Agenda - 08-26-1991 - Laserfiche WebLink

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DRAFT These excniptions would be approved on a case- by-case basis by the rMC. As discussed above in the proposed rules, if a local government permits a non - conforming activity after reclassification, it would be required to offset the impacts by implementing more stringent require mcnis somewhere, else in the watershed. 1. Though ogh an exemption procedure is needed , petitioning the EMC for emery tninor exemption will pose an administrative burden for the EMC (rind backlogs) and be curnberso►ne for local governments. 2. The offset provisions do not require equal wafer quality protty( ion. I Load govermmnels cannot require developers to cotnply with regulations prior to adoption by that jurisdiction. RECOMMENDATION Delegate authority to local governments to make minor exemptions based on criteria adopted by the EMC, Require the local government to notify other potential interested local governments and pro- vide an appeals procedure. The EMC would continue to have complete authority over major exemp- tions. Revise the rules as follows: .0104 (1) Exemptions n -Lay be allowed by the Commission on a case -by -case basis for occurrences of non- confortning uses prior to reclassification in order to obtain a higher classification or by the Commission at the request of local government on a case -by -case basis after reclassification. Lojal govertunents mav�11Q3y ��tf e�remptions to the specific the specific standal:ds contained herein basedWgn criteria xirittg -ion crlterla_sltall include all...liutjl9 k1 ?e limited to,, the fallowing: l) thiz es will cause a pLa-g0cal gn.the Qper� 2) the conditionjspegullar to the property: 3) the conditiQti could not hay n f r -in itftting these ~'ales; and 9 }. Oproposed Lion j,BUes to meet the spiritiur�ose,.al41Si latent of th rules. When Win. CaMVAj 2LLj the local v - notify and allQw a reasonoble cotniner>f ge ed for uge rs of the within the watershe area governed Perrions may amnal the J *cisions to the EMC. .0104 (t) Commencement of new activities ... as of_fjVjY- ,, 19921 or [the date the local- &QXUpment opts watershed protection regulations comply ng with these rulesl ..shall comply with the requiremecnt of these rules. (Note: Again, the Committees recommend the earliest possible legal date.) Since some areas of a watershed influence water quality more than others, we recommend that the EMC revise the offset provision to require that local governments adopt more stringent land uses in sdirnila r areas of to provide no net loss of water quality protection. 3) Agriculture, Silviculture, and Transportation The existing rules reflect g nneral policies, encouraging best management practices for agricultural, -iilvicultural, and transportation activities in drinking water supply watersheds. The proposed rules are more specific. For instance, "The Department of Transportation shall use BM's -3utlined in its document entitled, "Water Supply Watershed BMP's." This document indicates that the Department shall provide sufficient areas for Containment of hazardous spills within critical areas, aromote infiltration by using riprap instead of concrete ditches, limit grading operations, inspect, clean