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Tackling Barriers to Green Infrastructure One Code at a Time Julia Noordyk Water Quality Outreach Specialist Wisconsin Sea Grant @ NoordCoast Credits: Juli Beth Hinds Birchline Planning, LLC Kate Morgan Milwaukee Metropolitan Sewerage District

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Page 1: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Tackling Barriers to Green Infrastructure One Code at a Time

Julia Noordyk Water Quality Outreach Specialist Wisconsin Sea Grant@NoordCoast

Credits: Juli Beth Hinds Birchline Planning, LLCKate Morgan Milwaukee Metropolitan Sewerage District

Page 2: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Underwater video of an urban stormwater outfall

West Seattle diving footage by Laura James (www.tox-ick.org)

Page 3: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Rain Gardens and Bioretention

Green Infrastructure

Page 4: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Permeable Pavements and Pavers

Page 5: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Planter Boxes

Page 6: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Green Walls

Page 7: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Green Roofs

Page 8: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Stormwater Trees

Page 9: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Native and Deep Rooted Plants

Page 10: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Restored Floodplains

and Wetland Basins

Page 11: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Why are Codes & Ordinances important for Green Infrastructure?

“The building code doesn’t allow a LEGO chimney on a Lincoln Log cabin.”

Page 12: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,
Page 13: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Emerging and evolving needs & issues

Stormwater permit updates

Page 14: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Rainfall Estimates June 16-17, 2018Credit: MNNPR News, National Weather Service

Intense storm events

Emerging and evolving needs & issues

Page 15: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Emerging and evolving needs & issues

Environmental Protection AgencyTotal Maximum Daily Loads (TMDLs)

Page 16: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Emerging and evolving needs & issues

Changing technical standards

Page 17: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Emerging and evolving needs & issues

PaveDrain

New products & technology

Page 18: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

And Finally: The Discretion & Decider Barriers

WHO’S IN CHARGE HERE?!

Page 19: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

The charismatic leader, “Make it so!”

Page 20: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Discretionary approval needed…

“The applicant shall incorporate the comments of the…”

Page 21: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Aesthetic Habits

“Because we’ve always done it that way.”

Page 22: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

When no one is deciding

What’s missing here?

Page 23: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

“I heard it failed in…”

Page 24: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

So what? We comply with the state stormwater standards….

Page 25: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater, green infrastructure will not likely be considered in development proposals, design plans or capital projects.

Why are Codes and Ordinances Important?

Page 26: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

It’s not about more regulation or cost!

Page 27: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Photo: Kuglin/AP

Do codes actually matter?

Page 28: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Code Revision: Encouraging use of bioretention areas with curb

cut inlets as parking lot landscaping

24.12.020 Perimeter Vehicular Use Area Landscaping and

24.12.030 Interior Vehicular Use Area Landscaping

The integration of depressed bioretention areas used for landscaping and

stormwater management is are strongly encouraged. Where perimeter

areas are designed specifically for stormwater management, the planting

and dimensional requirements of 24.12.020(B)(1) above may be varied as

necessary to ensure that the area functions effectively for stormwater

treatment, so long as in the judgment of the [plan commission, city

engineer] an equivalent amount of landscaping, planting or screening is

provided.

Page 29: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

46% runoff volume reduction

59% total suspended solids reduction

What’s the Impact: New Standards For Parking Lot Landscaping

Page 30: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Code Revision: Encourage use of natives in lawn areas and

limit total percent of site in turf grass

CODE OF ORDINANCES

Chapter 122 – ZONING

7. Landscaping. A general description of landscaping standards, screening,

and parking lot treatments. Naturalized landscaping, the use of native

vegetation, preservation of existing trees and wooded area, and tree

planting that will provide additional tree canopy on the site are

encouraged. The use of turfgrass should be limited to those areas

intended for outdoor recreation or gathering areas.

Page 31: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

74% runoff volume reduction

64% total suspended solids reduction

What’s the Impact: Substituting Deep Rooted Plantings for Turf

Page 32: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

…Yes, codes matter and we can do better!

www.seagrant.wisc.edu/greeninfrastructure

Page 33: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

What makes this audit unique?

Page 34: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

One code to rule them all….

Page 35: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,
Page 36: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Natural Assets?

Page 37: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Stormwater Permit?

Pollution Limit?(e.g., TMDLs)

Page 38: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Hazards?

Page 39: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Community Identity and Character?

Page 40: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Green Infrastructure

Usage?

Page 41: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Acceptance?

Page 42: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Down in the weeds

Page 43: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Nuanced Code Ranking

GI

practice

clearly

allowed

and

approved

as-of-

right

GI

practice

allowable

but some

ambiguity

or

potential

conflict

GI

practice

allowed

with

discretion

ary

approval

GI

practice

mentioned

but w/o

standards

or

guidance

No policy

or

standards

adopted,

but not

disallowed

Limitations

or

prohibitive

language,

but could

potentially

be

approved

GI

practice

prohibited

or

prevented

by

conflicting

code

Page 44: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Permeable Materials

1 2 9876543

Page 45: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

✓ARCHITECTURAL DESIGN STANDARDS

✓COASTAL COMMUNITIES

✓COMMUNITY OUTREACH AND EDUCATION

✓CONSTRUCTION AND POST-CONSTRUCTION MANAGEMENT

✓LANDSCAPING

✓PARKING

✓PERMEABLE MATERIALS

✓POLLUTANT REDUCTION THROUGH SITE PLAN REVIEW

✓POST-CONSTRUCTION STORMWATER STANDARDS AND LONG-TERM MAINTENANCE

✓PUBLIC WORKS STANDARDS

✓PURPOSE STATEMENTS AND COMMUNITY PLANS

✓SANITARY AND STORM SEWER DISCONNECTIONS

✓STORMWATER MANAGEMENT STANDARDS

✓SUBDIVISIONS AND NEW “GREENFIELD” DEVELOPMENT

✓ZONING

Page 46: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Nuanced Code Ranking

Juli Beth Hinds,

Birchline Planning, LLC

Page 47: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Landscaping

Audit Question Type of Barrier Tips Grade

Is the use of deep-

rooted or native plants,

plants with habitat

value, or edibles

allowed or encouraged

in the landscaping

standards?

Landscape

standards

Design guidelines

Explicitly listing

desired types of

landscaping in

the regulations

tells site planners

up front that the

community

encourages these

types of

plantings.

A-

Page 48: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,
Page 49: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

“How do I choose?!”

Page 50: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

What code changes will meet the community’s goals?

Page 51: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Current and future development?

Page 52: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

No Near-term Development or Redevelopment?

Page 53: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

TBD….

Page 54: Tackling Barriers to Green Infrastructure One Code at a Time · If the code language is not clear that green infrastructure is an acceptable or preferred approach to managing stormwater,

Julia NoordykWater Quality SpecialistUW Sea [email protected]

Thank you!

www.seagrant.wisc.edu/greeninfrastructure