Proposed Amendments to the Coastal Marshlands Protection Rules

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Proposed Amendments to the Coastal Marshlands
Protection Rules New Regulations for Upland
Component of Project Permitted Under Coastal
Marshlands Protection Act Chapter 391-2-3-.03
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Background

• Department identified the need for clarity on
  upland issues
• Proposal originated from a Board of Natural
  Resources directive to the Department
• Tasked to undertake a citizens stakeholders
  process
• Stakeholders charge
• Develop recommendations for rule-making
  associated with
• stormwater management measures,
• impervious surface coverage standards, and
• buffer design and maintenance
• for waterfront developments subject to permitting
  under the Coastal Marshlands Protection Act

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• Stakeholders convened during summer
• Report provided to Board in September
• Board tasked CRD to draft a proposed rule for
  consideration in December
• Foundation for Rule Coastal Uplands
  Stakeholders Report Sections I, II, and III
• Legal review ref. Board authority

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• Proposal inserts new Rule 391-2-3-.02
• Establishes procedures and criteria through
  rulemaking, to be applied to projects applying
  for Coastal Marshlands Protection Act permits.
• Imposes marshlands buffer, stormwater
  management, and impervious cover standards for
  projects permitted under the Coastal Marshlands
  Protection Act, so as to protect this vital area
  of the State and to protect the public interest.
• Brings clarity, definition, and explanation
  where the statute has uncertainty.

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(1) Findings and Purpose Establish the
declarations of the Board which serve as the
foundation for these Rules.

• Saltmarshes are vital area of the state.
• Important to all citizens of the State.
• Board and Coastal Marshlands Protection Committee
  (CMPA) can regulate to
• prevent impairment of marsh values and functions
• protect the public interest
• Stormwater management, impervious cover standards
  and buffer measures are warranted.

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(2) Definitions Adds 18 definitions for terms
referenced throughout the Rule

• Applicant
• Coastal Marshlands
• Committee
• Effective Impervious Cover
• Estuarine Area
• Greenspace
• Impervious Surface
• Marshland Buffer
• Marshlands Component of a Project

• Nonstructural Stormwater Management Practice
• Person
• Project
• Stormwater Treatment
• Total Impervious Area
• Untreated Stormwater
• Upland
• Upland Component of a Project
• Wetlands

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Rule 391-2-3-.02 (2) (l) Project means the
activity which is being permitted pursuant to the
Coastal Marshlands Protection Act. The project
may consist of both a marshlands component and an
upland component. Rule 391-2-3-.02 (2)
(i) Marshlands component of the project means
the part of the project proposed for permitting
that is located in, on, or over the estuarine
area.
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• Rule 391-2-3-.02 (2) (q)
• Upland component of the project is all those
  service areas, amenities, and recreational areas
  located inland of the marsh upland interface that
  service or aid the functioning of the part of the
  project being constructed in, on or over
  marshlands, such as the examples enumerated.
• The area subject to these regulations is the
  upland area directly associated with the
  marshlands component of the project.
• The Committee can include a facility adjacent
  to/in proximity to the marshlands component if
  facility
• is intended to serve exclusively/primarily
  users of the marsh component
• is likely to alter marshlands

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• (3) Procedure for Determining Project Boundaries
  
• Applicant delineates boundaries in the
  application materials
• Identifies areas to be used in connection with
  the project
• Staff review and validate the boundaries

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(4) Marshlands Buffers for Uplands Component of
the Project

• Marshland buffer regulations associated with the
  CMPA require a project certify adherence to soil
  and erosion control responsibilities.
• Proposed Rule establishes
• 50 marshlands buffer for upland component of
  project
• how to measure that buffer
• requirement that the buffer remain naturally
  vegetated and undisturbed.
• Exceptions for
• temporary construction and maintenance
• permanent structures essential to function or
  permanent access to marsh component of project
• landscaping to enhance stormwater management
• pedestrian access for passive recreation.

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• Requires buffer restoration and maintenance in
  natural vegetation or in a vegetative state
  equally protective or better than
  pre-construction condition, following land
  disturbance allowed for.
• Existing impervious surfaces and structures can
  be maintained in their existing footprint
  provided improvements do not encroach further
  into the buffer.
• Requires buffer design, installation and
  maintenance achieve stormwater treatment that
  meets standards of the most recent edition of the
  Georgia Stormwater Management Manual, and
  forthcoming coastal-specific standards.
• The Rule recognizes the authority of the EPD
  Director to administer the ES requirements.

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• (5) Stormwater Management Standards for the
  Upland Component of the Project
• Untreated stormwater may not be discharged from
  the upland component of a project .
• Provides for waiver from Committee due to site or
  project characteristics, lack of a feasible
  alternative, and minimal impact.
• Discharged stormwater must meet Georgia
  Stormwater Management Manual standards.
• Greenspace must be retained where practicable and
  appropriate.
• Non-structural stormwater management better
  site design practices as those in the Georgia
  Stormwater Management Manual, must be utilized to
  the maximum extent practicable.

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(6) Impervious Surface

• Pervious surfaces must be maximized and total
  impervious area minimized, with a goal of no more
  than 15 effective impervious cover where
  practicable.
• Consideration given to existing structures in
  project area and available land in upland
  component of the project.

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(7) Required Information
The Coastal Marshlands Protection Committee must
establish an application checklist to assist
permit applicants. The checklist can be obtained
from the Committees administrative headquarters
at Coastal Resources Division.
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• Economic Impact
• Anticipated increased costs for applicants
• Buffer design, restoration and maintenance
• Meeting stormwater management performance
  standards
• Achieving limits on impervious coverage
• Costs variable by project
• Economic impact justified for future benefits

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Timeline

• December 5th - DNR Board briefed on draft
  proposed Rule revised based on Board Input
• January 9th 11th - Public hearings in
  Brunswick Savannah
• January 23rd - Rule presented to the Boards
  Coastal Committee proposed Rule further revised
• January 26th Revised proposed Rule re-noticed
• February 6th Public hearing in Savannah
• February 27th 28th - Presentation of final
  proposed Rule for adoption by DNR Board

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