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Natural Resource Protection SEQR and Other Envir. Regulation John Zepko, CPESC David Nelson, AICP Cayuga County Department of Planning and Economic Development 24 August 2017 ---PAGE BREAK--- PURPOSE To introduce the purpose and concepts behind the State Environmental Quality Review Act (SEQRA) and other environmental regulation common to land use and development projects. ---PAGE BREAK--- Topics Covered SEQR – basic introduction and 2017 updates Stormwater Management – purpose, thresholds and requirements Protection of Wetlands Floodplain Development ---PAGE BREAK--- SEQRA State Environmental Quality Review Act • Adopted in full effect November 1978 • Article 8 of the New York State Environmental Conservation Law • Regulations at 6 Part 617 ---PAGE BREAK--- “New York's State Environmental Quality Review Act (SEQR) requires all state and local government agencies to consider environmental impacts equally with social and economic factors during discretionary decision-making. This means these agencies must assess the environmental significance of all actions they have discretion to approve, fund or directly undertake. SEQR requires the agencies to balance the environmental impacts with social and economic factors when deciding to approve or undertake an "Action".” NY Department of Environmental Conservation. (1999). Introduction to SEQR. Retrieved from www.dec.ny.gov/permits/6208.html ---PAGE BREAK--- “Environment” as defined by SEQR • Land • Air • Water • Minerals • Flora (Plants) • Fauna (Animals) • Noise • Human Health • Resources of agricultural, archeological, historic, or aesthetic significance • Existing patterns of population concentration distribution or growth • Existing community or neighborhood character ---PAGE BREAK--- What is an “Action” subject to SEQR? Physical Actions that may affect the environment by changing the use, appearance, or condition of any natural resources or structures, whether those actions are directly undertaken by an agency, involve funding, or require approvals. Planning or Policy making activities that may affect the environment and commit the agency to a definite course of future decisions, such as adoption or significant amendment of Comprehensive Plans. Adoption of rules, regulations and procedures, including local laws, codes, ordinances, executive orders, and resolutions, that may affect the environment. A combination of the above, such as approval of a site plan where a zoning variance or change is also required. NY DEC Division of Env. Permits. (Aug 1, 2014). SEQR: Guiding the Process. Retrieved from www.dec.ny.gov/docs/permits_ej_operations_pdf/guidfnledits27409.pdf ---PAGE BREAK--- How SEQR Works • Agency Proposes Action or Receives Application • Action Classified * • Lead Agency Established • Significance of Action Determined * • Environmental Impact Statement, If Needed • Findings and Agency Decision * SEQR Process Can Conclude At Any of These Points * NY Department of Environmental Conservation. (Aug 1, 2014). Welcome to SEQR 101. Retrieved from ---PAGE BREAK--- The SEQR Process ---PAGE BREAK--- Type I actions Presumed to have a significant adverse impact on the environment and are more likely to require the preparation of an EIS Examples: •Adoption of a municipality’s land use plan (including comprehensive plan) •The adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district; •50 residential units not connected to public water and sewer, or 250 units connected •Non-residential structures with more than 100,ooo square feet of gross floor area ---PAGE BREAK--- Type II Actions Categorically determined NOT to have a significant adverse impact on the environment Examples: maintenance or repair involving no substantial changes in an existing structure or facility; Farm management practices Construction or expansion of a single-family, two-family, or three-family residence official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s); ---PAGE BREAK--- Unlisted Actions Not Type I or Type II Examples: Non-residential structures between 4,000 and 100,000 gross square feet Local laws regulating land use that affect < 25 acres Environmental review must continue. ---PAGE BREAK--- The SEQR Process ---PAGE BREAK--- SEQR Environmental Assessment Forms (EAF) Type I Action = Full EAF Unlisted Action = Short EAF Type II Action = No further review Full EAF is optional for unlisted actions ---PAGE BREAK--- The SEQR Process ---PAGE BREAK--- What is an Agency? A public body which has the jurisdiction to fund, approve or directly undertake an action. Planning & Zoning Boards Town, Village, City Boards/Councils State Agencies County Legislatures ---PAGE BREAK--- About Agencies: Involved Agency – has the jurisdiction by law to fund, approve, or directly undertake an action Interested Agency – a public body that does NOT have jurisdiction, but wishes to participate due to expertise or a specific concern Lead Agency – an involved agency, responsible for conducting SEQR, determining whether an EIS will be prepared, and evaluating the benefits and impacts of the “action” ---PAGE BREAK--- The SEQR Process ---PAGE BREAK--- Determination of Significance Based on information in the EAF Criteria to consider: Adverse changes to the environment Reduction of wildlife habitat Hazard to human health Substantial change in the use of land Creating a conflict with adopted community plans or goals Impairment of “community character” ---PAGE BREAK--- Determination of Significance Will the action have a potential significant adverse impact on the environment? Positive Declaration Prepare an EIS. Yes Negative Declaration SEQR is complete. No Conditioned Negative Declaration No, so long as… ---PAGE BREAK--- Determination of Significance The lead agency must demonstrate that it has examined all phases, or elements of a proposed action, even when some of those elements are separated by time or distance, to satisfy the requirement to assess the "whole action“ The lead agency must identify ALL relevant areas of environmental concern, The lead agency must "take a hard look”, at every potential impact; and The lead agency must articulate, in writing, not only its conclusions as to the significance of possible impacts, but also the process by which it arrived at those decisions. ---PAGE BREAK--- Determination of Significance: Negative Declaration For a negative declaration to issued , a lead agency must satisfy the “hard look” test; the lead agency must demonstrate that one of three conclusions applies: no likely impacts were identified; no identified impacts are significant; significant impacts are mitigated. ---PAGE BREAK--- A Negative Declaration Must Include: A statement that it is a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law The name and address of the lead agency The name, address and telephone number of a contact person representing the lead agency who can provide further information The SEQR classification for the action A brief and precise description of the nature, extent and location of the action A brief statement of the reasoning that supports the determination ---PAGE BREAK--- Determination of Significance: Positive Declaration A Positive Declaration means that SEQR must continue, an Environmental Impact Statement (EIS) will be prepared SEQR cannot be concluded until the Lead Agency accepts a Final EIS ---PAGE BREAK--- Content of an EIS The Lead Agency is responsible for determine which issues and concerns are relevant, and what potential impacts should be investigated. EIS Content: Describe the Action Define Location Describe the Setting Evaluate Potentially Significant Adverse Environmental Impacts Identify Potential Mitigation Measures Discuss Reasonable Alternatives ---PAGE BREAK--- The SEQR Process ---PAGE BREAK--- Findings Findings certify that: Selected alternative avoids or minimizes significant adverse environmental impacts to the maximum extent practicable, and; Mitigation measures incorporated in project, or conditions of approval will avoid or minimize all significant adverse environmental impacts Each involved agency makes its own findings ---PAGE BREAK--- Conditions Agencies are empowered to impose substantive conditions (even beyond the agency’s normal scope of authority) so long as the conditions are practicable and reasonably related to impacts identified in the EIS. ---PAGE BREAK--- Agencies may not Act … … Before complying with SEQRA Planning Board Local Legislative Body Zoning Board of Appeals 29 NY Department of Environmental Conservation. (Aug 1, 2014). Welcome to SEQR 101. Retrieved from ---PAGE BREAK--- 2017 Proposed Changes to SEQR Changes to the “Type I” list (examples) Connecting 200 units rather than 250 units to existing community or public water and sewer in a municipality with 150,000 persons or less; Connecting 500 units rather than 1000 units to existing community or public water and sewer in a municipality with a population greater than 150,000, but less than 1,000,000; Connecting 1,000 units rather than 2,500 units to existing community or public water and sewer in a municipality with a population greater than 1,000,000; Parking for 500 vehicles in a municipality with a population of 150,000 or less; Any Unlisted Action (unless the action is designed for the preservation of the facility or site) that exceeds 25 percent of any threshold established in Section 617.4 ---PAGE BREAK--- 2017 Proposed Changes to SEQR Additions to the “Type II” list (examples) Minor subdivisions as defined by a municipality or a subdivision of four or fewer lots, whichever is less, that involves ten acres or less and so long as the subdivision meets other specific criteria; Installation of fiber-optic or other broadband cable technology in existing highway or utility rights of way installation of cellular antennas or repeaters on an existing structure that is not listed on the National or State registers of historic places installation of five megawatts or less of solar energy arrays on an existing structure that is not listed on the National or State Register of Historic Places Construction and operation of an anaerobic digester, at a publically-owned wastewater treatment facility or a municipal solid waste landfill, provided the digester has a feedstock capacity of less than 150 tons per day, and only produces Class A digestate that is beneficially used or biogas to generate electricity or to make vehicle fuel, or both. ---PAGE BREAK--- Stormwater Management Defining Stormwater Potential damages from stormwater Stormwater Regulation ---PAGE BREAK--- What is Stormwater ? Stormwater is water from rain or melting snow that does NOT soak into the ground. It runs off the surface of the land into storm sewers and ditches. “Land” Impervious Surfaces (roads, highways, driveways, rooftops, parking lots) Pervious Surfaces ( Grassed areas, residential developments, etc..) ---PAGE BREAK--- Recharge 50% Runoff 10% Precipitation Precipitation Recharge 20% Runoff 55% Evaporation/ Transpiration 25% Evaporation/ Transpiration 40% Undeveloped Conditions Developed Conditions ---PAGE BREAK--- Why is Stormwater a Problem? Stormwater runoff is a natural part of the hydrologic cycle, however as land use changes runoff can increase by 45%. Stormwater is untreated and drains directly into local waterways. Erosion, sedimentation, and the transport of pollutants can result in increased incidences of flooding, property damage, and the loss of aquatic resources. ---PAGE BREAK--- Pollutants in Stormwater Sediment Nutrients (phosphorous, nitrogen) Pesticides Bacteria Hydrocarbons (petroleum products) Thermal impacts Chlorides (road salt) Trash and debris Trace Metals (cadmium, copper, lead, zinc) ---PAGE BREAK--- Accelerated Erosion Accelerated Erosion = Natural Erosion X Human Activities Removal of Surface Cover Increased Imperviousness (paving, rooftops, compact soils) Poor Stewardship ---PAGE BREAK--- The Problems are local…. Eroded Sediment, nutrients, pesticides, bacteria, organic matter, and toxic sediments can all be transported to Local Waterways and neighboring properties An uncontrolled Construction Site can yield sediment loads of 35-45 tons per acre per year ---PAGE BREAK--- The Problems are Local……. In- Stream Damages Can Include: Lake degradation Owasco Lake and Inlet currently on NYS List of Impaired Waters (303d) for pathogens and nutrients Destruction of spawning areas, food sources, and habitat Toxicity to wildlife Loss of navigational channels Impacts to fisheries Reduction of water storage capability of streams ---PAGE BREAK--- The Problems are local…. Out of Stream Damages Can Include: Property Damage Increased Flood Hazards Decreased capacity of conveyance structures Higher Costs of Maintaining infrastructure ---PAGE BREAK--- Stormwater Management Regulations NY SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002) ---PAGE BREAK--- Activities Regulated under GP-0-15-002 Construction activities involving soil disturbances of one or more acres; including disturbances of less than one acre that are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land; excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility; Construction activities involving soil disturbances of less than one acre where the Department has determined that a SPDES permit is required for stormwater discharges based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters of the State. Construction activities located in the watershed(s) identified in Appendix D that involve soil disturbances between five thousand (5,000) square feet and one acre of land. ---PAGE BREAK--- Construction Activity(ies) any clearing, grading, excavation, filling, demolition or stockpiling activities that result in soil disturbance. Clearing activities can include, but are not limited to, logging equipment operation, the cutting and skidding of trees, stump removal and/or brush root removal. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. ---PAGE BREAK--- Larger Common Plan of Development or Sale a contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term “plan” in “larger common plan of development or sale” is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, marketing plan, advertisement, drawing, permit application, State Environmental Quality Review Act (SEQRA) environmental assessment form or other documents, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot. ---PAGE BREAK--- Stormwater Pollution Prevention Plan Basic Contains only and Erosion and Sediment Control Plan Focuses on preventing erosion and controlling sediment from leaving the site Full Contains both E&S and quality (treatment) and quantity (flood control, channel protection) controls. Treats water for common pollutants and controls the rate at which clean water leaves site ---PAGE BREAK--- Example projects needing Basic (soil disturbances of one or more acres of land) Single family home not located in one of the watersheds listed in Appendix C or not directly discharging to one of the 303(d) segments listed in Appendix E Single family residential subdivisions with 25% or less impervious cover at total site build-out and not located in one of the watersheds listed in Appendix C and not directly discharging to one of the 303(d) segments listed in Appendix E Construction of a barn or other agricultural building, silo, stock yard or pen. ---PAGE BREAK--- Example projects needing Full Single family residential subdivisions that involve soil disturbances of between one and five acres of land with greater than 25% impervious cover at total site build-out • Single family residential subdivisions that involve soil disturbances of five or more acres of land, and single family residential subdivisions that involve soil disturbances of less than five acres that are part of a larger common plan of development or sale that will ultimately disturb five or more acres of land Multi-family residential developments; includes townhomes, condominiums, senior housing complexes, apartment complexes, and mobile home parks Commercial developments Construction of a barn or other agricultural building(e.g. silo) and structural practices as identified in Table II in the “Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State” that include the construction or reconstruction of impervious area, excluding projects that involve soil disturbances of less than five acres ---PAGE BREAK--- Obtaining Coverage Owner must first prepare a in accordance with applicable requirements (General Permit, E&S manual, Stormwater Design Manual). Preparer must sign Preparer Certification. A Notice of Intent (NOI) must be filed with DEC May begin construction activities 5 days from when DEC receives completed electronic NOI, for a designed in accordance with design criteria 60 days from receipt of an NOI that has not been designed in conformance with design criteria 10 business days from the date the DEC receives a paper version of the NOI for a project designed in conformance to design criteria ---PAGE BREAK--- General Requirements Owner/Operator shall ensure that all provisions of the are implemented from the start of construction activity until all areas have achieved final stabilization and a Notice of Termination (NOT) has been filed with DEC. Owner/Operator shall maintain a copy of the General Permit, NOI, NOI Acknowledgement Letter, inspection reports, etc., at the construction site until all disturbed areas have achieved final stabilization and the NOT has been filed. Owner/Operator shall not disturb greater than 5 acres of soil at any one time without prior written authorization. In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within 7 days from the date the current soil disturbance activity ceased. The owner or operator shall prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills. The owner or operator shall install any additional site specific practices needed to protect water quality. ---PAGE BREAK--- Additional requirements must be designed by a Qualified Professional in accordance w/ General Permit, NYS Standards for Erosion and Sediment Control, and NYS Stormwater Design Manual Project owner must sign NOI, and NOT Contractors must sign Certification Statement Trained Contractor must inspect all E&S practices daily Qualified Inspector must inspect all practices once every 7 days and prepare an inspection report. NOI, and inspection reports must be available for review by public, and all records retained for 5 years ---PAGE BREAK--- Enforcement “Failure of the owner or operator, its contractors, subcontractors, agents and/or assigns to strictly adhere to any of the permit requirements contained herein shall constitute a violation of this permit. There are substantial criminal, civil, and administrative penalties associated with violating the provisions of this permit. Fines of up to $37,500 per day for each violation and imprisonment for up to fifteen (15) years may be assessed depending upon the nature and degree of the offense.” NYS DEC SPDES General Permit for Stormwater Discharges, GP-0-15-002 ---PAGE BREAK--- Online Resources SEQR SEQR Forms http://www.dec.ny.gov/permits/6191.html EAF Mapper http://www.dec.ny.gov/eafmapper/ Stormwater SPDES http://www.dec.ny.gov/chemical/43133.html SPDES permit http://www.dec.ny.gov/docs/water_pdf/gp015002.pdf ---PAGE BREAK--- Natural Resource Protection Wetlands and Floodplain Regulations Cayuga County Department of Planning and Economic Development 24 August 2017 ---PAGE BREAK--- Wetlands Protection Wetlands (swamps, marshes, bogs, flats) are areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil conditions. Wetlands are natural habitats for many species of plants and animals. Wetlands are often transitional zones between upland, dry areas and aquatic ecosystems. What are Wetlands? * Source: FingerLakes1.com Montezuma Wildlife Refuge ---PAGE BREAK--- Wetlands Protection Wetlands act as buffers, absorbing the forces of flood waters to prevent erosion and flooding. Wetlands act as natural filters, catching sediment and pollutants and keeping them out of drinking water supplies. Wetlands can be either tidal or freshwater. What are Wetlands? * Source: Josh Wilcox, CCPED Owasco Flats ---PAGE BREAK--- Wetlands Protection New York State Law Federal Law Locally-Enacted Protections Protection Mechanisms ---PAGE BREAK--- NYS Freshwater Wetlands Act Article 24 of the Environmental Conservation Law (ECL), 1975 Purpose: Preserve and protect the benefits that wetlands provide. DEC administers the law; permit required for activities impacting wetlands. Inventory: map of entire state (except ADK) dec.ny.gov/gis/erm § 24-0103. Declaration of policy. It is declared to be the public policy of the state to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands, and to regulate use and development of such wetlands to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the state. Basics ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- NYS Freshwater Wetlands Act DEC Regions ---PAGE BREAK--- NYS Freshwater Wetlands Act 12.4 acre minimum. Smaller wetlands of unusual local importance. Adjacent areas (100ft buffer). What wetlands are covered? Regulation ---PAGE BREAK--- NYS Freshwater Wetlands Act What activities are regulated? Construction. Placement of fill, excavation, or grading. Drainage (except for agriculture). Application of pesticides. Regulation ---PAGE BREAK--- NYS Freshwater Wetlands Act Agricultural practices (not including filling, clear cutting of trees, or construction of non-ag structures). Harvesting of natural products (fishing, hunting, trapping, firewood collection). Recreation (hiking, swimming, picnicking). Routine maintenance of existing functional structures (repair of docks). Selective cutting of trees. What activities are exempt? Regulation ---PAGE BREAK--- NYS Freshwater Wetlands Act Standards for permit approval are demanding. Regulations in place do not encourage development. Applicants are generally required to: Examine alternative sites and project designs that avoid/reduce impacts to wetlands. Develop plans to create or improve wetlands or wetland functions to compensate for wetland loss. Demonstrate overriding economic and social needs for the project. Regulation ---PAGE BREAK--- NYS Freshwater Wetlands Act Most critical, highest benefits. Permits only issued if compelling economic/social need substantially outweighs detriment to wetland. • Resident habitat of an endangered or threatened animal species. • Contains an endangered or threatened plant species. • Part of watershed that provides public water supply. Classification I II III IV ---PAGE BREAK--- NYS Freshwater Wetlands Act Classification Important wetland benefits. Need must “clearly” outweigh detriment to wetland. • Migration habitat of endangered or threatened animal species. • Resident habitat of vulnerable animal species. • Hydraulically connected to an aquifer that is a potential water supply. I II III IV ---PAGE BREAK--- NYS Freshwater Wetlands Act Classification Benefits present. Caution and discernment necessary. • Adjacent to fertile upland. • Part of a surface water system with permanent open water. • Publicly owned land, open to the public. I II III IV ---PAGE BREAK--- NYS Freshwater Wetlands Act Classification “Some” benefits. Wanton and uncontrolled degradation still unacceptable. I II III IV ---PAGE BREAK--- NYS Freshwater Wetlands Act 2 Standards for permit issuance: 1. Compatibility. 2. Weighing. Regulation ---PAGE BREAK--- NYS Freshwater Wetlands Act Compatible with preservation, protection, and conservation of the wetland and all its benefits. Would result in no more than insubstantial degradation to, or loss of, any part of the wetland. Compatible with public health and welfare. C = usually compatible, N = usually incompatible, X = incompatible. Compatibility ---PAGE BREAK--- NYS Freshwater Wetlands Act ITEMS ACTIVITY 17 Draining and altering water level, except as part of an agricultural activity. X 18 Removing or breaching beaver dams. C 19 Constructing, expanding, or substantially modifying drainage ditches, except as part of an agricultural activity. N 20 Filling, including filling for agricultural purposes. N 21 Installing or creating a dry well, retention basin, filter, open swale, or pond. N 22 Clear-cutting trees. C 23 Clear-cutting vegetation other than trees except as part of an agricultural activity. N ---PAGE BREAK--- NYS Freshwater Wetlands Act If a project is listed as X or doesn’t satisfy all 3 components of Compatibility. Alternatives: demonstrate that there is no feasible alternative. Avoid or Reduce Impacts: if there is no alternative, minimize the impacts. Mitigation: if you can’t minimize the impacts, consider compensation or restoration. Economic and Social Need: what is the burden on the public from the loss of wetland benefits? Weighing ---PAGE BREAK--- NYS Freshwater Wetlands Act New wetland must be in the immediate vicinity of the project site. New wetland must be regulated by ECL Section 24. New wetland must provide substantially the same or more benefits than will be lost. Mitigation ---PAGE BREAK--- NYS Freshwater Wetlands Act For all wetland classes, project must be compatible with public health and welfare, be the only practicable alternative, and have no practicable alternative on a different site. Classes I, II, & III: minimize degradation to, or loss of, wetland or adjacent area and minimize adverse impacts on benefits wetland provides. Class IV: reasonable effort of above. Weighing ---PAGE BREAK--- NYS Freshwater Wetlands Act DEC review is based on project size: Minor Projects have shorter review time frames and require less public review. Major Projects are required to be published in both the Environmental Notice Bulletin (ENB) and a local newspaper. Anything not listed as a Minor Project is considered a Major Project. Review ---PAGE BREAK--- Federal Regulation of Wetlands Rivers and Harbors Act (1899) Clean Water Act (1948, 1972, 1977), Section 404. Permit required for activities that can cause the discharge of dredged or fill material into Waters Of The U.S. EPA develops and interprets policy. USACoE administers day-to-day program, including permit decisions. Basics § 101.(a). Objective. The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. ---PAGE BREAK--- Federal Regulation of Wetlands Navigable Waters. Interstate Waters. Territorial Seas. Impoundments. Directly-Connected Wetlands. Any Waters that have a Significant Nexus with a jurisdictional water. Definition in fluctuation. Waters of the U.S. ---PAGE BREAK--- Federal Regulation of Wetlands 2001:Solid Waste Agency of Northern Cook County (SWANCC) v. USACE 2006:Rapanos v. United States WOTUS in a Whirl ---PAGE BREAK--- Federal Regulation of Wetlands 2015 Clean Water Rule OLD INTERPRETATION 2015 INTERPRETATION Tributary (not defined) Water features with beds, banks, ordinary high water mark, and flow Adjacent Wetlands Immediately adjacent to WOTUS. Immediately adjacent or within 100 feet. Isolated Waters All waters that could affect interstate commerce. All waters that have a significant nexus within 4,000 feet of WOTUS. ---PAGE BREAK--- Federal Regulation of Wetlands 2017 Executive Order OLD INTERPRETATION 2015 INTERPRETATION Tributary (not defined) Water features with beds, banks, ordinary high water mark, and flow Adjacent Wetlands Immediately adjacent to WOTUS. Immediately adjacent or within 100 feet. Isolated Waters All waters that could affect interstate commerce. All waters that have a significant nexus within 4,000 feet of WOTUS. ---PAGE BREAK--- Federal Regulation of Wetlands Burden of Proof: No practicable, less-damaging alternative exists. Nation’s waters will not be significantly degraded. Potential Impacts: Avoid. Minimize. Provide compensation. Standards ---PAGE BREAK--- Federal Regulation of Wetlands Individual Permit • Evaluation of specific project. • Consider alternatives, even other sites. • Avoid impacts onsite. Nationwide Permit • Minimal impact • Do not have to consider offsite alternatives. • 5 year limit. Which Permit Do I Need? Examples • Maintenance and dredging of existing channels. • Boat ramps. • Shoreline stabilization. • Residential houses. ---PAGE BREAK--- Federal Regulation of Wetlands Failure to comply with terms and conditions of a Section 404 permit. Discharging dredged or fill material without a permit. $16,000 per day of violation, max of $187,500. 3 Goals of Enforcement: 1. Protect the environment and human health and safety. 2. Deter violations. 3. Treat the regulated community fairly and equitably. Enforcement and Penalties ---PAGE BREAK--- Federal Regulation of Wetlands United States v. Lucas (2005). Big Hill Acres subdivision, Vancleave, MS impacted 260 acres of wetland. No permit. Millions in fines, more than 7 years in prison. Enforcement Case Law ---PAGE BREAK--- Local Protection of Wetlands Discourage development in wetland areas through the zoning code. Require protection of wetlands in the subdivision process through the dedication of open space areas. Identify appropriate wetland uses in the comprehensive plan. What can YOU do? ---PAGE BREAK--- Floodplain Management Purpose & History. National Level Floodplain Management: National Flood Insurance Program. Local Level Floodplain Management. Overview ---PAGE BREAK--- Floodplain Management Floodplains are low-lying areas adjacent to a stream or river that experience flooding during periods of high discharge. Flood plains are everywhere! All bodies of water have floodplains. Floodplains can be the result of riverine, coastal, or shallow flooding. Floodplains provide storage of flood waters, aiding in water quality and recharge of groundwater. What are Floodplains? * Source: Ithaca Journal Fall Creek, Dryden ---PAGE BREAK--- Floodplain Management Floodplains are dynamic, unstable places. Floodplains are where a stream or river deposits sediment, silt, and other fertile materials, making them ideal for agriculture. Historically, floodplains have been developed, leading to inhabited areas that are prone to flooding and damage. What are Floodplains? * Source: FingerLakes1.com Seneca River, Montezuma ---PAGE BREAK--- Floodplain Management Prevent and reduce flooding Minimize water pollution. Keep insurance/recovery costs low. Wildlife habitat. Scenic/Recreational value. Why should we protect floodplains? ---PAGE BREAK--- Floodplain Management Great Flood of 1913 Flood Control Acts of 1917, 1928, 1936 1960s: A New Approach National Flood Insurance Program (NFIP), 1968. Origins ---PAGE BREAK--- Floodplain Management Established an insurance program as an alternative to disaster relief. National standard for regulating new development in floodplains. Comprehensive floodplain mapping program. Unified National Program for Floodplain Management. Floodplain Management: “a decision-making process that aims to achieve the wise use of the nation’s floodplains.” National Flood Insurance Program ---PAGE BREAK--- Floodplain Management Historically, flood insurance was not a feasible venture. Transfer of burden from the taxpayers to property owners in floodplains. Communities must join to be eligible for federal assistance. Administered by FEMA. Self-supporting since 1986. 3 components: 1. Mapping 2. Insurance 3. Regulations National Flood Insurance Program ---PAGE BREAK--- Floodplain Management FEMA mapped floodplains of all participating communities. Maps determine who needs flood insurance. Flood Hazard Boundary Map (FHBM): 1st iteration, based on topography. Flood Insurance Rate Map (FIRM): 2nd iteration, added flood event data. NFIP: Mapping ---PAGE BREAK--- Floodplain Management 100 Year Flood: Area that has a 1% probability of flooding in any given year (a.k.a. base flood). Special Flood Hazard Area (SFHA): the floodplain/land area that is covered by a base flood. Base Flood Elevation: the elevation to which a 100 yr flood will rise. 500 Year Flood: Area that has a 0.2% probability of flooding in any given year. NFIP: Mapping ---PAGE BREAK--- Floodplain Management Zone A: Area not in the SFHA. Zone AE: Area in the SFHA. Zone B or X: Area in the 500 Year Flood zone. NFIP: Reading the Maps ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Floodplain Management Coverage is for damage by a flood. Coverage is for all floods, even those that do not warrant federal disaster aid. NFIP: Insurance ---PAGE BREAK--- Floodplain Management NFIP: Insurance Date Event Payments Aug. 2005 Hurricane Katrina $16,319,771,811 Oct. 2012 Superstorm Sandy $8,596,226,779 Sept. 2008 Hurricane Ike $2,699,241,970 Aug. 2016 Louisiana Storms $2,407,210,081 Sept. 2004 Hurricane Ivan $1,612,234,531 ---PAGE BREAK--- Floodplain Management Structure elevations above base flood. Anchoring. Floodproofing of utilities. Avoidance areas. Communities that do not uphold their regulations face probation and suspension = higher insurance rates! NFIP: Regulations ---PAGE BREAK--- Floodplain Management Floodplain Management: “a decision-making process that aims to achieve the wise use of the nation’s floodplains.” Strategies: 1. Modify human susceptibility to flood damage. 2. Modify the impact of flooding. 3. Modify flooding itself. 4. Preserve and restore natural resources. United National Program ---PAGE BREAK--- Floodplain Management Port Byron, 2005 Susquehanna, 2011 Moravia, 2017 Local Perspective ---PAGE BREAK--- Floodplain Management ---PAGE BREAK--- Floodplain Management Adopt a Floodplain Management or Flood Damage Prevention ordinance. Discourage development in flood prone areas through the zoning code. Identify appropriate floodplain land uses in the comprehensive plan. What can YOU do? ---PAGE BREAK--- Thank you! Feel free to contact us with questions or if your community is interested in pursuing wetlands / floodplain protection measures. David Nelson, AICP John Zepko, CPESC [EMAIL REDACTED] [EMAIL REDACTED] (315) 253-1484 (315) 253-1633 Questions?