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Dane County Proposes Revised Storm Water Management Rules

Published: January 4, 2011
Author: Peter Conrad

The Dane County Environment, Agriculture and Natural Resources Committee will be holding a meeting today, January 4, 2011 at 5:45 p.m. during which it will discuss proposed changes to Dane County's Storm Water Ordinance.

The amendments have the potential to impact commercial development located anywhere in Dane County, Wisconsin. The most significant revision is that the residential infiltration standard would apply to commercial development. Under current rules (as well as DNR regulations), a commercial development must infiltrate 60 percent of the post-development runoff volume of storm water. However, residential development requires a 90 percent infiltration rate. Dane County is proposing that commercial development meet the 90 percent infiltration rate. The key issue that needs evaluating is how this change will affect the cost and feasibility of commercial construction projects.

There are a couple of other changes proposed in addition to the proposed changes to the infiltration requirements for commercial development. Those proposed changes include increasing the cap on the amount of land that may be required for infiltration on residential property from one percent to two percent of the project site, and substituting "annual pre-development recharge rate" for 7.6 inches per year.

We are monitoring these changes, as well as other proposals by Dane County. If you have any about Dane County’s proposed revised storm water management rules, contact Attorney Peter Conrad at 608.260.2483 or pconrad@axley.com.

Axley Brynelson is pleased to provide articles, legal alerts, podcasts and videos for informational purposes, but we are not giving legal advice or creating an attorney/client relationship by providing this information. The law constantly changes, and our publications may not be currently updated. Before relying on any legal information of a general nature, please consult legal counsel as to your particular situation. While our attorneys welcome your comments and questions, keep in mind that any information you provide us, unless you are now a client, will not be confidential.