5.1 Regulatory Program

As discussed in Section 3.6 above, future development is expected to contribute additional stormwater volume and phosphorus loads to Dutch Lake, further degrading water quality.  The current regulatory program will not be sufficient to control these impacts.  To mitigate these future impacts and to address other goals such as increased infiltration, wetland management, and improved ecological integrity, additional regulation may be necessary.  A decision on rulemaking needs/standards can only be made after the formal rulemaking process.  In addition, further amendments to the rules should not be precluded by the content of the plan.

Additional regulatory controls on permitted development and redevelopment will be considered for this subwatershed to increase phosphorus load reduction requirements, add volume management and infiltration requirements, implement wetland management in accordance with management classification, and increase scrutiny of development that may impact groundwater or key conservation resources.  Regulations providing an incentive such as a volume reduction credit to developers to maintain undisturbed areas, reforest, or plant native vegetation may be considered.

The following are revised or additional regulatory controls in this subwatershed that would be necessary to assist the District in meeting the goals of this Plan:

  1. Amend existing or establish new District rules requiring abstraction of the first one inch of rainfall on new permitted development and redevelopment.
  2. Provide regulatory constraints and incentives for the conservation of undisturbed native vegetation as sites develop.
  3. Require MCWD review of preliminary plats and vegetation surveys so the District may comment on proposals and how they relate to District ecological integrity goals.
  4. Require submittal of a Natural Resources Inventory and Conservation Plan as a condition of permit approval.
  5. Amend existing or establish new District rules requiring greater than 50 percent phosphorus removal on new permitted developments within the Dutch Lake subwatershed
  6. Amend District rules to incorporate a requirement for stormwater management plan approval prior to submittal of a preliminary plat.
  7. Amend existing or establish new District rules requiring submittal of a functions and values assessment for all proposed wetland impacts requiring a permit; mitigation of all fill in Preserve category wetlands; and specifying by management classification stormwater discharge pretreatment, buffer, hydroperiod, and other wetland standards.
  8. Establish new District rule requiring an additional level of analysis and review of permitted development and redevelopment where there is a potential to adversely impact groundwater connected to a surface water feature.
  9. Require pretreatment of stormwater discharged to wetlands or infiltration areas in the in the areas of high aquifer sensitivity.
  10. Require developers to identify existing drain tile lines on property proposed for development.