Drainage and Flooding Facts Drainage and Flooding Facts FLOODPLAIN AND DRAINAGE FLOODPLAIN AND DRAINAGE • • Delaware is the lowest state in the USA with a Delaware is the lowest state in the USA with a ADVISORY COMMITTEE ADVISORY COMMITTEE mean elevation of just 60 feet above sea level mean elevation of just 60 feet above sea level • • Over 331 square miles or 17% of Delaware’ ’s s Over 331 square miles or 17% of Delaware land mass is within a mapped 100 year land mass is within a mapped 100 year September 20, 2011 Meeting September 20, 2011 Meeting floodplain floodplain • • Approximately 621 road miles and over 18,000 Approximately 621 road miles and over 18,000 structures are in the 100- -year floodplain year floodplain structures are in the 100 • • State expenditures each year to resolve drainage problems State expenditures each year to resolve drainage problems have cost taxpayers an estimated $65M since 1996 have cost taxpayers an estimated $65M since 1996 http://www.dnrec.delaware.gov/swc/Pages/default.aspx This Morning’ This Morning ’s Meeting s Meeting Drainage and Flooding Consequences Drainage and Flooding Consequences • • Inadequate drainage standards and inconsistent local Inadequate drainage standards and inconsistent local • Introductions • Introductions codes contribute to chronic and nuisance flooding codes contribute to chronic and nuisance flooding • Overview of Senate Bill 64 • Overview of Senate Bill 64 throughout the state throughout the state • Recurring Issues • Recurring Issues • • Delaware landowners are impacted in the use and Delaware landowners are impacted in the use and enjoyment of their personal property • Summary and Shortfalls of Current Standards enjoyment of their personal property • Summary and Shortfalls of Current Standards • • Inaction is no longer a viable alternative Inaction is no longer a viable alternative • Definitions • Definitions • DNREC • DNREC’ ’s s Roles in Floodplains and Drainage Roles in Floodplains and Drainage • Others • Others’ ’ Roles in Floodplains and Drainage Roles in Floodplains and Drainage • Issues Summary (Top Ten) • Issues Summary (Top Ten) • Path Forward • Path Forward Prior Efforts Prior Efforts • • Governor Minner Minner’ ’s s Task Force on Task Force on Governor Surface Water Management (2005) Surface Water Management (2005) � � Led to overhaul of Clean Water Advisory Led to overhaul of Clean Water Advisory Council and larger role in drainage Council and larger role in drainage OVERVIEW OF SENATE BILL 64 issues issues OVERVIEW OF SENATE BILL 64 • • Delaware Public Policy Institute Dialogue on Financing Delaware Public Policy Institute Dialogue on Financing Wastewater and Wastewater and Stormwater Stormwater Infrastructure (2006) Infrastructure (2006) � � Further assessment of wastewater and stormwater Further assessment of wastewater and stormwater infrastructure infrastructure funding needs funding needs • • Sussex County and Kent County Level of Service Sussex County and Kent County Level of Service Analysis of Surface Water Management Needs (2008 Analysis of Surface Water Management Needs (2008 and 2010 respectively) and 2010 respectively) � � Identified specific needs in 12 program areas Identified specific needs in 12 program areas 1
Elements of SB 64 Elements of SB 64 • • Authorizes Secretary to develop guidance and minimum Authorizes Secretary to develop guidance and minimum standards for improved floodplain management and drainage standards for improved floodplain management and drainage after consultation with Floodplain and Drainage Advisory after consultation with Floodplain and Drainage Advisory Committee. (9 months) Committee. (9 months) • • Requires three county and all municipal governments to review Requires three county and all municipal governments to review their individual codes and ordinances (with DNREC assistance) to their individual codes and ordinances (with DNREC assistance) to determine consistency and identify hardships and impediments determine consistency and identify hardships and impediments to implementation (next 6 months) to implementation (next 6 months) • • Mandates DNREC review of comments and preparation of draft Mandates DNREC review of comments and preparation of draft and final reports to General Assembly (by March 15, 2013) and final reports to General Assembly (by March 15, 2013) • • Includes provisions for permit waivers under certain conditions Includes provisions for permit waivers under certain conditions such as life threatening emergencies, regulatory overlaps, etc. such as life threatening emergencies, regulatory overlaps, etc. (not a Committee charge) (not a Committee charge) Elements of SB 64 Elements of SB 64 • • Drainage standards shall include general requirements and Drainage standards shall include general requirements and criteria for consideration by local governments criteria for consideration by local governments • • Committee will: Committee will: � Consider nationally recognized standards and best � Consider nationally recognized standards and best practices practices � Evaluate capacities of local governments to implement � Evaluate capacities of local governments to implement standards standards � Examine adequacy of existing practices associated with � Examine adequacy of existing practices associated with property purchasers property purchasers • • Opportunity for public comment prior to finalizing standards Opportunity for public comment prior to finalizing standards RECURRING ISSUES - - DRAINAGE DRAINAGE RECURRING ISSUES 2
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Need for Easements for Drainage Need for Easements for Drainage Top Drainage Issues Top Drainage Issues Infrastructure Infrastructure • • Disruption of Existing Disruption of Existing Drainage Patterns Drainage Patterns Orange lines are the Orange lines are the • • Inadequate Lot Grading Inadequate Lot Grading location of a 20+ year location of a 20+ year old CMP. There is old CMP. There is • Need for Proper • Need for Proper approximately 15’ approximately 15 ’ Easements for Drainage Easements for Drainage between houses between houses Infrastructure Infrastructure making replacement making replacement dangerous. dangerous. • • Subdivision Infill by Subdivision Infill by Multiple Builders Multiple Builders • Lack of Real Estate • Lack of Real Estate Disclosures Disclosures Subdivision Infill By Multiple Building Subdivision Infill By Multiple Building Disruption of Drainage Patterns Disruption of Drainage Patterns Contractors Contractors The Economic Downturn over the last The Economic Downturn over the last several years has caused many of the several years has caused many of the national homebuilders to reduce their national homebuilders to reduce their operations in Delaware. Since there operations in Delaware. Since there are thousands of un are thousands of un- -built lots in built lots in approved subdivisions, we expect approved subdivisions, we expect much of that construction to be local much of that construction to be local builders on a site by site basis. There builders on a site by site basis. There is currently no oversight regarding is currently no oversight regarding drainage or drainage or stormwater stormwater when those when those homes are built. homes are built. Drainage Program provided Technical Assistance to landowner who Drainage Program provided Technical Assistance to landowner who worked with downstream neighbor to construct a ditch at their own worked with downstream neighbor to construct a ditch at their ow n expense. New property owner downstream is planning on filling i expense. New property owner downstream is planning on filling in n the ditch. Only recourse for landowner is to wait for damages then the ditch. Only recourse for landowner is to wait for damages t hen file Civil Lawsuit. file Civil Lawsuit. Individual Lot Grading Individual Lot Grading Lack of Real Estate Disclosures Lack of Real Estate Disclosures Make it clear when a property is sold whether or not is part Make it clear when a property is sold whether or not is part of a community with an approved stormwater of a community with an approved stormwater system. system. Raised lots create Raised lots create Stormwater Pond Maintenance can be costly and often requires hiring Stormwater Pond Maintenance can be costly and often requires hiring problem for home problem for home professionals. Prospective buyers should be aware that they are jointly professionals. Prospective buyers should be aware that they are jointly at original grade at original grade responsible for this work when it is needed. Many stormwater responsible for this work when it is needed. Many stormwater ponds are ponds are now 20 years old at the point where major maintenance will be required. now 20 years old at the point where major maintenance will be re quired. 4
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