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New Countrywide Stormwater Permit Adversely Affects Real Property Owners, Business, and Developers
Public Agency and Real Estate Land Use Law Update | 2/1/2010

A new countywide stormwater permit fundamentally changes development by requiring real property owners, businesses and developers to implement “low impact development” (LID). All applicable projects must capture, treat, retain and infiltrate runoff from storm events. Virtually no storm water runoff will be permitted during storm events!

Failure to comply with the numerous substantive and technical requirements will lead to both civil and criminal penalties.

Who is affected?

• If you are constructing 5000 sq. ft. or more of impervious surface, (including redevelopment of a site if 50% or more of its impervious surface is altered).
• Automotive service facilities, retail gas stations and automotive dealerships, commercial nurseries and nursery centers, parking lots, and restaurants adding 5000 sq. ft. or more.
• Expansion of parking lots of 5,000 sq. ft. or more of impervious surface or with 25 or more parking spaces.
• Streets, highways and freeways installing or constructing 10,000 sq. ft or more of impervious surface.
• Single-family homes that add or replace 10, 000 sq. ft. of impervious surface.
• All development within 200 feet or less of, or discharging directly to, environmentally sensitive areas.

Click here to review Nancy Kierstyn Schreiner’s article on this new permit and its requirements to avoid serious delays and loss of funds.

For questions regarding this new permit, call Nancy Kierstyn Schreiner or any member of the firm’s Real Estate & Land Use Group or Public Agency Law Group.