North Carolina's New Stormwater Rules Could Be Overturned

Twelve eastern North Carolina counties hired lobbyist Joe McClees to get the bills introduced in an attempt to keep the expensive new stormwater system from ever being built, according to the local paper, the "Washington Daily News."

If state legislators fail to act within the first 30 days of the short session of the legislature that began May 13, the new stormwater rules will go into effect, but the 12 eastern counties say they cannot afford to meet the requirements.

The rules are based on a 2005 study by the North Carolina Division of Water Quality that found the stormwater mitigation techniques being used were not effective in preventing the closure of shellfish waters caused by pollution from runoff.

McClees and representatives of the 12 inland-coastal counties believe the findings of that study are not accurate and particularly that the cost of the new rules to developers and property owners in their area has not been addressed.

McClees says, "To implement some of the things these rules call for would cost between $7,000 and $10,000 per lot, and that's without any engineering costs."

The proposed rule changes tighten triggers that require stormwater permits and mitigation measures for both new and older developments.

Managers of the 12 coastal counties contend the new rules would have adverse economic impacts by hindering development on an already-struggling region.

The bill, filed as H2138, is titled "An act to disapprove a rule to manage stormwater in coastal counties."

The bill reads, "Stormwater Requirements: Coastal Counties as adopted by the Environmental Management Commission on January 10, 2008, and approved by the Rules Review Commission on March 20, 2008, is disapproved."

If enacted, the measure will effectively halt the implementation of the new rules. When asked which legislators he was targeting with his message that the rules are flawed, McClees said, "all of them."

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