USEPA photo by Eric Vance

LDC Inc. went to Washington, D.C. October 24 to advocate for sensible stormwater management regulations that lead to clean water for communities instead of mountains of paperwork.

Representing builders and developers who do business in Environmental Protection Agency Region 10, Clay White, principal planner, joined nine other NAHB members from across the country to meet EPA Administrator Scott Pruitt and his top local enforcement officials.

NAHB members suggested several ways EPA could improve the process, including:

• A simplified permit process for small lots. EPA's compliance template for single-family homes in large subdivisions that could also serve as a streamlined permit: it's concise and written in "builder language" because NAHB helped develop it.
• A "find it, fix it" approach. Rather than penalize first-time violators, EPA inspectors should provide compliance assistance during site visits and allow builders to correct minor infractions so they can do it right the next time.
• Better coordination among regulators. Multiple visits from local, state and federal inspectors to the same site can result in very different observations and citations. The EPA needs to allow the states, and not themselves, to play the lead role in stormwater enforcement.
• Continued participation in EPA's "Smart Sectors" Program. Homebuilders were invited to participate this business community partnership to develop sensible regulations while protecting the environment and public health.

White was pleased at EPA's response. "It was tremendous to meet with Administrator Pruitt and the EPA team on issues that are impacting our building community. I believe that this meeting will result in positive outcomes for the builders in our region."

For stormwater management resources, visit the NAHB Stormwater Toolkit.

Last Friday, Shannon spoke with Alison Morton, director of development at Kindering, about the great work their organization does and how the MBA's Painting a Better Tomorrow program helps their mission.

More about our community stewardship programs

By Mike Pattison, Snohomish County Manager

In December 2016, the Washington state Supreme Court struck a blow to vesting rights when it ruled that newly adopted stormwater regulations do not vest. The Court let stand a window for certain projects to remain vested. The new stormwater regulations will apply to all applications submitted after July 1, 2015 and projects approved prior to July 1, 2015 which have not started construction by June 30, 2020.

The case, Snohomish County, et al. v. Pollution Control Hearings Board, will severely impact applications that have been submitted to a jurisdiction but are not yet approved. The opinion eliminates vesting for environmental regulations mandated by the state, including stormwater.

An editorial by MBA President Mike Walsh was recently published in The Herald discussing the case and explaining why vesting is so important to the homebuilding industry.

While there is no ability for local government to overcome the decision with local legislation, King and Snohomish counties are currently petitioning the Court to reconsider and clarify some of the opinion.

Further, there is a proposal before the Washington State Legislature, Senate Bill 5212, that would restore vesting rights.

For more information, contact Snohomish County Manager Mike Pattison, 425.460.8203.