Status of low impact development in Florida and legal considerations for operation and maintenance of LID systems.

• Author: Kibert, Nicole C.
• Position: Environmental and Land Use Law

Traditional stormwater control depends on heavily engineered systems consisting of collections of runoff water from impervious surfaces through pipes and related infrastructure into storage basins or water bodies, without much attention to water quality. (1) There is a movement to design for enhanced community stormwater management and water quality by allowing stormwater to percolate in place using biophysical characteristics of a property. (2) These developments are often referred to as low impact development (LID). (3) The appropriate LID technique for a specific community will depend upon the site specific characteristics of the community and any special ecological needs. (4) Since most local governments or applicable regulatory agencies adopted their stormwater guidelines long ago and have not undertaken action to update their requirements, LID is often not permitted without a variance from traditional stormwater requirements. (5) Since LID is a relatively new concept, it will be necessary to provide detailed guidelines to the entity responsible for operation and maintenance (O&M), as well as to any stakeholders of the LID system. (6)

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What is Low Impact Development?

LID techniques are designed to maintain or replicate the predevelopment hydrologic regime by creating a functionally equivalent hydrologic landscape. (7) By means of infiltration, evapotranspiration, and reuse of rainwater, LID techniques manage water and water pollutants at the source and thereby prevent or reduce the impact of development on rivers, streams, lakes, coastal waters, and ground water. (8) LID encompasses a variety of stormwater management techniques, including bioswales, rain gardens, green streets, and pervious pavers. (9) These techniques reduce the amount of effective impervious area in a watershed, lessening the watershed volumes and runoff rates. (10) Although developed as a tool to manage storm runoff, LID also advances other sustainability goals by encouraging the preservation of natural habitats and discouraging pavements and other impermeable surfaces that contribute to the heat island effect. (11)

LID techniques emphasize on-site treatment and infiltration of stormwater, in contrast to conventional stormwater controls, which collect stormwater from impervious surfaces and transport the flow off site through buried pipes to treatment facilities or directly to receiving bodies of water. (12) A common LID technique is to combine swales with green roofs, pervious roads, sidewalks, and other similar green development features and characteristics. (13) Integrating small practices throughout a site instead of using extended detention ponds to control runoff from a subdivision distinguishes the LID approach from the conventional approach. (14) The use of LID practices offers both economical and environmental benefits resulting from reduced disturbance of the development area and conservation of natural features. It can also be less cost intensive than traditional stormwater control mechanisms. (15) LID techniques can be used in retrofitting existing urban areas with pollution controls, as well as in new developments. (16) Cost savings for control mechanisms are not only for construction, but are also for long-term maintenance and life cycle cost considerations. (17)

How is DEP engaged in LID?

To address growing concerns about over-enrichment of Florida's surface waters, ground waters, and springs by nutrients, the Florida Department of Environmental Protection (DEP), along with input from Florida's water management districts (WMDs), is in rulemaking for a statewide stormwater treatment rule that represents a significant step forward in the control of nutrient loadings from stormwater discharges. (18)

A technical advisory committee (TAC) was established to assist the DEP and WMD staffs in developing the first versions of the draft rule and applicant's handbook. (19) The TAC met 10 times between March 2008 and September 2009, developed the first revised applicant's handbook between December 2008 and June 2009, and developed the second revised applicant's handbook and a draft rule between October 2009 and March 2010. (20) DEP published the revised applicant's handbook and draft rule in their current forms in March 2010. (21)

DEP scheduled a series of public rule workshops...