New law gives stormwater flexibility

Developers, contractors and landowners will have more flexibility in the way they control stormwater runoff, water and sediment that can lead to flooding and pollution concerns. Legislation signed by Gov. Jack Markell Friday gives them more options for meeting standards in the state sediment and stormwater management program.

The law is an interim step as the state and a stormwater advisory committee work to development new regulations and guidelines on the best ways to control runoff from developed lands.

Regulations adopted in 2014 were invalidated by a state Supreme Court decision earlier this year. The ruling was over the Delaware Department of Natural Resources and Environmental Control not properly providing public notice of rules.

The state later adopted emergency rules that addressed concerns like delays in project approvals and costly options for some landowners, especially those with small parcels.

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The new legislation clarifies that the emergency sediment and stormwater regulations that are used currently will remain in place until comprehensive regulations are adopted.

It also allows the state to develop standard plans that can be used for farm structures such as poultry house construction where the work disturbs fewer than 10 acres and includes an exemption for projects on less than an acre if they comply with federal requirements. It also gives people with approved plans five years to complete projects, rather than three.

“We knew we had major problems. Projects were being delayed and the costs associated with engineering for the projects were out of control," said state Sen. Gerald Hocker, R-Ocean View. "I met with representatives from DNREC along with homebuilders, engineers and members of the farming community. We were able to come up with a compromise we feel everyone can work with, without compromising the environment.”

Small said the committee and state environmental officials are still working on a new version of regulations, but in the meantime, the law should help resolve many of the key issues with stormwater management.

"It will give us a chance to try some alternatives," Small said.

Reach Molly Murray at (302) 463-3334 or mmurray@delawareonline.com. Follow her on Twitter @MollyMurraytnj.