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Draft Action Plan 4:
Promoting Low Impact Development and Smart Growth

About the new Buzzards Bay CCMP Action Plans
The Buzzards Bay NEP is now updating our 1992 landmark Buzzards Bay Comprehensive Conservation and Management Plan (CCMP) to reflect the great progress achieved since that plan was finalized. It will include new goals, objectives, and recommendations to meet the environmental needs for Buzzards Bay and its surrounding watershed throughout the next decade. This new document will also meet the requirements for a Massachusetts Watershed Action Plan, which will enable new funding opportunities through the Commonwealth of Massachusetts.

On this page is a draft action plan from the updated Buzzards Bay Comprehensive Conservation and Management Plan. The text on this page is a public draft provided to invite comment and discussion of the subject by residents and stakeholders. It may contain goals and recommendations that have not yet been endorsed or approved by the Buzzards Bay Steering Committee. The views or information contained here do not necessarily reflect the views of the Commonwealth of Massachusetts or the US Environmental Protection Agency.

We want your feedback on this action plan. First, please read the entire action plan Promoting Low Impact Development action plan. Then at the bottom of this page click the "rate each recommendation now" button to provide comments on each goal, objective and recommendation contained in this Action Plan. Based on your feedback, we will update and revise all the action plans in the new CCMP.

Promoting Low Impact Development and Smart Growth

To fully understand the basis of these goals and recommendations, please read the complete LID Action Plan (1/05/10 draft 56 kb pdf).

Goals

Goal 4.1 To encourage low-impact development (LID) and redevelopment that minimizes and/or eliminates environmental impacts.

Objectives

Objective 4.1 Promote incentives to developers and project proponents to incorporate LID into project site designs.

Objective 4.2 Provide training to local and state regulatory officials and developers/designers on LID.

Objective 4.3 Adopt and implement LID bylaws regulations, and policies at the local and state governmental level.

Recommendations and Commitments

Recommendation 4.1 The Buzzards Bay NEP should promote adoption of municipal bylaws and regulations that support the principals of LID.

Explanation: This should be a core element of the Buzzards Bay NEP's technical assistance program to manage stormwater. Priority: High.
Responsible agent(s): Buzzards Bay NEP for training, NGOs raise support for passage of bylaws Commitments: The BBNEP is committed to this task. Legislation required: None. Estimated costs: Costs of providing training will vary, but could range between $5K to $20K annually depending on workshop schedules, speakers fees and expenses, rental fees for facility, etc. Potential funding: various state and federal grants. Implementation strategy: The Buzzards Bay NEP should work with BBAC and Buzzards Bay municipalities to assist with the adoption and implementation of the LID Bylaws and unified stormwater regulations among town boards. They should also provide training in the review of plans and stormwater calculations for compliance with local regulations, and to identify when professional engineering reviews are required. Workshops should be coordinated with the BBAC. Measuring success: Buzzards Bay NEP provide training opportunities to the target audience. Effective outreach is provided to a wide audience, including the intended target audience. There is widespread understanding of the problems with conventional development and the need for LID. There is increasing or widespread support for using the recommended measures. There is widespread use of LID measures. At least half the Buzzards Bay communities have participated in workshops and formally considered whether LID bylaws are appropriate in their town. Schedule: Within one year. Comments: Federal

Recommendation 4.2 The U.S. EPA should continue to promote LID through funding and partnership building, as part of nationwide Smart Growth initiatives, and to encourage LID principals through in their regulatory programs.

Explanation: EPA needs to remain committed to this effort. Priority: Medium.
Responsible agent(s): U.S. EPA Region 1 Commitments: None. Legislation required: None for funding. Change in NPDES Phase II permit required for next 5year cycle, to begin in 2011. Estimated costs: Unknown. Potential funding: NA. Implementation strategy: Continued funding and education efforts by EPA, coupled with changes to their permit programs.. Measuring success: EPA provides funding for training and implementation of LID techniques as part of Smart Growth initiatives. EPA funds pilot implementation projects and produces guidance to municipalities on how LID can meet Phase II requirements. Measuring success: Schedule: Within three years. Comments: Stormwater management is a key goal of the recent Phase II NPDES program and Clean Water Act provisions, which are implemented by the U.S. EPA. The use of LID as a component of stormwater management therefore should be promoted by EPA, through funding for training and outreach programs, developing and distributing outreach materials, and encouraging local, regional, state, and federal partnerships to manage stormwater, and during EIS/EA reviews. Funding may be to state and/or regional agencies, such as EEA, MA CZM, SERPDD, CCC, Massachusetts Highway Department, U.S. EPA headquarters, and others. In addition, EPA should incorporate LID implementation among the requirements of the next 5year cycle of the Phase II NPDES permit program.

Recommendation 4.3 NRCS should work with EPA to incorporate LID hydrology into the TR55 model used by engineers and regulators.

Explanation: Because TR55 and similar models are used by consultants and engineering firms as the basis of evaluating stormwater discharges for conformance to government stormwater regulations, it is essential that the program be updated to give proper runoff coefficients to LID BMPs to ensure those BMPs are give adequate consideration. Priority: High.
Responsible agent(s): NRCS, EPA Commitments: None. Legislation required: None. Estimated costs: Unknown. Potential funding: NRCS or EPA budgets if additional studies needed. Implementation strategy: NRCS should work with EPA to identify hydrologic methods and a core set of LID BMPS that should be incorporated into the TR55 model, or an alternative model. NRCS can then develop the revised model using existing peer reviewed data and design characteristics. Training and outreach by NRCS, EPA, and local state agencies and LID experts will then be needed to teach engineers and reviewers how to use this model. EPA is an essential facilitator of this effort. Measuring success: A model is published by NRCS and engineers begin using the model regularly to incorporate LID design into site development within three years. Schedule: Publish revised model within two years. Comments: Development of this model should be undertaken with assistance from engineering associations and research institutes to ensure proper understanding of the design and function of the LID BMPs, and to define the set of user-specified variables that will be needed in the model for LID BMPs. Training and outreach will be needed in order to teach practitioners how to use this software. Commonwealth of Massachusetts

Recommendation 4.4 MEPA should require the submission of an LID alternatives analysis for commercial and residential projects that meet MEPA thresholds (for land, rare species, wetlands, water, wastewater, transportation and ACEC) for EIRs.

Explanation: LID principals need to be more formally incorporated into the MEPA Regulations at 301 CMR 11.00 . Priority: High.
Responsible agent(s): EEA MEPA Office, Commitments: None. Legislation required: Change in MEPA regulations required. Estimated costs: Unknown. Potential funding: NA. Schedule: Within two years. Implementation strategy: MEPA Office and EEA should have a Task Force to develop recommendations for requirements of an LID Alternatives Analysis and present that to EEA Secretary and MEPA Director for consideration. The MEPA Office should add changes to their website that promotes LID as part of a pre-project planning process, and MEPA should distribute appropriate guidance materials that encouraging LID strategies prior to project submissions. Measuring success: Projects filing EIRs under MEPA begin to include LID alternatives analyses in the filing, and begin to select LID design as the preferred alternative. Schedule: Comments:

Recommendation 4.5 EEA should keep its LID Model Bylaw and Smart Growth Toolkit up-to-date.

Explanation: The Smart Growth Tool kit website (at http://www.mass.gov/envir/smart_growth_toolkit) was last updated in 2007.. Priority: Medium.
Responsible agent(s): EEA should continue to provide training workshops to promote LID and other Smart Growth techniques, and keep the Toolkit up to date. The Buzzards Bay NEP and BBAC should continue to facilitate training workshops in LID. Municipalities should provide support for staff and board to attend training. The target audience for LID should include municipal staff and boards involved in policy and permitting of development (e.g., Planning Boards, Building Inspectors, Conservation Commissions, Zoning Boards, Boards of Health, and others), developers, builders, engineering firms, homeowners associations, trade associations, and the public. Commitments: None. Legislation required: None. Estimated costs: Cost of providing training workshops, outreach materials, and updating the Toolkit and LID Model By law, as necessary. Potential funding: EEA. Implementation strategy: LID and Smart Growth Work groups annually review documents and website. Measuring success: EEA continues to provide training opportunities to the target audience. Effective outreach is provided to a wide audience, including the intended target audience. There is widespread understanding of the problems with conventional development and the need for LID. There is increasing or widespread support for using the recommended measures. There is widespread use of LID measures. There is noticeable improvement in water quality and habitat, or at least no further degradation. Schedule: Begin within two years. and ongoing. Comments: EEA has published the Smart Growth Toolkit that provides guidance on LID, including an LID Model Bylaw. This toolkit must be kept up to date and outreach should be provided to local governments and the development community.

Recommendation 4.6 MA CZM should continue to sponsor the LID Working Group that meets monthly and provides education and outreach to a wide range of participants.

Explanation: CZM should continue to provide leadership to coastal communities because they are most affected by the impacts of stormwater discharges (like closed shellfish beds). Priority: High.
Responsible agent(s): MA CZM Commitments: None. Legislation required: None. Estimated costs: $100,000 Potential funding: EEA Implementation strategy: This group should continue to meet, compile useful LID information and case studies and continue to conduct workshops. Measuring success: MA CZM plan for and provide training opportunities to the target audience. Effective outreach is provided to a wide audience, including the intended target audience. There is widespread understanding of the problems with conventional development and the need for LID. There is increasing or widespread support for using the recommended measures. There is widespread use of LID measures. There is noticeable improvement in water quality and habitat, or at least no further degradation. Schedule: Meets monthly and shares information through email network Comments: Regional Planning Agencies

Recommendation 4.7 SRPEDD and CCC should continue to provide LID training and outreach and education to municipalities and developers. CCC should incorporate LID into their Regional Policy Plan and apply these standards to projects under their regulatory review.

Explanation: The actions of the regional planning agencies, particularly the Cape Cod Commission which has regulatory authority, is important to the overall success or promoting LID principals.. Priority: High.
Responsible agent(s): SRPEDD and CCC are to incorporate LID in their outreach and planning. Municipalities should adopt LID bylaws, measures and policies. Developers and building associations should attend LID workshops and promote its use, including providing opportunities for demonstration projects. Commitments: None. Legislation required: Promoting LID through outreach will not require legislation. However, SRPEDD and CCC can promote the adoption of Model LID Bylaws in municipalities. Municipalities should adopt and implement LID bylaws. Estimated costs: Not defined. Potential funding: NA. Implementation strategy: Not defined. Measuring success: LID standards and approaches are incorporated into regional planning guidance and requirements. Municipalities adopt and implement LID bylaws. LID is used widely by developers. There is improvement or at least no further degradation of water quality and habitat in the Buzzards Bay watershed and the Bay itself. Schedule: Ongoing. LID incorporated in CCC Regional Policy Plan within two years. Comments: Municipalities

Recommendation 4.8 Each Buzzards Bay community should adopt LID principals in their subdivision regulation and site plan review bylaw..

Explanation: Most LID BMPs will be installed because of local regulatory requirements and policies, so this task is essential.. Priority: High.
Responsible agent(s): All Buzzards Bay municipalities (Planning Boards, Conservation Commissions, Building Departments). Commitments: None. Legislation required: Requires municipal approval of the LID Bylaw (town meeting) or regulations (individual boards, where applicable). Estimated costs: Costs could include labor to modify and tailor the existing LID Model Bylaw to suit a particular municipality. Potential funding: Under M.G.L. Ch. 83, S. 16 ("Charge for use of sewers"), municipalities may create a stormwater management utility to raise fees to manage stormwater facilities that serve multiple residents and/or commercial properties. Such a stormwater utility is analogous to a sewer utility, and may include LID measures. A "water pollution abatement" district needs to be defined first, under M.G.L. Ch. 40, S. 1A. Other funding sources include EEA Smart Growth Technical Assistance Grants and CZM CRP and NPS Grants. Implementation strategy: Combine efforts with TMDL requirements and Phase II permits (refer to Action Plan 2: Managing Stormwater Runoff). Municipalities can utilize the Buzzards Bay NEP Unified Regulations for Town Boards but need to modify it for local application. Measuring success: LID bylaws are adopted and implemented by municipalities within the watershed. Water quality and habitat within the watershed do not degrade further, and degraded environments may improve. Schedule: Begin within two years and ongoing. Comments: The LID Bylaws should contain provisions for the treatment and infiltration of stormwater runoff and an incentive (credit) system to encourage developers to minimize impacts by reducing impervious areas, disconnecting rooftops and driveways from street drainage and maintaining naturally vegetated buffers to wetlands, streams and marine waters.

Recommendation 4.9 Local government staff and municipalities board members should attending LID training meetings and workshops to learn about sustainable development practices.

Explanation: Continued training of volunteer board member (which continually change composition) and staff is needed. Priority: High.
Responsible agent(s): DPW personnel, Town Planners, Planning Board members, Zoning Board of Appeals members, Selectmen, Building Inspectors, Conservation Agents, Conservation Commissions, and other municipal staff and boards dealing with permitting development and redevelopment. To provide training: Buzzards Bay NEP, MA CZM, regional planning agencies, building associations. Commitments: None. Legislation required: None. Estimated costs: $5,000 per town per year Potential funding: Selectmen and mayors should provide general funds, or use development permit fee. Alternative funding may include EEA Smart Growth Technical Assistance Grants Implementation strategy: Key state and local staff and municipalities boards should become familiar with LID and other sustainable development practices, and attend training workshops where applicable. including DPW personnel, Town Planners, Planning Board members, Zoning Board of Appeals members, Selectmen, Building Inspectors, Conservation Agents, Conservation Commissions, and others to become trained and familiar with LID and other sustainable development practices. Measuring success: Agencies provide training opportunities to the target audience. Effective outreach is provided to a wide audience, including the intended target audience. There is widespread understanding of the problems with conventional development and the need for LID. There is increasing or widespread support for using the recommended measures. There is widespread use of LID measures. There is noticeable improvement in water quality and habitat, or at least no further degradation. Schedule: Begin within two years. and ongoing. Comments: None. Non-Governmental Organizations (NGOs)

Recommendation 4.10 The development industry should promote the adoption of LID Bylaws.

Explanation: Builder's associations understand the cost savings that can be achieved by LID BMPs, and this understanding needs to be conveyed to their members. Priority: Medium.
Responsible agent(s): The Cape Cod Homebuilders Association, Massachusetts Homebuilders Association, Massachusetts Association of Municipal Employees, American Planning Association, and other development and planning organizations should provide LID training to their members. EEA, MCZM, Buzzards Bay NEP, and the BBAC should provide "Train-the-trainer" workshops to ensure the that the industry can provide LID training to their members Commitments: None. Legislation required: None. Estimated costs: Cost of providing train-the-trainer and other workshops could vary between $5K to $20K depending on workshop length, complexity, invited speakers, etc. Potential funding: NAHB, EEA, EPA Schedule: Begin within 1 year and ongoing. Implementation strategy: Not defined. Measuring success: Industry provides training opportunities to the target audience. Effective outreach is provided to a wide audience, including the intended target audience. There is widespread understanding of the problems with conventional development and the need for LID. There is increasing or widespread support for using the recommended measures. There is widespread use of LID measures. There is noticeable improvement in water quality and habitat, or at least no further degradation. Schedule: Comments: "Train-the-trainer" workshops should be provided to these organizations and their members on the benefits of LID, and the construction specifications and sequencing to construct LID BMPs.

To fully understand the basis of these goals and recommendations, please read the complete Promoting Low Impact Development (LID) Action Plan (1/05/10 draft 56 kb pdf).

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