Enman Kesselring Engineers is here to help you understand how the 3 Acre Stormwater Permit may impact your property. Contact us at 802-775-3437. The following provides a brief summary of the program.
Which properties are Affected?
- Properties in the Lake Champlain and Lake Memphremagog watersheds. (All of Rutland County except parts of Killington)
- Properties with 3 acres or more of impervious area (combination of roof, asphalt, gravel, concrete), that were either never permitted, or permitted and constructed prior to 2002.
Click here to see if your property is on the State’s list of 3 Acre properties
When is Action Required?
Initial permit applications will be due on a staggered schedule beginning December 1, 2021.
The program requires submittal of an initial permit application to the Stormwater Program, providing an estimate of the total area of impervious surfaces and identification of prior permits by the following dates:*
- December 1, 2021 for projects with expired permits.
- January 1, 2022 for projects in impaired watersheds. (Much of Rutland City is in an impaired watershed.)
- June 1, 2022 for projects in non-impaired watershed.
Following the initial submittal, the property owner will have 18 months to conduct an engineering feasibility study, and prepare an engineered design and a full permit application for submittal to the state.
Upon receipt of a permit landowners will have up to five years to construct the new stormwater systems.
Payment of impact fee is required if a retrofit system is not feasible.
*Dates may vary depending upon whether a site has pre-existing permits and if it is located in an impaired watershed.
Standards
- Project shall meet the Redevelopment Standard by (1) reducing impervious area by 25% or (2) capturing and treating 50% of Water Quality Volume
- If located in an impaired watershed (much of Rutland City)- three stormwater design parameters need to be satisfied (Groundwater Recharge, Water Quality Treatment, and Channel Protection).
- Maximization of area treated is required by rule.
- 2017 design standard applies to retrofit designs.
- Costs are not a consideration. Construction can only be avoided and Impact fees paid following a feasibility analysis demonstrating that required standards cannot be met. Even if it costs more to implement a system than to pay impact fees, a landowner is required to install the system.
How Much are Impact Fees?
Impact Fees are assessed if a project is unable to comply with the State standards. (Not all fees apply to each project.)
- Water Quality Treatment – up to $25,000/acre for impervious areas where Water Quality Volume is not achieved.
- Channel Protection Volume – up to $25,000/acre for impervious areas where Channel Protection Volume is not achieved.
*Projects in the Moon Brook/Muzzy Brook Watersheds in Rutland City could be subject to impact fees as high as $50,000/acre of impervious area.
There are situations where impact fees could be less.
Eligibility for Receipt of Stormwater Impact Fees (funding)
The State has not yet issued a funding plan. Our preliminary understanding is that if a site is able to exceed treatment requirements, the project would qualify for some level of funding. Funds would only be distributed after construction has been completed.
Next Steps
Owners of 3 Acre properties should have received a letter (fall 2020) from the State Stormwater Division notifying them of the requirement to comply with the Rule and General Permit.
Contact a Stormwater Engineer for assistance in evaluating your options.
Enman Kesselring Engineers 802-775-3437