Paying for Improvement: Stormwater Utilities & Drainage Districts Eric W. Fowle, AICP

Transcription

1 Paying for Improvement: Stormwater Utilities & Drainage Districts Eric W. Fowle, AICP Executive Director

2 STORMWATER UTILITIES

3 What is a storm water utility? Under state law, a municipality has the authority to decide whether or not it will establish a storm water utility. A storm water utility is established to collect a user fee to manage storm water runoff similar to that charged by a municipality for providing drinking water or treating wastewater. Under state law the collected revenue must be used for storm water management which includes both flood control and water quality related needs. The DNR does not direct how a municipality pays for its storm water management program and infrastructure, nor does it regulate or oversee storm water utilities. Source: APWA

4 What is a storm water utility? Charge fees based on ERUs (Equivalent Residential Unit) Percentage of impervious surface Fees collected and used to pay for: Administration of Program Stormwater Planning Stormwater Infrastructure Infrastructure Maintenance

5 Source: MSA, 2009

6 City of Appleton 70,000+ RESIDENTS 22 SQUARE MILES 16 MEMBER COUNCIL MAYOR UTILITIES COMMITTEE

7 History of Stormwater Management in Appleton Pre-1993: Move Water Away Quickly 1994: First Study for Growth Areas 1995: Updated Floodplain Ordinance 1995: Created Stormwater Utility 1998: Second Study for Growth Areas 2001: Third Study for Growth Areas Implementation & Coordination

8 Stormwater Management Philosophy Regional Approach Prepare For Growth Focus On Flooding Reduce Floodplain

9

10 How are businesses affected? Think about stormwater first, not last Good housekeeping Practices Nutrient Management Plans Maintenance Agreements Public/Private Relationships Illicit Discharges Storm sewer systems Industrial Permits

11 Coordination & Cooperation Share Policies and Ordinances Share Consultants Share Equipment Education and Information Wastewater Treatment Plant Municipal Staff

12 Promote Simple Solutions Slow it Down Store it Infiltrate it Disconnect it Keep it clean Be accountable 1. Utilize buffers 2. Rain barrels/ponds 3. Rain Gardens 4. Route roof gutters to your lawn 5. Clean up petroleum spills, pet wastes, etc. 6. Consider impacts to neighbors

13 DRAINAGE DISTRICTS

14 Approximately one-third of Wisconsin farms depend upon constructed drains to remove excess water from their land. Most drains operated by a single landowner or by voluntary cooperation among neighbors. Approximately 10% of the drains are organized under Chapter 88, Wisconsin Statutes, as drainage districts that are governed by county drainage boards.

15 When landowners take it upon themselves to drain their fields, divert stormwater, or pump out their basements, frequently it is at the expense of the next landowner downstream. As you can imagine, this causes problems. Oftentimes the solution to the removal of surface water and groundwater is best approached regionally, or with many neighbors working together for a common goal. County drainage boards and county drainage districts can greatly simplify the implementation and maintenance of a common drainage system. And, while these drainage boards have a difficult job, they actually reduce the amount of community conflict inherent in flooding or persistent high water by providing an organized and localized process for resolving drainage problems.

16 The Department of Agriculture, Trade, and Consumer Protection has regulated the Drainage District program since There are 176 active drainage districts in the state, located in 31 counties, mainly in the eastern and southeastern portions of the state.

17

18 Per s Wis. Stats., a separate annual report on each drainage district must be filed with the county zoning administrator and the department by December 1 of each year for the preceding year ending August 31. The annual report must be verified under oath by at least one county drainage board member and must include the following information: A financial statement for the drainage district. A statement of all bonds paid or issued during the preceding year. A statement of all work done during the preceding year, specifying where the work was done and its cost. A copy of the annual district inspection report (s. ATCP 48.14(3), Wis. Admin. Code). A copy of each storm inspection report (s. ATCP 48.16(2), Wis. Admin. Code).

19

20

21 Primary responsibility for planning for and administering drainage districts resides with the county drainage board. Drainage boards are responsible for planning to meet specific rule requirements established by DATCP DATCP has standards for compliance and also reviews and approves construction and restoration plans, provides on-site inspections The county drainage board holds public meetings to discuss drainage issues within the drainage districts and to decide on a course of action. The board also resolves drainage disputes among landowners.

22 Drainage districts are required to include a 20-foot corridor on each side of the ditch which is to be used as a maintenance corridor. No row cropping is permitted and vegetation is required. This requirement can be coordinated with soil and water conservation plans required under the Farmland Preservation Program. In addition, the county drainage boards are authorized to assess a single landowner for the costs of correction when he or she is the source of adverse impacts on downstream water quality. Landowners must receive drainage board approval before taking any action which could potentially affect a drainage system.

23 The county drainage board has the power to: annex or withdraw lands from a drainage district; purchase or lease equipment; levy assessments; obtain injunctions; hire attorneys, engineers, or other assistants; Construct and maintain district drains; contract with governmental agencies; borrow money; and perform inspections.

24 Thank You!