natural vegetation buffer
an urban stream at Fairview Village in
Portland, Oregon.
Photo courtesy of U.S. EPA.
Practice Tip: The North Carolina Clean Water Management Trust Fund, created
in 1996, provides grants to local governments, state agencies, and conservation
nonprofits to help finance projects that specifically address water pollution
problems. The fund is supported by appropriations from the General Assembly.
At the end of each fiscal year, 6.5 percent of the unreserved credit balance in
North Carolina's General Fund (or a minimum of $30 million) goes into the
fund. The 18-member independent Board of Trustees has full responsibility for
the allocation of resources from the fund and approved more than $31 million
in grants in 2003. Grants are provided for projects that enhance or restore
degraded waters, protect unpolluted waters, and/or contribute toward a network
of riparian buffers and greenways for environmental, educational, and recre-
ational benefits. Projects funded include greenway and open space acquisition,
improvements to wastewater treatment facilities, stormwater management,
removal of septic tanks, and wetlands and stream restoration.59
Policy 33. Offer incentives for adopting land use changes
under a TMDL implementation plan
States are required to develop an implementation plan for Total Maximum Daily
Loads (TMDLs), but are not required to execute it, as most activities outlined in the
implementation plan are completed at the local level. As part of a TMDL implemen-
tation plan, states could offer incentives to communities that adopt land use changes
that foster smart growth.
Sometimes there are barriers to fully executing the implementation plan at the local
level. Obstacles could take the form of industry backlash at the cost of pollutant
removal strategies, unexpected increases in pollutant loads due to development, or
several years of unusually wet weather, causing unusually high runoff and associated
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Protecting Water Resources with Smart Growth | 47
pollutant loads. States can increase the chances of implementation, however, by
including a provision in their TMDL requirements that requires full execution of the
plan. In addition to this requirement, states can provide guidance and recommenda-
tions to communities on how they can support and advance the implementation
process. For example, communities that take steps to mitigate the water quality
impacts—both at the site and regional level—of their growth decisions would go a
long way towards achieving target loadings of some TMDLs. States could detail what
land use changes they would like to see implemented, such as more compact site
designs, transit-oriented development, larger riparian corridors, or larger areas of
open space incorporated into the urban and suburban fabric. To encourage commu-
nities to act, states could offer these communities "bonus" points on any applica-
tions for CWA Section 319 or SRF funding, or other state-allocated funding sources.
Although the bonus points would not guarantee a successful application, they
would give an advantage to those communities that implemented the land use miti-
gation measures over those communities that did not.
ENVIRONMENTAL REGULATORY INNOVATIONS (INCLUDING
VOLUNTARY INCENTIVES)
The CWA sets national goals for water quality and process requirements for attain-
ing them. EPA issues federal regulations as part of its role in administering the CWA
and delegates specific authority to states and tribes as to how they will attain and
enforce federally established standards. For those states and tribes that do not have
delegated authority, EPA regions are responsible for establishing, implementing, and
enforcing state standards and requirements.
Within this federal-state-local framework for implementing the CWA, there are a
number of opportunities to use smart growth approaches to meet state and local
water quality goals. The following policies describe opportunities for communities
to leverage smart growth approaches to meet current water quality regulations.
Policy 34. Create performance-based standards
Many water quality standards are technology-based. For example, a regulation might
call for a detention pond of a particular size, according to the lot size. To provide
developers with more flexibility in meeting water quality standards, policymakers
may consider the use of performance-based standards that set target goals—such as
a 40 percent reduction in stormwater runoff—but leave it to the developer to deter-
mine the means by which this goal is achieved. This approach shifts the focus from
technologies to the actual reduction of pollutants, and it might encourage imple-
menting land use and zoning policies to achieve water quality goals.
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48 | Section 1: Protecting Water Resources at the Regional Level
For example, performance-based measures would allow leeway for revised zoning
codes or regional plans to redirect development to achieve water quality improve-
ments. These measures might consider the stormwater runoff benefits associated
with higher-density development that leads to an overall lower level of impervious-
ness. Regulations can be supplemented with performance-based standards to pro-
vide more flexibility and encourage innovation.
Issues to Consider: Flexible codes might require a significant shift in how gov-
ernment agencies operate. Governments might need to educate the review staff
on the principles of adaptive management—identifying and adapting policies
based on modeling, monitoring, and other research and analysis efforts. In addi-
tion, the adoption of performance-based standards will require the sound use of
scientific information to set desired levels of performance and measure the
capacity of participants to achieve them.
Practice Tip: Lacey Washington, passed an ordinance encouraging "zero effect
drainage discharge" and "zero effective impervious surface" by revising its build-
ing code to specifically encourage and allow development that yields these
impacts. It is the first such ordinance in the United States. Under the ordinance,
a zero effective impervious surface means "impervious surface reduction to a
small fraction of that resulting from traditional site development techniques,
such that usual manmade drainage collection systems are not necessary"60 The
ordinance allows prescribed stormwater control requirements to be waived
when project design uses alternative techniques to reduce stormwater runoff.
Possible design approaches allowed under the ordinance include: replacing all
driveway and parking areas with pervious materials, planting native landscaping
with greater capacity to slow runoff and take up the water, allowing for smaller
rooftop exposures and/or rooftop gardens, or constructing narrow roadways
with substantial vegetative berms.61
Policy 35. Consider future growth when developing TMDLs
States are responsible for establishing water quality standards for their waterbodies,
including TMDLs for pollutants when a waterbody or water segment is impaired.
This process might consist of guidance for local governments on how to comply
with the federal TMDL requirements, or the development of new state standards for
developing and/or reviewing TMDLs to ensure that the regulations are followed.
Often, future growth is not considered or specified in state guidance on TMDLs.
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Protecting Water Resources with Smart Growth | 49
Allocating impacts from future growth is currently not required at the federal level;
however, some states require the inclusion of future growth in TMDL calculations.
As such, their guidance documents represent an opportunity to include current and
future land use decisions within the TMDL process. States may include additional
TMDL component requirements that would ultimately help them achieve the final
target loading. In this context, for example, states could require that the develop-
ment-related impacts from future growth be considered when developing TMDL
allocations. The inclusion of future growth would help states meet their TMDL tar-
gets and favor less-polluting smart growth development options.
Practice Tip: Georgia, as part of its TMDL process, requires any locality asking
the state for an environmental permit that facilitates growth and development
(e.g., wastewater or water withdrawal permit) to conduct a watershed assess-
ment. These assessments provide additional information on point and nonpoint
pollution sources. Applicants must identify pollution sources, model future land
use scenarios, and provide solutions to water quality problems.62
Policy 36. Make adequate water a prerequisite of additional
growth
Local permitting and approval processes for development often do not explicitly
consider available water supplies when evaluating potential development.
Incorporating provisions to do so can help communities ensure that future develop-
ment will not overburden existing water resources.
Local decisionmakers may want to assess potential impacts on future water supplies
and quality prior to permitting new developments. Such assessments could provide
early warnings if a new development will likely have an unacceptable impact on
water quality and water supply. These assessments will be most effective if complet-
ed early in the planning process, by connecting water supply plans to comprehen-
sive plans, as well as at the point of permitting, when the impact of a specific pro-
posed development can be estimated. By making such analysis a routine part of
planning for large-scale growth, decisionmakers can help ensure that future water
supplies will be adequate, and that water quality will not be compromised by growth.
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50 | Section 1: Protecting Water Resources at the Regional Level
Moving in this policy direction, the Charles River Watershed Association completed
an environmental assessment for a zoning plan in the town of Holliston,
Massachusetts, that could link future growth to sustainable water supplies. The
assessment used geographic information systems (CIS) to map areas of developable
land that are critical for replenishing aquifers. The association calculated a "water
budget" for the town, showing the impact of various levels of development on water
resources. Such planning can prevent future water supply shortages and ensure that
new developments have the necessary water infrastructure.63
Practice Tip: A new California state law, effective January 2002, requires all
developers of proposed projects of 500 or more homes to demonstrate that
ample water supplies exist prior to construction.64 Cities and counties are pro-
hibited from issuing permits for the construction of projects unless the local
water agency verifies that it has enough water to serve the new growth at least
during the next 20 years.65 This process allows water suppliers to refuse to serve
additional houses to prevent shortages that could affect existing customers. In
some cases, it could require developers to help find and pay for new water
sources. Although the bill does not directly encourage the use of compact devel-
opment, it does so indirectly because more compact development usually con-
sumes less water on a per household basis. In addition, the bill offers a waiver
for projects in infill areas, where projects are most likely to incorporate compact
building techniques. As a result, the new law has the potential to indirectly
reduce household water demand and site runoff. Additional provisions might be
necessary, however, to ensure that developers do not evade the law by proposing
499-unit projects when water supply is in doubt.
Policy 37. Incorporate smart growth into stormwater
management plans
Communities are mandated to develop stormwater management programs under the
National Pollution Discharge Elimination System (NPDES) requirement. Some com-
ponents of a regional smart growth program can be used to meet or enhance a com-
munity's requirements for a stormwater management program.66 For communities that
have already adopted smart growth plans, recognizing the water benefits of those plans
and making them part of the stormwater water plan submission can be a low-cost way
to meet some of the stormwater management program requirements. In addition,
communities that have not yet adopted smart growth plans might want to investi-
gate smart growth approaches that can help them meet stormwater management
program responsibilities and meet other community goals with the same investment.
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Protecting Water Resources with Smart Growth
51
Photo courtesy of USDA NRCS.
In response to the 1987 amendments to the CWA, EPA developed
Phase I of the NPDES Stormwater Program in 1990. The Phase I pro-
gram addressed sources of stormwater runoff that had the greatest
potential negative impacts on water quality. Under Phase I, EPA
required NPDES permit coverage for stormwater discharges from
medium and large municipal separate storm sewer systems (MS4s)
located in incorporated places or counties with populations of
100,000 or more, and for construction sites that disturb 5 or more
acres. The Phase II Final Rule requires NPDES permit coverage for
stormwater discharges from small municipal separate storm sewer systems and for
construction sites that disturb between 1 and 5 acres. A stormwater management
program requires six minimum control measures (MCMs), including:
1. Public education and outreach
2. Public participation/involvement
3. Illicit discharge detection and elimination
4. Construction site runoff control
5. Post construction runoff control
6. Pollution prevention/good housekeeping
A community's smart growth plan can help fulfill many of these minimum control
measures. For example, the Washington State Department of Ecology developed a
model permit for communities that must comply with EPAfe Stormwater Phase II
regulations. The permit lists infill development policies as a creditable policy to mit-
igate post-construction stormwater volumes.67 In addition, an effective smart growth
planning process will necessarily involve public outreach and involvement on future
growth areas, and that discussion should involve water quality impacts. Thus, smart
growth planning helps fulfill MCMs One and Two. As discussed in the sections
above, smart growth effectively reduces development footprints for a given amount
of development, reducing runoff both during and after construction, further fulfill-
ing MCMs Four and Five.
Public education and
outreach are required
under Phase II and can
help support a commu-
nity's revitalization
goals.
Practice Tip: Jackson County, Michigan, has been able to take advantage of the
smart growth and Phase II interactions. In 2003, local officials created the
Upper Grand River Watershed Initiative. Even though the initiative was created
to address Phase II requirements, the plan architects recognized the smart
growth benefits of this plan. For example, although education and public aware-
ness are a large part of the plan, it will likely touch on issues such as land use,
urban sprawl, brownfield, redevelopment, wetlands preservation, and zoning
regulations.68
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52
Section 1: Protecting Water Resources at the Regional Level
WANT MORE
INFORMATION?
The World Resources
Institute developed a
trading Web site to pro-
vide a simple way for buy-
ers and sellers to connect.
It is located at: .
Policy 38. Incorporate smart growth into pollution trading
programs
Trading allows a community to use a market-based approach to maintain its water
quality. Trading is based on the idea that different sources face different costs to con-
trol the same amount of a given pollutant. Trading therefore allows the sources,
such as facilities or nonpoint sources, facing higher pollution control costs to meet
their required reductions by purchasing equal (or better) reductions from another
source.69 Trading then achieves the same water quality improvements at an overall
lower cost. Trading might also benefit impaired urban waterways where reaching
healthy levels is difficult. In 2003, EPA announced a new Water Quality Trading
Policy, which is designed to further reduce industrial, municipal, and agricultural
discharges into waterways.70 The policy provides guidance to states and tribes on
how trading can occur under the CWA and its implementing regulations.
Numerous opportunities to incorporate smart growth approaches into a trading
framework exist. At the state level, for example, where trading policies are deter-
mined, states can consider calculating pollutant loads on a per housing unit basis
rather than the more conventional per acre basis. By being able to calculate loads on
a housing-unit basis instead of on an acre basis, communities are better able to
account for the water quality benefits of higher-density developments. In addition,
the current trading policy allows states to consider disturbed land in addition to or
instead of overall percent impervious cover. Under this option, communities will be
able to give credit to developers who use a compact site design and disturb less land
than a typical low-density development.
Given the potential water quality benefits of better site design, this trading policy
could provide some communities with relief. For example, if a community has sev-
eral sources for which it is costly to further reduce loadings, the point source can
"buy" credits from a developer who is considering a compact site design. The funds
provided by the point source can then be used for design assistance to further
enhance those site design practices that achieve smart growth. This type of relation-
ship might provide incentives for additional developers to implement better site
design practices when they realize the water quality "savings" are marketable.
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Protecting Water Resources with Smart Growth
53
Practice Tip: The Cherry Creek Reservoir Watershed Phosphorus Trading
Program in Denver, Colorado, is an example of an innovative point/nonpoint
source trading program.71 The goal of this program is to allow point source dis-
charges to increase within a TMDL cap. To help reach this goal, point and non-
point controls have been implemented to reduce phosphorus loadings in the
watershed. Municipal facilities must now optimize controls, comply with permit
limits, and implement best management practices (BMPs) for urban runoff
before a trade is approved.72 Credits generated from nonpoint source pollutant
reduction facilities can be used to offset growth when a need is demonstrated.
Development and credit use must be consistent with a basin plan established by
the Cherry Creek Basin Water Quality Authority under legislative mandate.
Furthermore, permits issued by the state must also be consistent with the basin
plan and use of credits approved by the Authority.
Policy 39. Use smart growth to vigorously pursue CWA
antidegradation policy
The CWA requires states to have antidegradation policies and implementation meth-
ods in place to maintain the health of waterbodies. Antidegradation is part of a larger
process of protecting waterbodies that involves setting water quality standards. States
or EPA must first designate uses for targeted waterbodies, then develop water quality
criteria to protect those uses, and finally place the better quality streams into higher
antidegradation tiers: Tier II for high-quality waterbodies and Tier III for exceptional
value or outstanding waterbodies. Discharges into these waterbodies will be more
tightly controlled, wetlands and natural habitats will be preserved, and storm water
will be recharged into the ground instead of eroding stream banks. Development
can occur, but only if the quality of waterbodies and wetlands are maintained.
Although antidegradation goals and requirements are clearly stated in the
CWA, many states and communities are still formulating their specific
responses to antidegradation. A smart growth approach can facilitate compli-
ance in several ways. First, by accommodating the same amount of growth
on less land than conventional low-density development, smart growth
allows certain areas of a watershed, which might otherwise be developed, to
be set aside to preserve existing water quality. Second, where portions of a
watershed will be developed, antidegradation policy requires cost-effective
controls, and smart growth offers a highly cost-effective approach to
minimizing the amount of degradation. Smart growth reduces the cost of
Antideg ration
measures can help
preserve pristine
waters.
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54 I Section 1: Protecting Water Resources at the Regional Level
infrastructure (e.g., roads, water, sewer) compared to conventional lower-density
development, and can also substantially reduce nonpoint runoff from a given
amount of development. Finally, antidegradation policy allows a certain amount of
degradation, if necessary, for "economic development." In spite of the fact that most
residential development fails to support itself from a tax-revenue perspective, smart
growth developments can substantially lower municipal cost burdens, making it an
economical way to grow and still comply with the policy.
Policy 40. Create a sliding scale of mitigation requirements
based on level of density
Stormwater regulations typically do not recognize the benefits that can result from
denser developments, particularly those in existing communities. Required runoff
reduction is traditionally based on acreage and applied to all development projects—
regardless of location within the region or the density of the development. Thus a 5-
acre, high-density redevelopment of a parking lot accommodating 100 units is often
required to reduce the same amount of runoff as a 5-acre, low-density development
accommodating five units. Instead, communities can implement a sliding scale for
stormwater mitigation based on the development's density level. This approach will
recognize the stormwater benefits that can result from more compact developments.
More compact, mixed-use developments generally require less land and cause fewer
water quality impacts than their conventional, less dense counterparts. When compact
developments are located in existing communities—thereby reducing the pressure
for development of sensitive ecological areas such as headwaters, wetlands, riparian
corridors, and floodplains—their stormwater benefits are greater still. As a result,
these compact developments in existing communities reduce the need for stormwater
mitigation that otherwise would have been required with conventional developments.
Communities can encourage compact development by reducing mitigation require-
ments based on density. This approach provides a financial incentive for higher-
density (more compact) development that will further reduce a community's overall
needs for stormwater mitigation. For example, a state or municipality can set a pol-
lutant reduction target for new development that incorporates a sliding scale accord-
ing to the project's density (see Figure 2). The higher the density, the less stringent
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Protecting Water Resources with Smart Growth
55
pollutant reduction requirements would be. Residential, commercial, business, or
mixed-use redevelopment at any density could be credited the full amount of pollu-
tant removal, thereby waiving responsibility for any additional mitigation efforts as a
result of new development. As the requirements for removal efficiency increase with
lower-density projects, so do the costs of mitigation, thus providing financial incen-
tive for higher-density projects.
Figure 2: Example of Possible Land Use Water Quality Credits
Land Use Density
(housing units/acre)
Redevelopment (post-redevelopment
imperviousness = current imperviousness)
at any density
Single-family residential (1 to 5 units per acre)
Residential (5 to 10 units per acre)
Medium-density residential (11 to 25 units
per acre)
High-density residential (> 25 units per acre)
BMP Removal
Credit (%)
Policy 41. Modify facility planning area process to support
smart growth
Facility planning areas (FPAs), authorized by the CWA, call for states to integrate
and coordinate planning for wastewater systems to better protect water quality. The
provision seeks to manage the placement and timing of wastewater system expan-
sion or construction, and evaluate any potential environmental impacts. When plan-
ning for wastewater services, the FPA provision requires water and sewer providers
to forecast future population growth (and therefore development and water infra-
structure) , due to its direct and significant impact on the community's capacity to
manage land use planning to reduce water demand. In addition, a state or its desig-
nated agent can deny wastewater system expansions through the FPA approval
process, giving states a clear role in managing growth.
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56 | Section 1: Protecting Water Resources at the Regional Level
The FPA process also highlights an important role for states in managing water.
Historically, the primary environmental concern of facility planning was the effect of
non-regulated wastewater systems on water quality. Now a larger environmental
concern is the effect of the rapid dispersion of people and jobs to outlying areas.
The conversion of land from open space to development creates nonpoint source
pollution and endangers water resources once thought secure from pollution threats.73
Facility planning area processes can better account for these impacts through explic-
it provisions that support the expansion of wastewater systems—and therefore
future growth—in existing communities or those characterized by compact develop-
ment. Communities (usually municipalities or sanitary districts) are required to
identify geographic areas currently served by wastewater systems, as well as those in
need of service within the next 20 years. States can, in addition, require these FPAs
(also known as sewer service areas or sewerage service agencies) to comply with
local plans that encourage reinvestment in existing areas. In addition, FPAs must
apply to the state or their designated agent for approval of amendments to or expan-
sions of their existing service areas.
States could further support communities by using evaluation standards that favor
plans to expand sewer service to areas slated for compact, rather than dispersed,
development. All these policy innovations build on current requirements for states
to consider the environmental impacts of wastewater system expansions. The inno-
vations recognize the potential water benefits (both in terms of quantity demanded
and system efficiency) associated with more compact growth. In so doing, they serve
as an opportunity for states to fulfill their water management duties and simultane-
ously support communities' attempts to achieve smart growth.
Issues to Consider: Illinois' recent experience highlights some of the more diffi-
cult issues that can arise from the FPA process and some dramatic changes that
might result.The FPA process in Illinois had, over time, resulted in a great deal of
frustration—some municipalities considered the state role in their growth plan-
ning to be inappropriate; developers claimed that the process added time and
expense to their efforts; and some "no growth" advocates claimed that the FPA
process did too little to manage growth, particularly in sensitive environmental
areas. In 1998, the Illinois Environmental Protection Agency (IEPA) announced
plans to discontinue the FPA process, citing, among other reasons, a growing inci-
dence of inter-jurisdictional battles that it was forced to mediate. In effect, the
environmental agency had become an arbiter of community boundaries.74
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Protecting Water Resources with Smart Growth | 57
Subsequently, after receiving feedback from a range of parties, IEPA reversed
course in 1999, announcing plans to retain the FPA process.This decision was
based in part on a comprehensive evaluation of the FPA program by the
Openlands Project.This evaluation concluded that, although the program had
many flaws, it should be retained and improved. IEPA responded in a September
2002 report, concluding again that the FPA process should be eliminated. Among
the principal problems cited by IEPA was the fact that the agency's mediation role
(between communities over boundaries and borders) was beyond the purview of
the agency.The following month, the IEPA director dismissed the conclusions as
final policy, instead inviting public comment on how to resolve ongoing problems
with the state FPA process so that it could be retained and improved.75 By
September 2003, IEPA had begun efforts to phase in "a watershed-based
approach that will ultimately phase out reliance on the more narrowly focused
Facility Planning."76 Undoubtedly, the state's plans for managing water through
coordinated wastewater planning efforts will continue to evolve, providing a les-
son for those who would attempt to create an FPA process without many of the
difficulties of the Illinois experience.
Practice Tip: The Northeastern Ohio Area Coordinating Agency (NOACA)
offers a unique perspective on the potential to link growth and water planning
through the FPA process. The agency is designated by the state as the entity
responsible for area-wide planning under Section 208 of the CWA—the same
act that established the FPA process. In addition to the requirements for waste-
water treatment issues, NOACA also considers the nonpoint source pollution
impacts associated with growth. Its Clean Water 2000 report establishes the
basis for evaluating sewer plans and is guided by principles that seek to "opti-
mize use of existing investment in infrastructure, not encourage public invest-
ments in new infrastructure."77 Such objectives support the goals of the NOACA
board to "encourage efficient, compact land use development that facilitates
mobility, saves infrastructure costs, preserves environmentally sensitive and agri-
cultural lands, and enhances the economic viability of existing communities
within the region."78
Finally, the unique dual role of NOACA as the area's metropolitan planning
organization charged with the distribution of and planning for transportation
resources demonstrates an even more critical connection—the opportunity to
connect wastewater and transportation infrastructure planning. Together, both
issues exert tremendous influence on how a community grows. NOACA seeks
to integrate the two efforts through seven planning strategies that include tech-
nical information sharing, the development of models that would generate
results useful for both efforts, and uniform standards for use in county compre-
hensive planning.79
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58
Section 1: Protecting Water Resources at the Regional Level
Partnerships, including
schools, can help
advance a community's
smart growth and
water quality goals.
EDUCATION
The impact of development on water resources is so vast that regulations alone are
insufficient to improve the quality of a community's water resources, hence the
importance of education. Local officials, residents, business owners, developers, and
other stakeholders might need education on the many ways their actions affect the
community's water resources. In particular, given the vast body of federal and state
legislative action on water, education can also help stakeholders better understand
the goals and objectives of environmental agencies, and the ways in which they can
provide assistance to localities and residents.
Opportunities abound for states and localities to incorporate smart growth principles
into their program implementation efforts—where education plays an important
role. Incentives, best practices, and other approaches to encourage growth in exist-
ing communities all work best if communities are educated about needs and goals
so that overall runoff is minimized and high-value ecological lands are preserved.
Policy 42. Create partnerships to improve water quality
Municipal responsibility for water resources is often spread throughout several dif-
ferent agencies and departments. In addition to government agencies, the public,
developers, construction companies, and others also affect water resources. Partnerships
are therefore crucial to ensure a comprehensive and effective approach to smart
growth and maintaining water quality. Partnerships can leverage funding, coordinate
planning across a region, and share knowledge to better protect water resources.
Development decisions are enhanced when localities engage residents and other
stakeholders on how to accommodate growth while still protecting the community's
valued water resources. Partnerships between nonprofit organi-
zations, such as land trusts, and governments can be effective
in identifying, prioritizing, and eventually acquiring critical
parcels for preservation that are under threat of development
within watersheds. Educational partners, such as universities
and research institutions, can be involved in the development
of technology to estimate the potential impacts of development
on sensitive water resources. Other partnerships, such as those
with foundations or state or federal environmental agencies,
can yield important new sources of funding, technology,
or technical assistance for localities. Partnerships and ad hoc
affiliations of affected groups not only coalesce ideas and
energy for water preservation, they also serve to educate all
Photo courtesy of USDA NRCS.
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Protecting Water Resources with Smart Growth | 59
members on the many ways in which water resources can be used, abused, and
eventually protected.
Issues to Consider: Assembling and maintaining an interagency team and
including outside stakeholders can be challenging and time-consuming. Without
a clear source of funding, resource considerations can make it difficult for an ad
hoc group, for example, to organize and distribute necessary work among mem-
bers to achieve its objectives. Partnerships of volunteer members or agencies can
succeed, however, if efforts are focused on coordinating and achieving discrete,
well-defined tasks; enabling each group to contribute in ways related to its
strengths; and educating member organizations on the priorities and resources
that others bring to the table.
Practice Tip: Rapid, dispersed, low-density development in north central Texas
prompted various federal agencies to form the Interagency Stream Team to help
communities and developers understand the effects of rapid growth and devel-
opment on open space, habitat, and streams. Comprised of volunteer engineers,
city planners, hydrologists, and other specialists from agencies such as EPA, U.S.
Army Corps of Engineers, North Central Texas Council of Governments, Texas
Parks and Wildlife, and FEMA, the team provides advice on environmentally
friendly ways to manage and restore streams and riparian corridors. The team's
project reviews and field visits provide expertise and recommendations concern-
ing project design to municipalities and developers to protect open space, water
quality, and habitat. The partnership has provided significant technical support
and advice on development, and its guidance and recommended policies are
raising the general awareness of maintaining safe and sound aquatic ecosystems
throughout the region.80
Policy 43. Educate local officials on the water quality
impacts from development
Local officials exert a powerful influence over land use development decisions, but
might not fully understand the impacts of their decisions on water quality. A deci-
sion, for example, to site a new office park on developed land at the urban fringe
might seem attractive for fiscal reasons. However, to be able to analyze all aspects of
the project, officials need to consider the total cost of expanding water and sewer
lines to the new development, the impacts of potential stormwater runoff from the
site's large surface parking lots, and the deposition of emissions from commuting
office workers into nearby waterways. Training local officials responsible for devel-
opment decisions, as well as water quality staff, on smart growth and its water quality
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60
Section 1: Protecting Water Resources at the Regional Level
WANT MORE
INFORMATION?
NEMO maintains a Web
site that contains fact
sheets, reports, presenta-
tions,and additional
information to educate
local officials on the water
quality impacts from dif-
ferent land uses.These
resources can be
accessed at: .
Photo courtesy of the NEMO program and the University of Connecticut.
benefits can help encourage collaboration,
resulting in the use of practices and poli-
cies that better support mutually shared
goals for growth and water protection.
Given the many aspects of growth that
elected officials must consider—such as
economic impact, job creation, physical
design, and cultural and historical
resources—some water quality educators
approach water quality through a broad-
er framework of community assets. The
experience of Nonpoint Education for
Municipal Officials (NEMO), suggests that
the concepts of smart growth and commu-
nity character are often more appealing and
tangible to communities than are the water
quality aspects of development. Administered by the University of Connecticut,
NEMO is a network of local leaders that provides training in watershed management
and land use planning to local officials throughout the country.81 NEMO's approach
to education highlights the numerous benefits—including water quality—that smart
growth development has to offer.
Practice Tip: The National Center for Smart Growth Research and Education at
the University of Maryland runs a program providing smart growth information
to federal, state, and local officials, as well as nonprofit and private firms. The
Maryland Smart Growth Leadership program focuses on community develop-
ment, environmental systems and management, leadership principles, and infra-
structure planning, as well as social, economic, and environmental effects.82
A town meeting in East Haddam,
Connecticut, develops strategies to
address local water quality issues.
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Protecting Water Resources with Smart Growth | 61
Policy 44. Develop a model town to demonstrate how and
where polluted runoff flows
Many local government officials, planners, and residents are not fully aware of how
development contributes to water quality problems. Theoretical understanding of
nonpoint source pollution is as important as understanding how the flows of specif-
ic local and regional waterways will be impacted by current and proposed develop-
ments. One simple way to demonstrate pollution flows from development is to
develop a model town.
For example, in Northglenn, Colorado, the local government built a model of the
town, which they dotted with food coloring. Water was then sprayed on the model
to show how the unfiltered pollutants, as shown with the food coloring, washed
over the landscape and through the drainage system into the local stream. The
model continues to help educate stakeholders on how different development scenar-
ios impact the environment. It also provides an opportunity to discuss the details
and implications of better development models, such as improving housing layouts
and designs, creating more compact communities, reducing the footprint of parking
lots, and planning for open space for stormwater benefits. Finally, by using small
sponges, the model can show residents in older, built-out neighborhoods how they
can mitigate the impacts of stormwater on their property. The sponges act as lawns
and gardens and are used to show how directing rainwater from the rooftop onto
these areas, instead of into the street, decreases pollutants and water that flow into
nearby streams.
Policy 45. Create a program to certify developers, builders,
and other industry professionals responsible for
implementing BMPs
Best management practices (BMPs) provide useful examples to developers, residents,
and other stakeholders on how to improve water quality, but they are only as effec-
tive as the quality of their implementation. For example, despite the fact that a
biorention or a grass swale serves as a BMP for reducing stormwater runoff, its suc-
cess can be hampered if it is not well-placed (i.e., if it is located over soils that do
not percolate well), not well-designed (i.e., it fails to catch significant site runoff), or
not well-maintained (i.e., if trash is allowed to collect and accumulate).
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62
Section 1: Protecting Water Resources at the Regional Level
One way to ensure that BMPs are effective is to certify contractors who have demon-
strated a capacity to construct, implement, and/or manage them well. Such a pro-
gram provides potential BMP users greater assurance that the maximum benefits will
be achieved. It also serves to build a demand for the skills required to attain certifi-
cation among contractors. Local or state agencies could administer the certification
program and provide subsequent random inspections to ensure that the contractors'
work is yielding the water quality benefits expected from a BMP.
Practice Tip: Construction activities are known to produce significant nonpoint
source pollution as a result of site erosion and runoff. The state of Maine has
taken steps to mitigate these impacts by certifying developers who successfully
demonstrate the use of techniques for erosion control. Under its Erosion Control
Law, Maine's Department of Environmental Protection (DEP) offers this volun-
tary, incentive-driven certification program to broaden the use of effective ero-
sion control techniques. Contractors are first taught erosion and sedimentation
control practices; then, one of their construction sites is inspected to demon-
strate their hands-on understanding of erosion control principles. Once this
activity is completed, the contractor is certified. As an incentive, the certification
program provides free marketing for developers and permits a certified contrac-
tor to advertise as a "DEP Certified Contractor."83
Policy 46. Provide municipalities with sufficient data to
make better land use decisions
WANT MORE
INFORMATION?
EPA has a variety of water
quality information avail-
able at: .
Land use data—such as data from remote sensing or mapping technologies—might
not be easily accessible to localities making decisions on where to direct develop-
ment. Increased coordination of the use and sharing of information, technology, and
models between localities and sources collecting the data can help communities
make more informed land use decisions.
Environmental agencies, research institutions, and federal agencies collect and ana-
lyze a great deal of data and information, but do not necessarily make it easily
accessible to localities. Providing municipalities with this information—and the
technical capacity to use it to its full benefit—can help local officials and residents
make decisions about the long-term impacts of the development decisions they
make today. Tools such as GIS and remote sensing are particularly important in the
early stages of the planning process (e.g., creating or revising comprehensive plans)
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Protecting Water Resources with Smart Growth
63
when the foundation is laid for growth that will occur during the next several years.
For example, remote sensing data that show the growth in sediment throughout
time at the base of a river or in a lake as a result of upstream erosion caused by
development of previously forested lands can be an incentive to better direct future
growth to mitigate impacts. Also, CIS maps can succinctly illustrate the nexus
between critical environmental resources and encroaching development pressures,
thereby highlighting areas in need of protection.
Practice Tip: Maine's Beginning with Habitat program is a habitat-based land-
scape approach to assessing wildlife and plant conservation needs and opportu-
nities. The goal of the program is to maintain sufficient habitat to support all
native plant and animal species currently breeding in Maine. It accomplishes
this by providing CIS data to municipalities. These maps can then be overlaid
on town maps to highlight areas where protection efforts should be focused.
The maps provide communities with information to guide conservation of valu-
able habitats and thereby protect water resources.84
WANT MORE
INFORMATION?
EPA Region 5 and Purdue
University developed an
online tool, the Long-
Term Hydrologic Impact
Assessment model, to
help planners measure
the water quality impacts
associated with land use
changes.The model is
located at:
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64
Section 1: Protecting Water Resources at the Regional Level
3U.S. Department of Agriculture, Economic Research
Service, Natural Resources and Environment Division.
1997. National Resources Inventory.
4U.S. Department of Agriculture, Economic Research
Service. "Major land use changes in the contiguous 48
states." Agricultural Resources and Environmental
Indicators (AREI), 1996-97. Agriculture Handbook
No.712, July 1997.
'The 10 percent figure is not an absolute threshold.
Recent studies have indicated that in some watersheds.
serious degradation may begin well below 10 percent.
However, the level at which watershed degradation
begins is not the focus of this paper. For purposes of
this analysis, the 10 percent threshold will be used as
an average figure.
5See, for example, Montgomery County Department of
Environmental Protection. 2000. Stream Conditions
Cumulative Impact Models for the Potomac Subregion'.
Caraco, Deb. 1998. Rapid Watershed Planning Handbook-
A Comprehensive Guide for Managing Urban Watersheds.
Ellicott City, MD: Center for Watershed Protection;
Schueler, Tom. 1994. "The Importance of
Imperviousness." Watershed Protection Techniques. 1.3:
100-111. Ellicott City, MD: The Center for Watershed
Protection. . Arnold.
C.L. and CJ. Gibbons. 1996. "Impervious Surface
Coverage: The Emergence of a Key Environmental
Indicator." Journal of the American Planning Association.
62.2: 243-258.
7U.S. EPA. June 2003. EPA; Draft Report on the
Environment Technical Document. EPA 600-R-03-050.
.
3New Jersey Water Supply Authority. Raritan Basin
Project Description, .
10U.S. EPA, Office of Water. Watershed Academy Web
site, .
"U.S. EPA, Region 1. Region 1 Smart Growth Web site.
.
12Henry, Natalie. June 13, 2003. "SoCal Counties
Combining Habitat Conservation Plans with Clean
Water Permits." Land Letter. E&E Publishing, EEC.
.
13U.S. Census Bureau, Population Division, Population
Projections Program. 2000. Annual Projections of the
Total Resident Population as of July 1: Middle, Lowest,
Highest, and Zero International Migration Series, 1999 to
2100. Washington, D.C. .
20Openlands Project. October 2001. Protecting Illinois'
Environment through a Stronger Facility Planning Process.
.
21Wisconsin Department of Natural Resources.
Wisconsin's Sewer Service Area Planning Program.
.
22City of Columbus Division of Sewerage and
Drainage. November 3, 2000. Facilities Plan Update.
.
23Temple University Center for Public Policy and
Eastern Pennsylvania Organizing Project. 2001. Blight
Free Philadelphia: A Public-Private Strategy to Create and
Enhance Neighborhood Value. .
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Protecting Water Resources with Smart Growth
65
26Pryne, Eric. May 20, 2002. "20 Years' Worth of County
Land?" Seattle Times.
27Ibid.
2BDeason, Jonathan, et al. September 2001. Public
Policies and Private Decisions Affecting the Redevelopment
of Brownfields: An Analysis of Critical Factors, Relative
Weights and Area Differentials. Prepared for U.S. EPA.
Office of Solid Waste and Emergency Response.
Washington, D.C.: The George Washington University
. Also, City of
Boca Raton, EL. Downtown Redevelopment.
.
^Metropolitan Washington Council of Governments.
Metropolitan Washington Air Quality Committee.
August 13, 2003. Plan to Improve Air Quality in the
Washington, DC-MD-VA Region, .
34Alliance for the Chesapeake Bay. 1997. "Air Pollution
in the Chesapeake Bay." Baltimore, MD.
33Kaspersen, Janice. November/December 2000. "The
Stormwater Utility: Will it Work in Your Community?"
Stormwater, The Journal for Surf ace Water Quality
Professionals.
36Cherry Creek Basin Water Quality Authority. Home
page, . Also, Cherry
Creek Stewardship Partners Web site. Cherry Creek
Stewardship Partners. Home Page. .
37Vellinga, Mary Lynne. January 31, 2002. "Sewer Fee
Plan to Limit Sprawl Gains Approval." Sacramento Bee.
. Also, Sacramento Regional County
Sanitation District. Rates and Fees, .
^Fort Worth Water Department. September 2002.
Recommendation of the 2002 Informal Water and
Wastewater Retail Rate Advisory Committee.
.
43Burchell, R.W and D. Listokin. 1995. Land,
Infrastructure, Housing Costs and Fiscal Impacts Associated
with Growth: The Literature on the Impacts of Sprawl
Versus Managed Growth. New Brunswick, NJ: Rutgers
University, Center for Urban Policy Research. As sum-
marized in The Technological Reshaping of Metropolitan
America, Office of Technology Assessment. OTA-ETI-643.
46City of Charlotte and Mecklenburg County
Government. Charlotte-Mecklenburg Utilities. <
www.charmeck.org/Departments/Utilities/Home.htm>.
47U.S. EPA, Office of Wastewater Management. October
2000. Potential Roles for Clean Water State Revolving Fund
Programs in Smart Growth Initiatives. EPA 832-R-00-010.
.
4BIbid.
49U.S. EPA. Development, Community, and
Environment Division. Table of Contents, Introduction.
Smart Growth Projects by Statutory Program.
.
'"National Association of Local Government
Environmental Professionals, The Trust for Public Land.
and Eastern Research Group. 2003. Smart Growth for
Clean Water: Helping Communities Address the Water
Quality Impacts of Sprawl.
-------
66
Section 1: Protecting Water Resources at the Regional Level
"U.S. EPA, Office of Water. March 2003. Voluntary
Guidelines for Management of Onsite and Cluster
(Decentralized) Wastewater Treatment Systems. EPA 832-
B-03-001. March 2003. .
"Shiller, Gene. Southwest Florida Water Management
District. June 27, 2003. Interview by Lynn Richards.
U.S. EPA, Office of Policy, Economics, and Innovation.
"South Florida Community Development Coalition.
Home page, .
"State of Massachusetts Executive Office of
Environmental Affairs. Community Preservation Act
Web site. .
'Trust for Public Land. Massachusetts Community
Preservation Act. .
"Rhodes, Milt. North Carolina Smart Growth Alliance.
Email communication with Madelyn Carpenter, U.S.
EPA, Office of Policy, Economics, and Innovation, June
27,2003.
"Nebraska Environmental Trust. Home page. .
"Clean Water Management Trust Fund. North Carolina
Clean Water Management Trust Fund. .
"McElfish and Casey-Lefkowitz. 2001.
52Ibid.
"Charles River Watershed Association. Home page.
.
"State of California Legislative Counsel. Senate Bill No.
221, Chapter 642. .
5BOvereiner, Paul. September 2, 2003. "Officials develop
initiative to improve Grand River." Jackson Citizen
Patriot.
MU.S. EPA, Office of Wetlands, Oceans, and
Watersheds. 2003. Fact Sheet, Water Quality Trading
Policy. .
70Ibid.
"Environmental Trading Network Web site.
.
"Paulson, C.L. 1997. Testimony on the Cherry Creek
Basin Water Quality Authority before the Water Quality
Control Commission of the State of Colorado.
"Northeastern Ohio Areawide Coordinating Agency.
Clean Water 2000: 208 Water Quality Management
report Plan for Northeast Ohio, .
74Openlands Project. October 2001. Protecting Illinois'
Environment through a Stronger Facility Planning Process.
.
"Campaign for Sensible Growth. October 2, 2002. Press
Release. "Illinois EPA Preserves Facility Planning Areas."
.
"Illinois Environmental Protection Agency. September
25, 2003. Press Release. "Advisory Group Selected to
Oversee Pilot Testing for FPA Overhaul."
.
"Northeastern Ohio Areawide Coordinating Agency.
Clean Water 2000 Plan. p. 16. .
"Northeastern Ohio Areawide Coordinating Agency.
Clean Water 2000 Plan. p. 11-4. .
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Protecting Water Resources with Smart Growth
67
'"Hernandez, Bobby. U.S. EPA Region 6. May 20, 2002.
Interview by Lynn Richards, U.S. EPA, Office of Policy
Economics, and Innovation.
31Nonpoint Education for Municipal Officials. Home
page. .
32The National Center for Smart Growth Research and
Education. Education 6s Training. .
34Maine Department of Inland Fisheries 6s Wildlife.
Beginning with Habitat.
-------
Photo courtesy of USDA NRCS.
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Protecting Water Resources with Smart Growth
69
SECTION II:
Site-Level Protection and Mitigation Measures
Where and how communities
grow—directly and indirect-
ly—affects water quality. As
discussed in Section I, conventional
postwar development patterns have had
adverse effects on U.S. waterways. To
help ensure the health of our water-
sheds, it is important to manage where
growth occurs from a regional perspec-
tive. It is equally important to discuss
how development should take place on
targeted sites to reduce potential nega-
tive effects—the subject of this section.
In addition to regional water impacts
caused by low-density dispersed devel-
opment, a number of site-level practices
are detrimental to water resources.
Setback and minimum lot size require-
ments maximize the amount of impervi-
ous surfaces around and between homes.
Parking standards for shopping and office
centers (as required either by localities or
lenders) result in the vast parking lots that
often characterize strip-shopping develop-
ment. Zoning that separates uses (e.g.,
residential, commercial, office) often
makes walking between destinations
impractical, requiring use of vehicles that
release emissions and toxic particulates
that find their way to waterways through
air deposition or polluted stormwater
runoff. Some density restrictions forbid
the construction of multi-story buildings
or accessory units that could accommo-
date more units on less land.
Smart growth techniques provide a
range of options for communities that
seek a different approach to growth.
Beyond the regional planning and coor-
dination discussed in Section I, commu-
nities have also used smart growth
approaches to improve site-level devel-
opment. They have encouraged the
development of existing impervious sur-
faces, in the form of infill development
and brownfield and greyfield redevelop-
ment. They have adopted a mixed-use,
compact approach to site development
that uses less land, and makes walking
and other modes of environmentally
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70 | Section II: Site-Level Protection and Mitigation Measures
friendly transportation feasible again.
Communities have found that design
considerations can not only improve the
aesthetic quality of developments, but
also their environmental quality. Finally
some communities are finding that
smart growth techniques can actually
provide greater flexibility for innovative
developers. With this flexibility develop-
ers are creating new construction and
design that make sound economic and
environmental sense, but are difficult or
impossible to achieve under current laws.
EPA and other organizations, such as the
Center for Watershed Protection, have
written extensively about numerous
BMPs and low-impact development
techniques that reduce site- or develop-
ment-specific stormwater runoff and
associated pollutants.85 When used in
combination with regional techniques,
these site-level techniques can prevent,
treat, and store runoff and associated
pollutants at the site. Many of these
practices incorporate some elements of
low-impact development techniques,
such as rain gardens, biorention areas,
and grass swales; many go further to
incorporate smart growth principles,
such as changing site design practices.
Incorporating these techniques will not
only help localities meet their water
quality goals, but will also help create
more interesting and livable communi-
ties. As with many development deci-
sions, implementing these approaches
could require communities to balance
site-level impacts with regional benefits
to achieve water quality improvements.
State and local governments can support
improved site-level protection and miti-
gation measures through the policies
discussed in the next four subsections:
site planning, site-level technologies,
ordinances and codes, and education.
For the most part, policies described in
this subsection support Smart Growth
Principle #5: Foster distinctive, attractive
communities with a strong sense of
place. As in the previous section, issues
to consider and practice tips are provid-
ed for many of the policies discussed.
SITE PLANNING
Local governments can direct develop-
ment to specific areas within their com-
munities. In addition, they can help plan
for how that development occurs. This
subsection focuses on planning
approaches that help ensure develop-
ment that is consistent with a communi-
ty's smart growth and water quality goals.
For example, stormwater runoff varies
substantially depending on a site's land
use and design. Smart growth approaches
can help communities prevent and man-
age their stormwater runoff and its effect
on water quality and quantity. Overall
site design considerations can have a
dramatic impact on reducing stormwater
runoff and associated pollutants.
In addition, critical ecological character-
istics, such as steep slopes and perme-
able soil, also must be addressed when
considering optimal site design to ensure
that the design meets ecological and
regional planning goals. Design and
development practices that take into
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Protecting Water Resources with Smart Growth | 71
account the site's natural features can benefit water quality and support water quali-
ty improvements in the local watershed. Site design features, such as drainage and
vegetation patterns, can increase onsite filtration of pollutants and minimize the
impacts of site runoff on water quantity and quality.
Policy 47. Consider cumulative site-level development-
related impacts
In most jurisdictions, only site-level impacts are considered in proposals for new
developments. A more accurate assessment of development impacts, however, would
consider the impacts from the current proposal as well as those of future planned
and probable developments. Throughout time, the impacts from increased develop-
ment across a region can have a compounding effect on regional water sources.
For example, limiting impervious cover at the site does not take into account the
transportation-related infrastructure, such as roads and parking lots, or the retail
venues that generally go along with development. Ten 100-acre sites that have 10
percent impervious cover will not simply translate into 1,000 acres with 10 percent
impervious cover; the net increase in impervious cover will be much greater.
A better understanding of the cumulative water quality impacts of site-level regula-
tion is necessary to ensure healthy regional water quality. Such an assessment would
consider direct and indirect impacts, as well as short-term and long-term effects,
resulting from current and proposed development. Having this cumulative informa-
tion would allow local governments to better plan site-level development activities.
For example, instead of limiting impervious cover at the site, they might wish to
limit the total impervious cover within their jurisdiction.
Practice Tip: North Carolina's Department of Environment and Natural
Resources developed a guidance document on cumulative and secondary impact
assessment on aquatic and terrestrial wildlife resources and water quality. This
document is intended to help local governments calculate the secondary and
cumulative water impacts associated with public projects. The recommendations
feature information on forested buffers, stream and wetland resources, infra-
structure locations, floodplains, impervious surfaces and stormwater treatment,
and erosion and sediment control. In addition, the guidance manual supports
the development of model codes to further guide future construction.86 These
recommendations apply to new public developments and existing ones under-
going significant modifications or expansion.
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72
Section II: Site-Level Protection and Mitigation Measures
Local governments can cre-
ate incentives to encourage
landscaped setbacks and
sidewalk medians.These
features not only reduce
runoff, but also improve the
community's character.
Policy 48. Provide incentives to encourage specific
development practices
A number of tools are available to communities to encourage development practices
that serve smart growth and water quality goals. In addition to regulations mandat-
ing certain types of development, incentives can help shape development practices
through voluntary changes. Incentives such as density bonuses, streamlined permit-
ting, and decreased fees are all ways to reward development that incorporates fea-
tures that improve water quality and enhance smart growth goals.
For example, a density bonus allows a developer to construct a building at a size
and scale beyond that allowed by conventional zoning, thereby offering more
opportunity for profit on the same amount of land. It is typically provided to devel-
opers as a reward or incentive when they provide a public amenity, such as parks,
plazas, or affordable housing; stormwater benefits could also be included in the list
of eligible public amenities. Municipalities also can offer decreased development fees
for developments that include features to minimize impacts on waterbodies. Such
features could include the use of pervious materials or landscaping that reduce
runoff and treat water onsite. Bonuses or reduced fees can also be provided to devel-
opers who agree to replace older water and sewer infrastructure serving the project.
This type of approach yields multiple stormwater benefits. More projects are likely
to incorporate features that mitigate runoff, and the increased density allows more
development to occur on less land, leading to more efficient use of existing roads,
sidewalks, and water and sewer systems.
Practice Tip: The city of Portland, Oregon, was the first in the nation
to offer significant private sector incentives, in the form of density
bonuses for developments that incorporate green roofs, to reduce
runoff. In 2001, with a large concentration of new development along
the Willamette River, the city approved the Floor Area Ratio bonus
option for developments that include the use of landscaped rooftops to
retain and filter rainwater. The program offers a sliding scale of density
bonuses based on the size and relative scale of the green roof; develop-
ers can earn as much as three square feet of additional floor area for
each square foot of green roof area.87
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Protecting Water Resources with Smart Growth | 73
Photo courtesy of USDA NRCS.
Policy 49. Minimize stormwater runoff through
construction site design
Construction activities are a major source of polluted runoff, especially
sediments. Rainfall during the site development process leads to ero-
sion from areas of bare soil left after vegetation is cleared and the site is
leveled. Designing construction sites with sediment and erosion con-
trol in mind can minimize water quality impacts during construction.
A key characteristic of smart growth communities is accommodating
more residences, business, transportation, and retail uses on less land. During actual
construction, using less land yields additional economic and environmental benefits
for the simple reason that less land is required for the development; consequently
less soil is disturbed during construction, decreasing soil erosion and the costs for
mitigating it. Further, the need for and expense of soil and erosion techniques, such
as silt fences, are based on the number of acres disturbed. Building on fewer acres
will save the developer money on soil and erosion technology. For example, a 1-acre
site requires far less silt fencing than a 10-acre site, which calls for the same fence to
be installed around its perimeter. If 10 residences are built on both sites, the per
unit cost of erosion mitigation drops dramatically on the smaller site, demonstrating
the cost savings that can be reaped through development of more compact sites.
Sediment in the street
in Des Moines, Iowa,
after a rain. Measures
were not taken to
protect the soil from
erosion during
development.
Policy 50. Use conservation site design
Conventional site design typically divides available land into equal lots. In conserva-
tion design, lot division instead responds to the site's natural features, preserving
large sections as open space and dividing the remaining land into smaller-sized lots
for construction.
In its simplest form, conservation design (also known as cluster development) is
development of a particular parcel in a manner that respects the site's natural and
cultural features. Conservation design is usually applied to new residential develop-
ments in rural or suburban settings, where specific features—such as mature wood-
lands or existing trout streams—are preserved through a careful arrangement of new
buildings and roads. These assets and other designated open spaces are often set
aside for permanent conservation; building design and infrastructure concurrently
take maximum advantage of these features (either as views or recreational sites).
WANT MORE
INFORMATION?
The Minnesota Land Trust,
with the University of
Minnesota, developed
a conservation design
portfolio that highlights
creative development
options. It can be viewed
at:
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74
Section II: Site-Level Protection and Mitigation Measures
All Rights Re:
©2003 Regents of the University of Minnesota
h the permission of Design Center for American Urban Landscape.
The homes at the
Fields of St. Croix are
clustered in blocks
allowing 60 percent of
the site to remain as
permanent open space.
Available data demonstrate that conservation design in greenfield
areas and in centrally located, compact, mixed-use developments has
fewer environmental impacts because less land is required to accom-
modate the same number of units and commercial space than in
low-density, dispersed developments. Conservation design benefits
water quality by ensuring that large portions of new developments
remain as permeable surfaces, with their ecological features intact.
For example, open space preserved on the site can reduce runoff and
allow infiltration of water to underground aquifers. Compact devel-
opment techniques, such as clustering homes and buildings, reduce
impervious surfaces.
Communities can encourage conservation design through open space zoning provi-
sions that require developers to cluster density (e.g., residential units) on a site away
from environmentally sensitive areas. Conservation easements could then be used to
preserve the retained open space. Open space zoning is supplemental to conven-
tional zoning and can be applied as an overlay district.88
Issues to Consider: Conservation subdivisions have become a popular tool to
preserve open space. However, they should be used with care as they could lead
to further separation of uses and increased dependence on automobiles. In some
cases, conservation subdivisions can spur leapfrog development. In the context of
a larger vision for the community, conservation subdivisions can play a vital role,
but they should be avoided as a piecemeal tool or solution.
Practice Tip: The Jackson Meadow development in Minnesota incorporates typ-
ical conservation design principles. Located on a 145-acre parcel of high ground
in open meadows and wooded hills overlooking the St. Croix River Valley, Jackson
Meadow uses a cluster-housing model, preserving more than 70 percent of the site
as open space. Housing and street patterns reflect existing models in the nearby
town of Marine, and the development is organized topographically with neigh-
borhoods oriented toward a central green. In lieu of typical suburban streets,
each neighborhood block shares a pedestrian way located between the fronts of
houses. The site is connected to Marine through a series of walkways and pedes-
trian corridors linked to the central green. Each pedestrian way connects direct-
ly to more than 5 miles of walking and cross-country skiing trails. From these
trails, residents of Jackson Meadow are within a 10-minute walk of the local ele-
mentary school and Marine's downtown village center. This new neighborhood
highlights the importance of walking, sustainability and diversity, and designat-
ing the best land as open space for community interaction and recreation.89
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Protecting Water Resources with Smart Growth
75
Policy 51. Minimize stormwater runoff through traditional
and non-traditional BMPs
While BMPs are accepted practices to reduce stormwater runoff, numerous opportu-
nities exist within the BMP framework to employ "non-traditional" smart growth
practices to reduce stormwater runoff and associated pollutants.
Communities can expand the concept of BMPs by incorporating "non-traditional"
approaches into their environmental management practice to reduce stormwater
runoff to its lowest possible levels. These approaches might include using compact
site design, preserving open space, incorporating street trees into a site design,
requiring planters within plazas, or improving comprehensive planning. Such strate-
gies not only reduce runoff but also foster distinctive, attractive communities. This
type of multi-objective approach is central to smart growth.
WANT MORE
INFORMATION?
The Center for Watershed
Protection maintains a
Web site with information
and resources for people
involved in stormwater
management.The site is
located at: .
Practice Tip: The state of Maryland has developed the Maryland Stormwater
Design Manual, which includes both design standards and environmental incen-
tives. The manual aims for better stormwater management by relying less on
standard BMPs for all development projects and more on an approach that
mimics existing hydrology through site design policies. The goal is to protect
the state's waters from adverse impacts of stormwater runoff, provide design
guidance on the most effective structural and non-structural BMPs for develop-
ment sites, and generally improve stormwater management practices on devel-
opment sites in the state.90
Policy 52. Designate smart growth site design as a BMP
EPA provides a menu of onsite BMPs to reduce stormwater runoff.91 As discussed in
the previous policy, a number of non-traditional BMPs help reduce runoff, decrease
associated pollutants, and enhance the look and feel of a neighborhood. Designating
a smart growth site design deserves special mention in an expanded policy toolbox
because of its potential to minimize development-related water quality impacts.
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76 | Section II: Site-Level Protection and Mitigation Measures
To designate a site design, regulators should identify and define criteria for numer-
ous design principles, including density levels, the number of uses the site accom-
modates, percentage of open space—including plazas, social gathering areas, or
other public amenities—and the range of transportation and housing choices avail-
able. Individually and collectively, these design features reduce overall land con-
sumption and impervious surface compared to more conventional development
designs.92 Designating smart growth site design as a BMP is an option at the state or
municipal level, providing another tool for developers to use to reduce storm water
runoff and associated pollutants.
At the state level, smart growth site design could be designated as a BMP where land
use controls are explicitly stated, such as within the state's general permit, any
stormwater management guidelines, or model stormwater ordinances. In addition,
although general permits in most states do not include specific suggestions on how
localities can manage their stormwater runoff, they do include sections that require
minimum control measures. States could include a section on reviewing or consid-
ering site designs within the permit approval process, recognizing the importance of
site design in managing stormwater runoff.
At the municipality level, several opportunities are available for specifying smart
growth site design as a BMP. A municipality can adopt a stormwater ordinance that
includes smart growth or modify existing ordinances to ensure that they allow
developers to use a smart growth site design as a BMP or to receive some other type
of water quality credit. In addition, municipalities can designate a smart growth site
design BMP as part of their public facilities manual, which provides a blueprint for
developers on how to implement ordinances and other local requirements. By defin-
ing and establishing specifications for a smart growth site design within this manual,
the municipality supports developers with the information they need to design and
build smart growth communities.
Policy 53. Allow green building points for infrastructure
repair
Green buildings are growing more popular as localities realize the benefits of buildings
that use less energy, contain better materials, and treat stormwater on the site. In older
cities and suburbs, however, site constraints such as the existence of legacy pollutants,
sewer and water pipes that are failing or in disrepair, and expensive land often limit
or prevent a developer's ability to follow standard green building practices for infiltrat-
ing stormwater on the site. A certified green building program could award points
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Protecting Water Resources with Smart Growth | 77
for infrastructure repair. These infrastructure repairs can encourage
additional development activity in areas needing revitalization.
For older cities, water and sewer pipes in disrepair can be a signifi-
cant water quality issue. During heavy rains, overtaxed sewer lines
back up into homes and streets with stormwater and sewerage.
Leaky water pipes mean that cities pay for water that seeps into the
ground rather than being delivered to customers. A city with a green
building scorecard could add a category for developers who want to
replace or repair the failing water and sewer infrastructure serving,
or proximate to, their projects. These "innovation points" would
have to be tied to the project and be awarded based on repair of an
identifiable source of water problems.
WANT MORE
INFORMATION?
The Green Building Council sponsors the
Leadership in Energy and Environment
Design (LEED) scorecard, which is a pop-
ular tool for localities that want to reward
developers who follow green building
designs. Information on LEED standards
can be found at: .
Policy 54. Allow offsite mitigation
Current approaches to stormwater management generally require onsite practices,
such as detention ponds. These approaches might not always be practical, however,
in higher-density areas or in compact, mixed-use communities. Another approach to
ensuring that stormwater is effectively managed is to allow offsite mitigation.
Offsite mitigation allows a developer to treat stormwater runoff at another location,
specified by the local government, in lieu of treating runoff at the development site.
Localities must approve the project in advance and ensure that it conforms to exist-
ing building and zoning regulations and provides for long-term site maintenance.
Offsite mitigation provides an opportunity to strategically locate mitigation facilities
where they can better address existing or potential water quality issues.93 For example,
Nashville, Tennessee's stormwater ordinance states, "if it is unfeasible to implement
onsite stormwater BMPs, then the development could design a system that controls
quality for an equivalent portion of runoff entering from the watershed above."94
In return for offsite mitigation, jurisdictions may increase allowable densities in
downtown and designated areas, for example, and then assume responsibility for
maintaining water quality in that particular area. This strategy allows developers to
build communities that integrate residential, commercial, and transportation uses—
and the resultant runoff flow—into the community and offset their water impacts
elsewhere, thereby ensuring overall regional water quality.
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78
Section II: Site-Level Protection and Mitigation Measures
WANT MORE
INFORMATION?
More information about
the CWP's Roundtable
series, smart site prac-
tices, and better site
design techniques, is
available at: .
Arlington County,
Virginia, decided in
the mid-1980s to
encourage high-
density development
around transit stops in
order to maintain the
neighborhood feel of
surrounding lower-
density communities.
Policy 55. Adopt model development principles
Sometimes development strategies that preserve open space and minimize impervi-
ous cover are practiced in some municipalities but not others nearby, undermining
efforts to improve overall regional water quality. Communities or organizations can
support more widespread adoption of improved development by adopting model
development strategies that minimize impact on water resources.
Existing planning and zoning regulations prescribe many of the features of conven-
tional development, such as large surface parking lots and dispersed, low-density
developments that adversely affect water quality. Using alternative development
design often requires time to obtain a zoning or other regulatory exemption—a
time-consuming and costly process. As a practical matter, widespread implementa-
tion of development strategies that preserve open space and minimize impervious
cover requires fundamental changes in the framework that determines how and
where land is developed. Such fundamental change requires a comprehensive com-
munity approach that identifies key priorities and coalesces in a shared vision of the
type of future growth that is desirable. Clear policy guidance, in the form of model
development principles, could be drafted and adopted by local jurisdictions to help
the community achieve its goals.
In 1996, the Center for Watershed Protection (CWP) began a project that provides
an example of how to carry out this process. Recognizing the link between site
design and watershed health, the CWP initiated a "Site Planning Roundtable" to
encourage better design at the site level. In the first phase of this national-level proj-
ect, a roundtable group consisting of planners, engineers, developers, attorneys, fire
officials, environmentalists, and transportation and public-works officials from
nationally recognized organizations came together to develop and endorse a set of
national model land development principles. Meant to promote economically viable
and environmentally sensitive site planning, these principles include the following95:
Shorter, narrower streets
Smaller parking lots
Increased stormwater treatment practices
More community open space
Increased vegetated buffers
Enhanced native vegetation
Limited clearing and grading
Photo courtesy of U.S. EPA.
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Protecting Water Resources with Smart Growth
79
Starting with these principles, numerous communities have since conducted their
own site planning roundtables, in which local stakeholders review the CWP tem-
plate and adapt it to include the principles that make sense for their own communi-
ties. These roundtables aim to provide communities with a technical and economic
framework to rethink their zoning and subdivision ordinances, planning processes,
and individual site development decisions. By strategically helping communities
revise their planning and zoning ordinances and incorporate model development
principles, such projects provide local governments with the tools to promote more
environmentally sensitive development across the entire region.
Practice Tip: The Frederick, Maryland, roundtable project adapted design prin-
ciples developed at the national level for local application. The Frederick
County Site Planning Roundtable was initiated partly as a result of conversations
between the county's planning and zoning staff and CWP staff. Employees of
CWP had observed that the county was rapidly developing using conventional
practices because many of the county's codes actually prohibited more innovative
development strategies that would reduce impervious cover. Using a consensus-
building process, the project identified local codes and ordinances that prohibited
or impeded better site designs. Roundtable members representing a wide range
of professional backgrounds were invited to participate in a nine-month process
to review the county's existing subdivision and zoning codes. The roundtable
reviewed the model development principles to identify which modifications
were needed for application to Frederick County and summarized its findings in
Recommended Model Development Principles for Frederick County, Maryland.
WANT MORE
INFORMATION?
Frederick County summa-
rized its findings in
Recommended Model
Development Principles for
Frederick County,
Maryland, available at:
.
Policy 56. Allow developers to pool stormwater manage-
ment efforts
Traditionally builders or developers are responsible for stormwater management
efforts only on their particular sites. Smart growth suggests another approach—
allowing developers to work together and pool resources and strategies for joint
stormwater management efforts. Such joint efforts can yield better environmental
results and can also achieve cost savings. Moreover, allowing developers to pool
stormwater management efforts can provide more flexibility for the developers
working in space-limited areas, such as infill sites. To encourage urban revitalization
efforts, infill development, and other development scenarios that might be space-
limited, communities could implement more flexible regulations for site-level miti-
gation that would permit developers to work together and pool resources for han-
dling stormwater.
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80 | Section II: Site-Level Protection and Mitigation Measures
Practice Tip: San Diego, California, has introduced flexible regulations to allow
the developers of multiple properties within infill development areas to pool
their resources for handling stormwater. Rather than requiring each property to
implement BMPs, the new rules allow developers to contribute to larger basin-
wide controls that serve a cluster of redeveloped properties. This method is
called the "localized equivalent area drainage" method. The city believes treat-
ment systems with a larger capacity serving a cluster of properties can remove
the same amount of pollutants as individual devices, such as filters placed
where water enters storm drains. By pooling resources, the city estimates that
developers will save up to $40,000 per acre.96
SITE-LEVEL STRATEGIES AND TECHNOLOGIES
The previous subsection focused on site planning approaches that communities can
implement to ensure development consistent with their smart growth and water
quality goals. This subsection describes strategies and techniques for the site design
process of a particular development. These strategies can help communities achieve
their goals based on how they want their neighborhoods to look, act, and connect
with other neighborhoods and still meet water quality objectives.
Policy 57. Maximize use of existing impervious cover
Redevelopment of previously developed sites provides water quality benefits by
reducing the need to accommodate growth on undisturbed, open land. These bene-
fits increase when the redevelopment of a site maximizes the use of already impervi-
ous cover by modifying it to serve multiple uses.
It is well known that the amount of impervious cover in a watershed directly affects
the volume of runoff, contributing to higher pollutant loads, more frequent flood-
ing, and the degradation of stream channels. As discussed previously, redevelopment
of brownfield or greyfield properties can decrease runoff. The logic behind this phe-
nomenon is simple: a parking lot that was previously 100 percent impervious cover
will have close to 100 percent runoff. Changing the use of that land by adding
houses, apartments, retail, or pocket parks will not increase runoff, but will, in most
cases, decrease it. In addition to brownfield and greyfield opportunities, many com-
munities might have smaller sites of existing impervious cover that could accommo-
date redevelopment activity. These more common opportunities include vacant and
abandoned buildings, land that held property that has since been torn down, under-
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Protecting Water Resources with Smart Growth
81
utilized retail areas such as declining strip malls, or out-of-business gas stations.
Identifying and marketing these properties as potential places for redevelopment
will not only help revitalize neighborhoods, but will reduce the need to accommo-
date growth on undisturbed land.
In addition, many impervious surface areas can be redesigned to capture runoff or
otherwise made to serve more than one use. By assessing and taking advantage of
such possibilities, communities can reduce runoff from impervious surfaces, such as
parking lots and rooftops. For example, rooftops that previously contributed to
runoff volume could be redesigned to capture and direct water to landscaping uses.
Plazas that serve as gathering places for lunchtime workers might, for example,
serve double duty as overflow parking lots for evening or weekend area visitors.
Underground parking, shared parking, and multi-purpose parking lots (including
those that serve as sites for markets or recreational facilities in off-hours) all serve to
eliminate the redundancy of facilities and reduce the need for construction of addi-
tional impervious surfaces.
Policy 58. Design open space areas to minimize stormwater
runoff
Incorporating small areas of open space, such as plazas or pocket parks, within
compact developments can serve a number of critical functions: as a gathering place
for residents, as a focal point for the development, as a tool to encourage privacy and
division of spaces, and as an environmental resource. With some strategic design
modifications, these valuable open space resources can often be used to reduce
stormwater runoff and still serve to create more attractive, distinctive communities.
Many redevelopment and infill projects use open spaces, courtyards,
and plazas to provide a community focal point, encourage community
interaction, and offer opportunities for recreation. Often they consist of
large areas of impervious surface, such as great swaths of concrete or
large circulating fountains. Others are comprised of landscaping fea-
tures that support infiltration and water retention. Communities can
reduce overall imperviousness by encouraging developers to expand
their use of landscaping and alternative covers—such as pavers, biore-
tention areas, or planting boxes—that allow for water infiltration.
These materials can often support the same functions as their impervi-
ous counterparts and also serve to store, filter, or treat rainfall to reduce
the impact of runoff on water resources.
Lawns can be modified
to capture and treat
runoff.
Photo courtesy of USDA NRCS.
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82 | Section II: Site-Level Protection and Mitigation Measures
Practice Tip: The Buckman Heights residential development in Portland,
Oregon, captures and filters rooftop runoff through a centralized courtyard fea-
turing two gardens of native and ornamental plants. A third vegetated channel is
located adjacent to the parking lot. The soil and plants in these gardens act as a
natural filter and reduce stormwater runoff. In addition, narrower driveways
and the use of a back-up dry well reduce the amount of runoff generated. These
combined efforts allowed the site to be built without connection to the
stormwater system and ensured that the development will not contribute to the
city's stormwater treatment needs.97
Policy 59. Preserve and enhance green areas in existing
neighborhoods
In many cases, vegetated areas remain in existing neighborhoods, community parks,
abandoned properties, or natural areas such as non-recreational streams or lakes.
Such areas make positive contributions to a community's water quality through infil-
tration or reduced imperviousness, but they are often fragile assets, small and frag-
mented, and strongly influenced by adjacent uses. Often they are susceptible to
compaction, dumping, and invasive plant species from adjacent developed sites.
Careful management of fragile or damaged green areas will encourage revegetation
and soil restoration and contribute to more attractive communities with a strong
sense of place. In approaching these publicly owned or abandoned sites, communi-
ties are advised to consider the type of vegetation most likely to improve water qual-
ity. For example, grass-covered sites are less likely to filter water and mitigate runoff
from neighboring sites than those with native vegetation. Lawn grass is generally
compacted during its installation and remains so during maintenance (e.g., continu-
al mowing). Communities must balance the need for water quality improvements
with the specific requirements called for by the site and its surrounding residents
and uses. In addition, thoughtful planning and zoning for developed uses in the
vicinity of these sites can also help to mitigate impacts upon these resources and
ensure that they provide important community and water quality benefits far into
the future.
Conservation easements, donations of public land-to-land trusts, and innovative
partnerships for the care of land (such as between a nearby association or school
and the local jurisdiction) are among possible long-term solutions for financing and
maintaining these sites. By whatever mechanism they are managed, attractive and
well-maintained green spaces can serve as community assets, spurring more invest-
ment and redevelopment of the surrounding areas.
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Protecting Water Resources with Smart Growth
83
Practice Tip: The 26th Street Gateway in Philadelphia, Pennsylvania, was previ-
ously a post-industrial wasteland of neglected spaces, crumbling asphalt, and
short-dumping sites. In 1989, the organization Philadelphia Green joined with
public and private organizations (including the Pennsylvania Department of
Transportation and Philadelphia's Department of Streets) to rehabilitate the
stretch of roadway. Natural areas were preserved, and native vegetation was
planted. Now this 1-mile stretch of land covering 25 acres is a meadow of native
trees, grasses, and wildflowers.98
Policy 60. Use green practices to manage rooftop runoff
Rooftops are by necessity built with impervious materials such as asphalt, metal,
shingles, and other tiled materials. They can still provide an effective means of
reducing runoff from sites, however, particularly in higher-density areas, if practices
such as rooftop gardens and other green infrastructure practices are used.
Rooftop runoff can be managed through the storage, reuse, and redirection of runoff
for stormwater management and other environmental benefits. Green roofs, in
which some or all rainwater is absorbed and redirected to other uses (such as
rooftop gardens), can be used to reduce the volume of rooftop runoff. Gutter sys-
tems can be designed to direct runoff from roofs into rain barrels, which subse-
quently provide a "grey water" resource for landscaping and thereby reduce water
demand. Runoff volume can also be reduced through improvements in the design of
rooftops and site layout, so that the reduced flow from less sloped roofs is directed
onto pervious surfaces instead of into stormwater systems.
Such techniques are useful in lower-density development, yet they also
have particular significance in higher-density compact developments
where marginal per unit decreases in runoff become significant when
multiplied by the greater number of units located onsite. These cumula-
tive effects might be great enough that they eliminate the need for deten-
tion ponds or other mitigation efforts that might otherwise interrupt the
flow and feel of a compact community. In addition, such mitigation
efforts can help communities avoid hotspot effects. Further, any effort to
reduce the pressure on an overtaxed stormwater infrastructure means
that more growth must be accommodated in existing neighborhoods, so
that open land on the urban fringe can be preserved.
WANT MORE
INFORMATION?
Increasingly, cities, private
industry, and residents are
installing environmentally
friendly roofs. A wide vari-
ety of case studies, infor-
mation,and technical
resources are available at:
and
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84
Section II: Site-Level Protection and Mitigation Measures
Issues to Consider: Specially trained architects must be employed to design sys-
tems that do not overwhelm the structural capacity of the roof, and to ensure that
the appropriate types of vegetation are used in a manner that is both cost-effec-
tive and protects the rooftop's sustainability and its stormwater management
capabilities."
Practice Tip: Completed in the spring of 2001, Chicago's City Hall rooftop gar-
den covers approximately 20,300 square feet and contains a variety of grass,
shrub, vine, tree, and other plant species. The roof's water storage slows down
and reduces direct discharge into storm sewers, resulting in less pressure on the
sewer system and improved water quality. The green roof is cost-effective, gener-
ating direct energy savings through a combination of shading, evapotranspira-
tion effects, and insulation.100
Jordan Cove, a low
impact development
in Waterford,
Connecticut, uses rain
gardens between
houses.
Policy 61. Use low impact development techniques
Low-impact development (LID) techniques are those that mimic the predevelop-
ment site hydrology to store, infiltrate, evaporate, and detain runoff. They are a nat-
ural complement to smart growth approaches that seek to reduce runoff through an
improved approach to regional development and site design. Although smart growth
approaches applied at the site level reduce the volume of runoff, the use of LID
techniques adds to the potential gains by mitigating the effects and pollution levels
of the site's stormwater runoff.
LID techniques are usually associated with new development sites, such as subdivi-
sions, parking lots, or other large uses with a high level of imperviousness, and
where the hydrological and topographical aspects of the site can easily be deter-
mined. Some aspects of the LID approach, however, are equally applicable to and
potentially beneficial for infill development. For example, vegetated buffers can be
located next to sensitive areas such as streams to slow the movement of runoff and
filter sediment and pollutants. Level spreaders are site features that convert concen-
trated runoff (such as that from a pipe that carries runoff from a number of impervi-
ous surfaces) to sheet flow that can be more evenly dispersed across a slope, thereby
causing less erosion than a single, high-volume stream.101
The potential for using LID techniques for urban infill areas is
increasing. Ongoing research is being conducted to evaluate the
impact of LID techniques in urban settings, as compared to their
Photo courtesy of the NEMO program and the University of Connecticut.
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Protecting Water Resources with Smart Growth
85
traditional application in rural and suburban contexts. More research is needed to
better understand the quality and quantity of runoff under various redevelopment
approaches and the potential economic savings to be gained by using LID to capture
stormwater flow before it enters a system that is at or over capacity.
Issues to Consider: Communities must resolve the question of how to pay for LID
features on a site. Given that reduced and/or improved stormwater runoff can
mitigate the need for treatment cost and system expansion, it might be appropri-
ate to offset the costs borne by private developers who incorporate LID through
some financial incentive, such as reduced fees. It might also be determined that
the aspects of LID that serve to reduce conventional site development costs—
such as clearing and grading—might be sufficient to offset any higher costs for
constructing features such as those discussed above. Further, the long-term cost
savings (in terms of turf and pavement maintenance and replacement) that are
generated by LID features could convince private developers that the additional
investment in stormwater mitigation site technology is worthwhile.
WANT MORE
INFORMATION?
The Low Impact
Development Center
offers a range of technical
information, resources,
and tools at: .
Practice Tip: In the Puget Sound area of Washington State, King County offi-
cials have merged their LID program with the community's larger smart growth
initiative to develop comprehensive planning and implementation for stormwa-
ter management. The Puget Sound Action Team, comprised of community lead-
ers, local governments, tribes, and businesses, oversees water quality protection
in the sound by setting up work plans and implementation goals for involved
groups. Projects to date include a LID CD-ROM with materials from the LID in
Puget Sound Conference, and an Alternative Futures project with the public to
test alternate land use scenarios with hydrologic and habitat models.102
Policy 62. Construct narrow, walkable, well-connected
streets
Many development sites today are connected by wide streets made of large quanti-
ties of impervious surface. The increased street width is not needed in all instances
and can make unpleasant, inconvenient, and at times unsafe places to walk.
Impervious surface can be reduced and walking can be encouraged if site design
incorporates narrower, walkable, well-connected streets for both vehicles and pedes-
trians to use. As a result, runoff can be reduced and air and water quality improved
through the reduced need for vehicular transportation.
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86
Section II: Site-Level Protection and Mitigation Measures
Downtown Annapolis, Maryland,
demonstrates that narrow streets can
still provide on-street parking, which
serves as a buffer for pedestrians.
Photo courtesy of U.S. EPA.
Communities can express their preference for
reduced runoff from narrower streets that are
better connected and use less impervious sur-
faces through design guidelines. Site design
guidelines might also call for alleys or rear lanes
that serve multiple functions, such as utility and
service areas, thus better maximizing the use of
existing impervious surfaces. Some counties and
metropolitan planning organizations have clari-
fied their objectives for street design in formal
street design guidelines. Others have stated a
maximum level of impervious surface for a par-
ticular parcel or watershed, and then give devel-
opers and designers flexibility to meet runoff
reduction requirements using a variety of tech-
niques, including open space, narrow roads,
parking structure design, and reduced building footprint. North Carolina's
Department of Transportation, for example, approved street design guidelines to
make it easier for local governments to implement traditional neighborhood street
networks in new developments. The guidelines specify street width and require
bicycle and pedestrian facilities, which support improved water quality as well.103
Issues to Consider: One critical component of a community's transportation sys-
tem is effective emergency response; fire, ambulance, and police officials need to
respond to calls quickly.To meet this need, roads are built to accommodate large
fire trucks with large intersections for faster turns. In some instances, communities
have abandoned plans for smart growth road and transportation improvements,
such as multi-use streets or engineering techniques to calm traffic, after fire chiefs
testify against the plans based on faster response times. Some emergency
response officials have pointed out, however, that the wider streets and turns
actually produce more safety problems than they solve, since they allow for high-
er speeds for all traffic. Others note that residential street designs, such as cul-de-
sacs and limited access points for private communities, also impede effective
response times.To achieve safer street networks, local governments should con-
sult emergency responders during the design phase of a road improvement proj-
ect, rather than at the end of the process.They should identify street and traffic
solutions that work well for everyone.
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Protecting Water Resources with Smart Growth
87
Practice Tip: The city of Columbus, Ohio, has developed a stormwater ordi-
nance that supports the reduction of impervious surface—including narrower
street widths that conform to the standards found in the Traditional
Neighborhood Development code—to lessen the impacts from runoff. Other
strategies include a reduction in commercial parking and the preservation of
open space, including agricultural lands and riparian areas.104
ORDINANCES AND CODES
Ordinances and codes are means by which a community can express its goals and
objectives for development. Ordinances and codes help shape the type and place-
ment of development in a community and manage its natural resources. As such,
they can be used to promote standards to better manage how and where develop-
ment takes place.
Policy 63. Adopt stormwater ordinances
Local governments are currently not required to have stormwater ordinances in
place. Adopting such an ordinance, however, is advisable because it lets communi-
ties effectively enforce development and mitigation guidelines that protect water
quality by reducing the quantity or improving the quality of stormwater runoff.
Stormwater ordinances give local governments the legal authority to shape develop-
ment and better protect water quality. The adoption of enforceable stormwater ordi-
nances is critical to implementing new and innovative ways to prevent or control
stormwater runoff. Such ordinances can require developments to conduct regular
maintenance activities. For example, local governments can set surface runoff limits
for post-construction stormwater runoff volumes and identify allowable nonstructural
and structural stormwater practices. The ordinances can also include language regard-
ing onsite stormwater requirements, and whether offsite treatment is an option.
State and regional governments can support communities by developing model
ordinances that can be customized to a locality's conditions and preferences. The
model ordinance developed by the Twin Cities Metropolitan Council in Minnesota,
for example, includes design standards for stormwater ponds, BMPs for protecting
water quality, and shoreline regulations.105
WANT MORE
INFORMATION?
The Center for Watershed
Protection maintains a
Web site containing
model stormwater ordi-
nances at: .
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88
Section II: Site-Level Protection and Mitigation Measures
WANT MORE
INFORMATION?
EPA offers a range of tools
and examples of
stormwater ordinances
on its Web site at: .
Issues to Consider: Stormwater ordinances are most effective when they clearly
identify the entity responsible for long-term maintenance and build in a require-
ment for regular inspection visits. Ordinances might call for the use of BMPs; they
should also provide supporting information, such as maintenance agreements and
inspection checklists, to ensure that they result in the desired water quality impacts
and perform efficiently during the long term. In addition, ordinances must be
comprehensive enough to ensure that regional water benefits are achieved, but
specific enough to reflect the needs of particular areas. Older urbanized areas, for
example, will face different stormwater issues than new developments.
Practice Tip: Grand Traverse County, Michigan's Stormwater and Sediment and
Erosion Control Ordinance is an example of an ordinance specifying operation
and maintenance provisions for stormwater, erosion, and sediment control. The
ordinance specifies actions property owners must take, including certification that
construction has been completed in accordance with the approved soil erosion
and stormwater runoff control plan, inspection procedures, and other compliance
and enforcement actions regarding stormwater, sediment, and erosion control.106
Policy 64. Adopt ordinances for source water protection
Under the Safe Drinking Water Act (SDWA), all states are required to complete
assessments of their public water systems that delineate areas that feed groundwater
and surface water supplies, and identify potential pollution risks. Additionally, to fur-
ther ensure water quality, a limited number of communities have ordinances in place
to protect source water. Communities should consider developing ordinances that
protect source waters, such as aquifers and watersheds, by adopting ordinances that
protect the most critical recharge or contribution areas, nearest to wells and intakes.
The purpose of source water protection is to prevent pollution from reaching the
groundwater, lakes, rivers, and streams that serve as local communities' drinking-
water sources. Ordinances can be developed to protect water sources and help safe-
guard community health by reducing the risk of contamination of water supplies.
Wellhead protection zones and aquifer protection areas are two examples of source
water protection ordinances that help protect groundwater sources. Water supply
watershed districts and lake watershed overlay districts are examples of local man-
agement tools that provide protection to surface water supplies by restricting land
uses around a reservoir used for drinking water. In all cases, communities can develop
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Protecting Water Resources with Smart Growth
89
an ordinance that applies to a specified area surrounding the water source in ques-
tion. Such ordinances are most effective when they provide clear guidance on the
allowable uses, water quality measures required during construction or in existing
developments, and other practices to help protect and ensure the quality of the
community's drinking-water sources.
Issues to Consider: Source water planning should be conducted on a scale that
ensures protection of the entire recharge zone for that particular water source. It
is unlikely that communities will be able to protect, or perhaps even define, entire
recharge zones, as these zones can be very large and could include substantial areas
outside of a community's jurisdictional boundaries. For surface waters, communities
might wish to create overlay zoning districts that have boundaries large enough
to protect the source water resource, tributaries, and the contributing streams.
For groundwater protection, communities can consult with the U.S. Geological
Survey (USGS) to ensure that their overlay zoning district encompasses the entire
area that recharges an aquifer. In addition, communities could contact the state
agency responsible for source water assessment. Many states have completed a
comprehensive effort to delineate and characterize critical wellhead protection
and surface water contribution areas for every public water system.
In addition, an ordinance should include specific information on the allowable
and prohibited land uses within the source water protection zone. For example,
many source water protection ordinances limit or forbid the storage of hazardous
materials and place restrictions on the location of businesses that use these mate-
rials within the district. An ordinance should include procedures for the review of
proposed projects within a source water protection district to verify that the proj-
ect is consistent with the ultimate goal of the ordinance.These procedures might
include requiring applicants to submit geotechnical and hydrological analyses to
determine the potential impacts to water quality, and the submission of spill con-
trol plans for businesses performing potentially contaminating activities. Finally,
the ordinance should include language explaining the mechanisms for enforce-
ment of the ordinance, including the civil and criminal penalties that could apply
for failure to obey. Local governments might wish to review state statutes and
regulations governing municipal land use and talk with public health authorities,
to assure consistency and avert concerns regarding state preemption.
WANT MORE
INFORMATION?
A new EPA source water
protection rule, Long
Term 2 Enhanced Surface
Water Treatment, allows
treatment credit for
watershed protection
actions. Details are avail-
able at: .
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90
Section II: Site-Level Protection and Mitigation Measures
WANT MORE
INFORMATION?
EPA's Office of Water has
numerous resources on
planning and implement-
ing source water protec-
tion programs, including
financial assistance, case
studies, and model ordi-
nances available, at:
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Protecting Water Resources with Smart Growth
91
appearance. In extreme cases, they might ban xeriscaping and prescribe the use
of a specific, water-thirsty type of groundcover,such as Kentucky bluegrass.One
community is seeking to remove these bans by opposing a proposed law that
would forbid new subdivisions in Denver, Colorado, from requiring landscaping
and banning the use of xeriscapes. Denver officials want more homeowners to
consider landscaping techniques that feature plants that require less water, but
sometimes are viewed as unappealing by neighbors.108
Practice Tip: Florida's water management district rules require that all local
governments consider adopting a xeriscape ordinance as a water conservation
measure. The Florida DEP prepared a model landscape ordinance that mini-
mizes irrigation and uses landscaping to protect water quality. The ordinance
would apply to all new construction and sites undergoing renovation that
require a local building permit.109
Policy 66. Adopt tree ordinances
Tree ordinances are among the many ways localities can foster distinctive, attractive
communities that also achieve water quality benefits. By encouraging communities
to plant more trees, tree ordinances help achieve these dual goals.
The stormwater benefits that trees provide are often not fully recognized. Trees
intercept and slow the fall of rainwater, helping the soil to absorb more water for
gradual release into water sources. This cycle prevents flooding, filters out toxins
and impurities from the water, releases water into the atmosphere, and reduces
stress on the stormwater system. Based on these various benefits, developers and
residents should be encouraged to plant and maintain trees.
Tree ordinances are most effective when they specify the goals of a community's tree
program, its methods of enforcement, and evaluation procedures. In addition, they
should provide clear guidelines and rules on how to plant and manage new and
existing trees on new development sites and along public streets. For example, street
tree ordinances can explain the practice of planting and removing trees within the
public right-of-way. They might also specify planting require-
ments for parking lots, thereby mitigating the effects of their
imperviousness. Smart growth projects and developments can
be designed to maximize the preservation and use of trees to
help improve the quality of a community's water resources.
Volunteer programs,
such as AmeriCorps,
can assist in imple-
menting a communi-
ty's tree ordinance.
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92
Section II: Site-Level Protection and Mitigation Measures
WANT MORE
INFORMATION?
American Forests devel-
oped a software package
called "CITYgreen," which
can help establish a base-
line tree canopy and esti-
mate the dollar value of
the services provided to a
community by its tree
cover. Garland, Texas, used
CITYgreen to measure the
cost savings associated
with its tree canopy and
learned that its trees pro-
vide 19 million cubic feet
in avoided stormwater
storage space, saving the
city an estimated $2.8
million annually in con-
struction costs for a
stormwater facility. This
tool is available at: .
Issues to Consider: Different trees have different absorption rates, growing con-
dition needs, growth rates, and lifespans. Policymakers should consult an expert
to determine which trees will provide the most water quality benefits for the
community. In addition, planners should ensure that the trees'future needs are
met by ensuring that tree planters are large enough to support tree growth in the
coming years.
Policy 67. Implement ordinances and standards to better
manage development along waterways
Waterbodies are particularly sensitive to the uses that surround them. Polluted runoff,
construction sediment, and the elimination of natural features that filter water can
have a dramatic effect on the quantity and quality of water resources. Communities
can develop and implement riparian standards and buffer ordinances to protect
zones along and around waterbodies. Furthermore, by preserving and maintaining
the land surrounding waterbodies, the community's character can be enhanced.
Riparian standards can help minimize the impact development has on riparian zone
functions by better directing and managing development. To be effective, standards
should consider the particular characteristics of the riparian zone and waterbody
being protected. For example, a small spring-fed creek will have different require-
ments for protection and accommodate different nearby uses than will a man-made
lake. Riparian areas have high ecological value, and standards designed to protect
them are critical to ensure that future development does not pose further threats.
Buffer ordinances, which protect water quality and aquatic habitat, regulate activity
in the strips of native vegetation along streams and other water resources. These areas
provide wildlife habitat, protect water quality, and serve as natural boundaries between
local waterways and existing development. Buffers help protect water resources from
the impacts of development by filtering pollutants, sediment, and nutrients from
runoff. Other benefits of buffers include flood control, stream bank stabilization,
stream temperature control, and room for lateral movement of the stream channel.
Ordinances can specify the size and management of the stream buffer.
Issues to Consider: To provide the functions necessary to protect water
resources from the impacts of development, buffer ordinances should require
that buffer boundaries be clearly marked on local planning maps. In addition, lan-
guage should restrict vegetation and soil disturbance during maintenance, tables
should illustrate buffer width adjustment by percent slope and type of stream,
and direction should be provided on allowable uses and public education.
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Protecting Water Resources with Smart Growth
93
Practice Tip: The state of Maine created a Mandatory Shoreland Zoning Law
that requires municipalities to protect shoreland areas by zoning land within
250 feet of coastal waters, lakes, and rivers, and within 75 feet of second-order
perennial streams. These zoning ordinances provide guidance on the types of
activities that can occur by establishing zones for resource protection, general
development, residential, and other uses, and by specifying building size and
setbacks for those areas in which development will occur. In addition, Maine's
revised Natural Resources Protection Act (NRPA) regulates development activity
within 75 feet of any mapped stream. To receive an NRPA permit, applicants
must demonstrate that the proposed activity will not cause unreasonable erosion
of soil or sediment or prevent naturally occurring erosion; unreasonably inter-
fere with the natural flow of any surface or subsurface waters; lower water quali-
ty; or cause or increase flooding. Together, these two legislative acts create stan-
dards for improved management of Maine's oceans, lakes, and streams.110
WANT MORE
INFORMATION?
EPA maintains a database
of model ordinances to
protect local water
resources. It is accessible
at: .
Policy 68. Reduce lot sizes through zoning and setback
requirements
Much of the low-density dispersed development apparent today is the result of zon-
ing requirements and building codes that specify how and where growth can occur.
As discussed throughout this document, communities can improve the quality of
their water resources through efforts that direct development to targeted areas and
encourage more compact development that consumes less land for growth. Revised
zoning and setback requirements are one way to achieve these goals.
Density bonuses encourage more growth on less land, reducing the total level of
imperviousness for a community—-just like guidelines that permit buildings to be
constructed with smaller setbacks or less parking. Zoning codes, subdivision stan-
dards, and setback requirements all directly impact the amount of land that will be
consumed by specifying minimum lot size. Communities can provide more choices
to residents—and achieve water quality benefits—by revising
zoning codes and subdivision standards. This action will allow
development on smaller lots and lower the requirements for the
distance that a building must be set back from its lot line. For
example, instead of requiring a minimum of a quarter-acre for
residential lots, as many current codes do, new codes could
allow development on smaller lots or more units to be built on a
quarter-acre parcel. Reduced setback requirements for front,
side, and rear yards allow homes and commercial buildings to be
built closer together and leads to shorter driveway and roadway
lengths to reduce total imperviousness.
Shared driveways are
another mechanism to
reduce lot size while
not compromising on
living space.
Photo courtesy of the NEMO program and the University of Connecticut.
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94
Section II: Site-Level Protection and Mitigation Measures
WANT MORE
INFORMATION?
A forthcoming revision to
Parking Alternatives: Making
Way for Urban Infill and
Brownfields Redevelopment
expands on how localities
can balance parking with
broader community goals
with more case studies and
new proven techniques.
This summer 2004 publica-
tion, Parking Spaces/
Community Places: Finding
the Balance through Smart
Growth Solutions, will avail-
able at: .
The current version can be
accessed at: .
Market Common, a
mixed-use develop-
ment in Arlington,
Virginia, has reduced
parking requirements
because of its prox-
imity to transit
and surrounding
neighborhoods.
Policy 69. Minimize parking requirements
Parking lots are a highly visible and significant share of a community's impervious
surface cover; they are sizable contributors to stormwater runoff. The size and
design of parking lots are currently dictated by a combination of zoning and build-
ing regulations implemented by localities, building features required by lenders, and
the conventional practices of builders and developers. Communities can directly
encourage smaller and more structured parking that reduces imperviousness
through revised parking requirements and other supportive policies, and indirectly
through education of developers and lenders.
A revised approach to parking can result in a number of water quality benefits.
First, smaller parking lots and structured parking can significantly reduce the extent
of imperviousness on a building site. This approach reduces the total footprint of a
development, allowing more of the site to remain undeveloped or capable of absorb-
ing additional, compact growth. Consequently, pressure to develop undisturbed
land for new development is lessened, and more pervious surface is retained. In
addition, a smaller parking footprint reduces the area on which pollutants can be
deposited and stormwater collected, thereby reducing polluted runoff.
Also, allowing on-street parking can reduce the need for parking lots and improve
walkability by helping to calm passing traffic. Montgomery County, Maryland,
encourages structured parking by charging a special parking assessment on new
development near the Bethesda Metro station; the money collected supports the
construction and maintenance of public, multi-story parking lots in the area. The
county's approach to privately constructed parking lots for offices is designed to
support the use of transit, thus reducing overall parking need. The county also pro-
vides carpool and vanpool spaces in specific facilities to encourage ridesharing and
tries to minimize the use of land devoted to parking by encouraging the mixed-use
development of sites.111 Other policies, such as market pricing for parking, provid-
ing only a limited amount of parking, eliminating parking subsidies, and using
shared parking, can also encourage the use of transit, ride sharing, bicycling, and
walking, and help reduce the demand and need for parking. Finally, communities
can require that a percentage of spaces used for overflow parking be constructed
with pervious or otherwise porous materials.
Finally, communities can encourage private-sector partners, such as
developers and lenders, to adopt reduced onsite parking by ensuring
that public transit systems are responsive to the transportation needs
of potential building users. Communities can also provide informa-
tion to developers and lenders on the extent to which public transit
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Protecting Water Resources with Smart Growth
95
can reduce the need for parking. Although this practice can deviate from the con-
ventional approach by lenders and developers, thorough and well-substantiated
information can encourage them to reduce the amount of onsite parking provided in
both residential and commercial developments.
Practice Tip: Olympia, Washington, conducted a study of the stormwater vol-
ume benefits associated with reduced impervious surfaces in new development,
redevelopment, and parking lots. The city found that reducing commercial
parking acreage by 20 percent could lower the impervious surface on the site by
11 percent. The city then surveyed commercial establishments to determine
whether they perceived that they would be able to reduce parking by 20 percent
without affecting business. In spite of the fact that business owners did not
think they had excess parking, Olympia determined that the typical occupancy
rate in parking lots was only 46 to 67 percent—a level clearly supportive of a
20 percent reduction. Eighteen of 31 representative sites had less than 75 per-
cent occupancy rates during the busiest peak hours surveyed.112
EDUCATION
Encouraging developers and communities to consider changes in how and where
growth occurs requires widespread education on smart growth alternatives and their
benefits. Through outreach, training, and information sharing on new development
approaches and innovative site-level construction techniques, state and local govern-
ments and water quality practitioners can help encourage smart growth practices
that improve water resources.
Policy 70. Provide resources to educate developers and local
staff on LID techniques
Low impact development (LID) techniques are a natural and valuable complement
to a smart growth approach to achieve water quality benefits. Because they represent
a significant deviation from the standard approach to development, communities
can encourage their wider use by making resources available to educate developers,
local staff, and others on LID techniques.
A number of resources are available to communities to support their efforts to edu-
cate staff and private-sector citizens. EPA provided support to the Low Impact
Development Center to create a number of tools for communities. For example, the
LID Integrated Management Practices Standards and Specifications tool helps pub-
lic-works agencies design and implement their own LID standards. Another tool, the
WANT MORE
INFORMATION?
The Low Impact
Development Center pro-
vides various community
tools at:
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96
Section II: Site-Level Protection and Mitigation Measures
LID Planning Process for Urban Areas, includes guidance for urban planners and
landscape architects on how to incorporate LID into master plans. The LID Training
Program for Linear Transportation is an interactive training program for federal,
state, and local transportation agencies. Finally, the LID Sustainable School Project
includes materials to help schools implement and monitor their own LID approach-
es as a learning tool.
Communities can achieve significant pollution prevention benefits by combining the
techniques of smart growth and LID. Improved education will ensure that both
approaches are used in a complementary manner to achieve the maximum possible
benefits for water quality.
Practice Tip: Cherry Creek Watershed Partners in Colorado is providing
resources to educate developers and staff by hiring a "Phosphorus Broker" as a
way to promote better development approaches surrounding Cherry Creek. The
Phosphorus Broker will identify LID techniques (such as constructed wetlands,
riparian buffers, and onsite storm water retention techniques), encourage devel-
opers to adopt these approaches, facilitate approval in the regulatory process,
coordinate outreach and education on the benefits of these approaches, and pro-
mote wider implementation of these practices. This strategy serves as a contrast
to the common approach in which local regulatory compliance is assessed only
after construction begins.113
Policy 71. Create a statewide
educational program for local
experts
Statewide programs to educate local experts about
new practices and techniques can build valuable
support for local water quality efforts. Such pro-
grams also can serve as a way for water profession-
als to network and share ideas. Well-educated resident
experts can help guide and support local decisionmak-
ers on development options that will have a significant
water quality impact. These educational programs can
also be used to encourage more general smart growth
practices and create a deeper understanding among water
experts on the relationship between growth, development
and water.
NEMO continues its education
program for its national network
of water quality and land use
experts.
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Protecting Water Resources with Smart Growth
97
Practice Tip: The state of Indiana's Planning with POWER program is based on
education and outreach.114 In Indiana, all extension agents (university-based
community leaders) are voting members of local zoning commissions, and are
therefore in a strong position to educate other commissioners about the impacts
of development on water quality. Through this program, extension agents essen-
tially create a technical advisory committee on natural resources and water qual-
ity, comprised of local representatives from the Natural Resources Conservation
Service, the Indiana Soil Conservation District, and the Indiana Department of
Environmental Management. The teams hold monthly meetings and bring tech-
nical resources into the planning and zoning process.
Policy 72. Notify homebuyers of future water availability
and cost
Individuals are often not fully aware of the impacts that their personal actions have
on their local watershed. For example, the cumulative purchases by homebuyers of
large-lot homes have a direct and significant effect on the community's overall
demand for water.
Although it is not currently a common practice, local authorities, realtors, and
lenders could help raise homeowner consciousness concerning water issues by edu-
cating potential homebuyers on the probability of future water limitations. Rural
communities are increasingly trying to educate potential homebuyers on the realities
of rural living. For example, the Planning Department in Ottawa County, Michigan,
a predominately agricultural community, created a "scratch and sniff brochure that
provides future homeowners a strong whiff of how their community smells.115 The
point was simple: we are a farming community and want to stay a farming community.
Information on state water supply projections, local growth and population esti-
mates, and anticipated policy changes (such as higher rates for excess water use), for
example, could be also provided to future homebuyers. As a result, they would be
better equipped to assess the likelihood that affordable water will be available in the
future, which should be an important consideration when purchasing a home. Such
knowledge of future water supply issues might encourage buyers to reconsider the
personal and public financial impacts of large lots and the environmental effects that
could result.
WANT MORE
INFORMATION?
Extension agents are uni-
versity-based community
educators. Originally
based in land grant col-
leges and universities, the
extension program has
since been expanded to
include wide-ranging pro-
grams such as growth
and development, water
resources, and disaster
mitigation. Information
on Sea Grant programs
can be found at:
and information on the
Land Grant programs is
available at: .
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98
Section II: Site-Level Protection and Mitigation Measures
Photo courtesy of USDA NRCS.
Policy 73. Educate citizens and businesses
to help protect water resources
Small efforts can have a lasting impact on water quality if
many participate. Oftentimes, those interested in helping
maintain or improve the quality of the water are at a loss
about how to contribute to the effort. When informed
about behaviors that are detrimental to the environment,
many individuals and businesses are likely to want to learn
what they can do to help. Creating programs, educational
opportunities, and incentives for behaviors that improve
water quality can make a major difference in preventing
additional degradation.
Tree seedlings given to chil-
dren who walk to school for
a week is an excellent oppor-
tunity to educate the next
generation about their envi-
ronmental decisions and to
enhance the beauty of their
school.
Schools and local civic organizations can co-sponsor spe-
cial programs on how to contribute to cleaner water.
Educational opportunities can be created through formal
workshops or training seminars, or informal means such as
fact sheets and Web-based resources. Incentives can be
offered to encourage desired behavior. For example, tree
seedlings could be given to children who walk to school
for a week instead of riding in a car. Special community-
wide events can be organized by local governments to highlight and demonstrate the
impacts of individual behavior. For example, a local government could designate a "no
fertilizers" month, in which homeowners and commercial buildings agree not to use
fertilizers on lawns or plants. The resulting water quality impacts could then be meas-
ured and presented to the community as evidence of their successful contributions.
Efforts to educate the public about how smart growth can improve water quality,
encourage more individuals to get further involved with community planning proj-
ects, and demonstrate how water-efficient technologies and designs that impact
water quality are likely to result in improved behavior. Small changes in behavior
will eventually translate into higher water quality on a regional basis. With a greater
understanding of their individual impacts on development, communities and resi-
dents are likely to express greater support for smart growth initiatives.
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Protecting Water Resources with Smart Growth | 99
Practice Tip: Portland, Oregon, implements several programs to educate indi-
viduals and businesses about their role in water quality. Programs include initia-
tives to disconnect rain gutters from the storm sewer system (instead directing
rainfall to absorbent flowerbeds and surfaces), promote native landscaping prac-
tices, and support community-based and K-12 projects that involve hands-on
activities such as tree planting and monitoring projects on school grounds to
educate children about stormwater management.116
Policy 74.Train teachers on smart growth issues
Due to the increased development of environmental education programs (such as
"reduce, reuse, recycle") during the last few decades, many children are increasingly
aware of and sensitive to environmental concerns. Few, however, have an under-
standing of how their communities are created and shaped, and the impacts that
they, as residents, have on the environment. Municipal officials and water manage-
ment districts can work with local schools to incorporate smart growth issues into
their curricula.
Teachers can be supported to educate their students on these connections through
programs that provide them with greater capacity and resources on the issues of
watershed protection, land use and development, and the principles of smart growth.
As these ideas are incorporated into school curricula, children will have access to
knowledge that will enable them and their families to better protect water resources.
Practice Tip: The Southwest Florida Water Management District created Project
WET (Water Education for Teachers) to help build capacity in local teachers on
environmental issues. The Project WET Curriculum and Activity Guide is a col-
lection of more than 90 innovative, interdisciplinary activities that are hands-on,
easy to use, and fun. These curriculum guides are available to teachers through
free workshops that prepare them to educate children in K-12 about their local
watershed and how to make informed decisions about water resources. The dis-
trict's Growth and Development newsletter for high-school students provides
information on how growth and development can impact natural resources. The
district also provides mini-grants for classroom projects on watersheds, water
quality, and alternative sources of water and conservation.117
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100 I Section II: Site-Level Protection and Mitigation Measures
WANT MORE
INFORMATION?
The Trust for Public Land's
publication, Economic
Benefits of Open Space,
comprehensively details
the stunning economic
benefits of open space. It
is available at: .
Policy 75. Encourage information-sharing among
developers concerning smart growth designs that protect
water resources
Communities supportive of smart growth approaches have realized there is a market
segment demanding neighborhoods with vitality and diversity—with stores, parks,
and businesses within walking distance of their homes. Often one barrier to build-
ing better communities is the lack of awareness from the development community.
Some developers have recognized this growing market segment, in part because
developments with smart growth characteristics command a market premium, yet
some developers are still unaware of how to address the permitting, construction,
and design issues that many smart growth developments face.
To address this barrier, more developers with a working knowledge of smart growth
approaches are needed. Information-sharing among developers, through venues
such as the National Association of Home Builders, about their experiences with
smart growth can be a step toward meeting these needs. Because developers have
intimate knowledge of the development process, they can provide valuable informa-
tion on how to implement many of the ideas discussed in this section. Developers
can therefore be strong advocates for techniques that protect water quality, save
them money, and build better neighborhoods.
Practice Tip: The Builders for the Bay project is a unique partnership between
the development and environmental communities. The Center for Watershed
Protection, the Alliance for the Chesapeake Bay, and the National Association of
Home Builders have agreed to hold local roundtables in the Chesapeake Bay
watershed to help local jurisdictions incorporate more environmentally sensitive
site designs into existing subdivision codes and ordinances. Currently, many
localities require a special exception process for developers to utilize these tech-
niques. Adoption of the regulations developed through these roundtables would
provide more flexibility in the development process, help preserve natural areas,
reduce stormwater runoff, and achieve cost savings. Roundtable participants
include local government planning and zoning departments, watershed organi-
zations, developers, landowners, and other community stakeholders.118
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Protecting Water Resources with Smart Growth
101
"National Stoimwater Best Management Practices
Database, . Also, Center for
Watershed Protection. The Stormwater Managers
Resource Center, .
36North Carolina Wildlife Resources Commission.
August 2002. Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and
Terrestrial Wildlife Resources and Water Quality.
<216.27.49.98/pg07_wildlifespeciescon/
pg7c3_impacts.pdf>.
"The Green Roof Infrastructure Monitor. 2001.
"Portland Provides Incentives for Green Roof
Implementation." The Green Roof Infrastructure Monitor.
3:1. .
'"Maryland Department of the Environment. Maryland
Stormwater Design Manual, Volumes I & II (Effective
October 2000). .
"U.S. EPA, Office of Water. "National Menu of Best
Management Practices for Storm Water Phase II."
National Pollutant Discharge Elimination System
(NPDES). .
^Metropolitan Government of Nashville and Davidson
County. Metro Stormwater Management Manual.
.
"Brown, Whitney. 1998. Better Site Design: A Handbook
for Changing Development Rules in Your Community.
Ellicott City, MD: Center for Watershed Protection.
< ww w cwp. o rg>.
!6U.S. EPA. Development, Community, and
Environment Division. February 2003. Using Smart
Growth Policies to Help Meet Phase II Storm Water
Requirements [Draft]. Also see City of San Diego.
Appendix G: LEAD Method As Proposed by the City of
San Diego, .
"Chicago Department of Environment. Rooftop Gardens
and Green Roofs. .
'""Chicago Department of Environment. City Hall
Rooftop Garden. .
103U.S. EPA. Development, Community, and
Environment Division. Smart Growth Policy Database.
.
106Grand Traverse County Department of Public Works.
Stormwater and Sediment and Erosion Control
Ordinance: Operation and Maintenance. .
-------
102
Section II: Site-Level Protection and Mitigation Measures
1XU.S. Water News Online. "Proposed Denver law nur-
tures xeriscape growth." .
'"Florida Departments of Community Affairs and
Environmental Protection. November 2002. Protecting
Florida's Springs: Land Use Planning Strategies and Best
Management Practices. .
1 "Planning with POWER. Home page. .
"'Southwest Florida Water Management District. Project
WET. .
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Protecting Water Resources with Smart Growth
103
Appendix A: Acronyms
BMP Best management practice
CSO Combined sewer overflow
CWA Clean Water Act
CWP Center for Watershed Protection
DEP Department of Environmental Protection
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
FPA Facility planning area
CIS Geographic information systems
IEPA Illinois Environmental Protection Agency
LEED Leadership in Energy and Environmental Design (Green Building Rating System)
LID Low Impact Development
MCM Minimum control measures
MPO Metropolitan planning organization
NEMO Nonpoint Education for Municipal Officials
NOACA Northeastern Ohio Areawide Coordinating Agency
NPDES National Pollutant Discharge Elimination System
NRCS Natural Resources Conservation Service
NRPA Natural Resources Protection Act
SRF State revolving fund
SDWA Safe Drinking Water Act
TDR Transfer of development rights
TMDL Total maximum daily load
USDA United States Department of Agriculture
USGS U.S. Geological Survey
WET Water Education for Teachers
-------
Appendix B: Additional Resources
Appendix B: Additional
Resources
GENERAL SMART GROWTH
International City/County Management
Association and Smart Growth Network. Why
Smart Growth: A Primer, .
Smart Growth Network.
.
Smart Growth Network and International
City/County Management Association. Getting
to Smart Growth: 100 Policies for
Implementation, .
U.S. Environmental Protection Agency. Smart
Growth Web site, .
BEST MANAGEMENT PRACTICES
American Forests. CITYgreen software.
.
U.S. Environmental Protection Agency. Urban
Stormwater Best Management Practices Study.
.
U.S. Environmental Protection Agency.
National Menu of Best Management Practices
for Storm Water Phase II. .
U.S. Environmental Protection Agency. Smart
Growth and Brownfields Initiative.
.
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Protecting Water Resources with Smart Growth
105
EDUCATION/TRAINING
Nonpoint Education for Municipal Officials.
.
National Association of Conservation Districts.
.
Sea Grant Coastal Communities and
Economies, .
FUNDING
U.S. Environmental Protection Agency.
Potential Roles for Clean Water State
Revolving Fund Programs in Smart Growth
Initiatives. .
Low IMPACT DEVELOPMENT
The Low Impact Development Center.
.
Low Impact Development Urban Design Tools.
.
U.S. Environmental Protection Agency. Low
Impact Development Web page.
.
STORMWATER MANAGEMENT/UTILITIES
Pioneer Valley Planning Commission. How to
Create a Stormwater Utility, .
Stormwater Manager's Resource Center.
.
U.S. Environmental Protection Agency. Model
Stormwater ordinances, .
World Resources Institute. Credit Trading Web
site, .
WATERSHED MANAGEMENT
U.S. Environmental Protection Agency.
Watersheds, .
Center for Watershed Protection.
.
Trust for Public Land. Greenprints for Growth.
.
-------
106 | Appendix C: Bibliography
Appendix C: Bibliography
Alliance for the Chesapeake Bay. 1997. "Air
Pollution in the Chesapeake Bay." Baltimore, MD.
American Water Works Association. 1996.
WATERASTATS Database Summary, .
Arlington County, VA. February 26, 2003 Press
Release. "Arlington County One of the First in the
Nation To Adopt 'Main Street' Form Based Code."
Arlington County, VA. .
Arnold, C.L. and C.J. Gibbons. 1996. "Impervious
Surface Coverage: The Emergence of a Key
Environmental Indicator." Journal of the American
Planning Association. 62.2: 243-258.
Arnold, Chet. Nonpoint Education for Municipal
Officials. December 18, 2001. Interview by Lynn
Richards, U.S. EPA, Office of Policy, Economics,
and Innovation.
Beach, D. 2002. Coastal Sprawl: The Effects of Urban
Design on Aquatic Ecosystems in the United States.
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116 | Appendix C: Bibliography
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