Existing Management EffortsThe City of San Marcos and Texas State University have multiple on-going efforts to mitigate stormwater, protect water quality, promote green infrastructure and LID and educate the community about best practices to prevent pollution throughout the watershed. Programs are implemented through City and University participation in the Edwards Aquifer HCP and MS4 permits, among other efforts. Hays County and several City departments work to promote best practices for mowing, land management, preserving riparian areas, best construction practices, water conservation and other important watershed protection activities. Nongovernmental partners, such as the San Marcos Greenbelt Alliance and the San Marcos River Foundation are active in restoring riparian areas and improving water quality. The San Marcos River Foundation, the Meadows Center for Water and the Environment, and many local land conservation based organizations are working to conserve and manage land critical to watershed function. Still many others are promoting education and community involvement in watershed protection.

This document seeks to capture as many of the structural management measures as possible, although others may have been added since the drafting of the Plan. Additionally, efforts related to updating ordinances, technical manuals, installing new best management practices, improving education programs and land conservation are planned in the near future. As many as possible are listed in the Plan. This information will be updated on a regular basis. Examples of existing measures are provided in Table 1. More detailed information is provided below in additional tables.

Table 1. Examples of Existing Structural Management Practices

Texas State University

City of San Marcos

Hays County

Private*

Biofiltration X

Disconnected Impervious Cover X

Rain Gardens X

Detention Pond (concrete or grass)

X X X

Stormwater Control X X

Filter Strip X X

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Water Quality Structure X X

Grass Swale X

Gabion X

Porous Paver Parking Lot X

Cistern (Above and In-ground) X

Watershed Wide Flood RetentionThe Natural Resource Conservation Service (NRCS) built three flood retention structures in the Sink Creek watershed and two flood retention structures in the Purgatory Watershed (Figure 1). These impoundments, built in the 1980s, were installed to reduce the amount and frequency of runoff during severe rain events (Saunders et al., 2001). While these structures proved effective at reducing the amount of initial runoff entering the river, they currently do not eliminate downstream flooding. The initial pulse from peak stormflow has decreased over the last forty years due to the presence of the flood-control structures in the watershed and has led to the aggradation of the river. The structures also have had a significant impact on the routing of nonpoint source pollutants across the watershed and into the aquifer.

Figure 1. NRCS Flood control structures in Purgatory and Sink Creek watersheds (NRCS, no date)

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Detention ponds in the watershed also impact flooding and may alter the level of pollutants entering tributaries and the river via stormflow as some sediment and nutrients may settle out of stormflows captured in ponds. Flood control structures, detention ponds and impervious cover are shown at the sub-basin scale below in Figures 2-5.

Figure 2. Sink Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover Data, 2013)

Figure 3. Sessom Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover Data, 2013)

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Figure 4. Purgatory Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover/Capital Improvements Data, 2013)

Figure 5. Willow Springs Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover Data, 2013)

Existing City of San Marcos Management PracticesTable 2 provides list of structural BMPs that the City of San Marcos has implemented and continues to maintain.

Table 2. Existing City of San Marcos structural management practices (as of 2015)

ID # Type Location Material Year Installed63 Detention Pond Westover Improvements Earthen Unknown78 Detention Pond River Ridge Part 2 Earthen Unknown

113 Detention Pond Holland & N LBJ Other Unknown148 Detention Pond Sunset Acres Earthen Unknown

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ID # Type Location Material Year Installed151 Detention Pond Hills of Hays Earthen Unknown15 Detention Pond Fire Station Hunter Rd Earthen Unknown33 Detention Pond Senior Center Earthen Unknown39 Detention Pond Hummingbird Earthen Unknown

175 Detention Pond Craddock Earthen 2006143 Detention Pond 2001 N. Bishop Earthen Unknown27 Detention Pond Willow Springs Park Earthen 2001

122 Detention Pond Airport Unknown Unknown

146 Detention Pond Post Rd Earthen/Sand Filter 2008

99 Detention Pond Gary Sports Complex Unknown 20131281 Detention Pond Rattler Road Earthen 2014117 Detention Pond Gary Sports Complex Unknown 2013

126 Detention Pond San Marcos High School Band Pad Earthen 2003

165 Detention Pond San Marcos CISD Dezavala Elem Addition Earthen 2005

169 Detention Pond San Marcos CISD High School Earthen 2005173 Detention Pond San Marcos CISD High School Earthen 2005

WQD1 Stormwater System AQUARENA SPRINGS DR/UNIVERSITY DR Vortech Unknown

WQD6 Stormwater System AQUARENA SPRINGS DR/UNIVERSITY DR Vortech Unknown

WQD8 Stormwater System AQUARENA SPRINGS DR/UNIVERSITY DR Vortech Unknown

WQD5 Stormwater System AQUARENA SPRINGS DR/UNIVERSITY DR Vortech Unknown

WQD10 Stormwater System AQUARENA SPRINGS

DR/UNIVERSITY DR Vortech Unknown

WQD11 Stormwater System AQUARENA SPRINGS

DR/UNIVERSITY DR Vortech Unknown

WQD4 Stormwater System RIVER RD/AQUARENA SPRINGS DR Stormcepter Unknown

WQD2 Stormwater System W SAN ANTONIO ST/FREDERICKSBURG ST VortSentry Unknown

WQD3 Stormwater System DAVIS LN/RIVER RD Stormcepter UnknownWQD9 Stormwater System CLYDE ST/ALLEN ST Stormcepter UnknownWQD7 Stormwater System DELMAR ST/ALLEN ST Stormcepter Unknown

N/A Weir System Unknown Unknown Unknown

N/A Roadside Ditch Network Unknown Earthen Unknown

N/A Above Ground Cisterns New Fire Stations Unknown Unknown

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ID # Type Location Material Year InstalledN/A Biofiltration CM Allen Parkway at Hutchison Earthen 2015

N/A Disconnected Impervious Cover Hutchison St. Earthen 2015

N/A Rain Gardens Hunter Road Earthen 2015

Existing Texas State University Management PracticesTexas State University’s structural BMPs are shown in Figure 6 and listed in Table 3. The campus is also an official “Tree Campus” and has a Tree Care Plan in place which promotes proper species selection that allows for tree diversity with attention to native species as identified in the Texas State Plant Palette. The Tree Care Pan also protects high-value trees during construction and renovation projects, when feasible, and ensures that trees are reasonably replaced when there is mortality due to weather, pest infestations, injury, or construction displacement. Finally, the Plan promotes tree health and safety by utilizing best management and maintenance practices.

Figure 6. BMPs on the Texas State University Campus

Table 3. Texas State University BMPs for stormwater (Texas State University, n.d.)

Name Structure Type Description/Comments Associated Routine Maintenance (a)

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WithFS-1-01

Filter Strip Next to Presidents house Academic Routine mowing by Texas State grounds

DP-1-01

Detention Pond Pond in front of San Marcos Hall

Res Life Routine mowing by Texas State grounds

WQS-1-01

Water Quality Structure

Next to DP-1-01 & Kappa Alpha House

Academic RG348 Recommendations, Section 3.5.6

DP-1-02

Detention Pond By Glade theater, in front of Harris

Academic Routine mowing by Texas State grounds

SW-1-01

Grass Swale Extreme West Campus, by Long House

Academic RG348 Recommendations, Section 3.5.7

RP-1-01

Retention Pond Next to Ranch Road 12 Academic RG348 Recommendations, Section 3.5.5, no irrigation component

GB-1-01

Gabion Next to Ranch Road 12 Academic RG348 Recommendations, Section 1.4.6

ST-1-01

StormTrooper ©

Underneath Speck Street Garage

Parking Services

Manufacturer's reference manual (b)

FS-1-02

Filter Strip In between Mitte and Supple

Academic Routine mowing by Texas State grounds. Also RG348 Section 3.5.8

DP-1-03

Concrete Detention Pond

On South Side of DHRL Res Life RG348 Recommendations, Section 3.5.6.

PP-1-01

Porous Paver Parking Lot

Research Greenhouse on North Street

Academic Routine mowing by Texas State grounds

RC-1-01

Above ground cistern

Research Greenhouse on North Street

Academic Inspect piping, gutters and tank. Make necessary repairs and remove any accumulated debris.

DP-2-01

Detention Pond Under San Jac parking garage. Pipe discharge outside

Parking Services

RG348 Recommendations, Section 3.5.6. Confined space.

DP-2-02

Detention Pond "Upper Co-Gen Pond" Behind Cogen

Academic RG348 Recommendations, Section 3.5.6. Also replace/repair velocity dissipaters at inlet to pond and rock gabions/silt fence in the pond.

ST-2-01

StormTrooper ©

Underneath Matthews Street Garage

Parking Services

Manufacturer's reference manual (b)

RC-2-01

Inground cisterns (4)

On West side of PAC Academic Manufacturer's reference manual (c*)

RC-2-02

Inground tank cistern (1)

In center of NCHC Res Life Manufacturer's reference manual (c*)

DP-3-01

Detention Pond Next to Freeman Aquatic Building

Academic RG348 Recommendations, Section 3.5.6. Wet pond, extra precautions due to close proximity to river.

PP-4-01

Porous Paver Next to Salt Grass ?? Replace damaged pavers, level any areas showing subsidence using sand and paver replacement as necessary.

WQS-4-01

Water Quality Structure

Next to Salt Grass ?? RG348 Recommendations, Section 3.5.9 for Sand Filters

PP-4-02

Porous Paver Parking Lot

At River House (under construction)

?? Replace damaged pavers, level any areas showing subsidence using sand and paver replacement as necessary.

FS-4- Filter Strip By Bobcat Stadium End Athletic Routine mowing by Texas State,

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01 zone, near train tracks RG348 recommendations on concrete/rock outfalls (similar to Section 3.5.6).

SW-4-01

Grass Swale Next to Aquarena Springs Athletic RG348 Recommendations, Section 3.5.7.

DP-1-04

Grass Lined Detention Pond

On Southeast side of CRC Site -McCarty Lane

Academic RG348 Recommendations, Section 3.5.6.

a) TCEQ Complying with Edwards Aquifer Rules: Technical Guidance on Best Management Practices, RG348. Michael Barrett(b) Remove filter media and power wash annually. Also pump one vacuum truck load (1700 gallons) from the bottom of the inlet chamber to remove accumulated solids. Dispose of water and sludge in an approved Class 2 landfill. Clean trash from catch basins.(c*) Have not received manufactures O&M manual.

Existing Private Management PracticesThese management practices are on private property and managed by private entities.

Table 4. Existing private structural management practices

ID # Type Location Material Year Installed20 Detention Pond Bishop's Corner Earthen Unknown71 Detention Pond Post Rd Earthen 200844 Detention Pond Royal Apartments Unknown Unknown45 Detention Pond Royal Apartments Unknown Unknown46 Detention Pond Royal Apartments Brick Masonry Unknown47 Detention Pond Stagecoach Center Earthen 2003

48 Detention Pond Texas High School Coaches Association Earthen 2005

49 Detention Pond HEB Warehouse unknown Unknown50 Detention Pond Dollar General Earthen Unknown51 Detention Pond Genlyte Industrial Park Earthen 200452 Detention Pond HEB Warehouse unknown Unknown53 Detention Pond World Gym Earthen 200554 Detention Pond Fairfield Apts Earthen 200455 Detention Pond Fairfield Apts Earthen 200456 Detention Pond Juvenile Detention Center Earthen 200057 Detention Pond Villagio Earthen 2002

58 Detention Pond San Marcos CARTS Intermodal Transit Facility Brick Masonry 1999

59 Detention Pond Hill Country Faith Ministries Earthen 2004

60 Detention Pond SM Factory Shops Expansion Phase I Stage 2 Earthen 1999

61 Detention Pond McCoy's Retail Brick Masonry 2003

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62 Detention Pond Access Storage Facility Earthen 200064 Detention Pond Access Storage Facility Earthen 200065 Detention Pond Super P.O.P. Earthen 200066 Detention Pond Jackson Place Apts Earthen 199968 Detention Pond Stone Creek Earthen 2008

69 Detention Pond CVS Pharmacy Reinforced Concrete 2008

70 Detention Pond Stone Creek Earthen 2008

72 Detention Pond Ramsay Street Housing Reinforced Concrete 2010

73 Detention Pond The Groves of San Marcos Earthen 2009

74 Detention Pond Palazzo Section II Reinforced Concrete 2001

75 Detention Pond Tilson Homes Earthen 200176 Detention Pond Tanger Outlets Earthen 200077 Detention Pond R & R Rentals Earthen 200079 Detention Pond Lowe's Earthen 200180 Detention Pond Conley Carwash Earthen Unknown81 Detention Pond Vantage Apts Earthen 200882 Detention Pond Lowe's Earthen 200183 Detention Pond River Bend Duplexes Earthen 200184 Detention Pond River Bend Duplexes Earthen 200185 Detention Pond River Place Apartments Earthen 200186 Detention Pond San Marcos Business Park Earthen 200187 Detention Pond Tilson Homes Earthen 200188 Detention Pond Terraco Brick Masonry 200890 Detention Pond Blanco Riverwalk Earthen 200891 Detention Pond San Marcos Auto Outlet Earthen Unknown

92 Detention Pond Village at Park South Reinforced Concrete 2001

93 Detention Pond RBFCU Earthen 200794 Detention Pond Wienerschnitzel Unknown 2001

95 Detention Pond Peachtree Lofts Reinforced Concrete 2013

96 Detention Pond Tanger Outlets Reinforced Concrete Unknown

97 Detention Pond Griffith Ford Earthen Unknown

98 Detention Pond Autoequip Carwash Reinforced Concrete 2002

100 Detention Pond Autoequip Carwash Reinforced Concrete 2002

102 Detention Pond Armed Forces Reserve Center Unknown 2010104 Detention Pond Alzcare Earthen Unknown105 Detention Pond CTMC Unknown Unknown

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107 Detention Pond Stone Creek Earthen 2008110 Detention Pond The Retreat Earthen 2012

119 Detention Pond Hunter Road Self Storage Reinforced Concrete 2003

120 Detention Pond O'Reilly Auto Parts Earthen 2002121 Detention Pond Gillman Honda Earthen 2002125 Detention Pond Centerpoint Industrial Center Earthen 2004127 Detention Pond Daniel's Townhomes Earthen 2003128 Detention Pond Hill Country Church Earthen Unknown129 Detention Pond McCoy's Retail Store Brick Masonry 2003130 Detention Pond Thermal Jet Carwash Earthen 2004131 Detention Pond Blanco River Village Earthen 2005133 Detention Pond Town Center Earthen 2009137 Detention Pond Dakota Ranch Site Earthen/Sand Unknown138 Detention Pond J and R Gymnastics Earthen 2006140 Detention Pond Luby's Earthen Unknown141 Detention Pond Bison Building Materials Earthen 2005145 Detention Pond Van Kleef RV Park Earthen 2002150 Detention Pond A+ Federal Credit Union Earthen Unknown152 Detention Pond Aquarena Plaza Earthen 2009154 Detention Pond Stone Creek Earthen 2008155 Detention Pond Texas Market Tire Earthen 2004156 Detention Pond Education Station Brick Masonry 2003157 Detention Pond San Marcos CISD Trans Facility Earthen 2005158 Detention Pond Franklin Square Earthen 2004159 Detention Pond Texas Tire Market Earthen 2004160 Detention Pond H & H Industrial Earthen 2004162 Detention Pond B & J Pharmacy Brick Masonry 2009163 Detention Pond Calvary Baptist Church Earthen 2005

164 Detention Pond Tuttle Lumber Company Reinforced Concrete 2004

166 Detention Pond Walmart Earthen Unknown41 Detention Pond Saddlebrook Unknown Unknown42 Detention Pond Saddlebrook Unknown Unknown2 Detention Pond Aspen Heights II Earthen 20123 Detention Pond Greenpointe Earthen 2002

4 Detention Pond Lindsey Street Apartments Reinforced Concrete 2000

6 Detention Pond Blanco Riverwalk Earthen 20087 Detention Pond B & J Pharmacy Other 20099 Detention Pond Centerpoint Court Earthen 2007

10 Detention Pond Willow Creek Earthen 200312 Detention Pond San Marcos II Earthen Unknown

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13 Detention Pond Willow Springs Senior Center Earthen 200414 Detention Pond Stagecoach Professional Center Earthen 200016 Detention Pond Rober Madden Industries Earthen 201217 Detention Pond Brake Check Earthen Unknown19 Detention Pond B & J Pharmacy Other 200921 Detention Pond Chuck Nash Car Dealership Earthen 200222 Detention Pond Cimarron Estates Earthen 199623 Detention Pond Stagecoach Professional Center Earthen 200025 Detention Pond Clovis Barker Rd Ind Park Earthen 200826 Detention Pond San Marcos Toyota Site Unknown Unknown28 Detention Pond Access Storage Facility Unknown 200029 Detention Pond Chapman Motor Site Unknown Unknown30 Detention Pond Jiffy Lube Site Unknown Unknown31 Detention Pond Hampton Woods Site Unknown Unknown32 Detention Pond Mystic River Site Unknown Unknown34 Detention Pond Carpet Master Warehouse Unknown 200435 Detention Pond Wallis Business Park Unknown 200236 Detention Pond 35 Oaks Center Unknown Unknown37 Detention Pond Stone Creek Earthen 200838 Detention Pond Stone Creek Earthen 200843 Detention Pond Saddlebrook Unknown Unknown

167 Detention Pond Copper Beech Earthen 2010168 Detention Pond Stone Creek Earthen 2008170 Detention Pond Fuschak's Earthen Unknown

171 Detention Pond Seventh Day Adventist Church Parking Earthen 2005

172 Detention Pond Vision Park Earthen 2005176 Detention Pond Blanco Riverwalk Earthen 200811 Detention Pond Cimarron Estates Earthen 1996

123 Detention Pond Retreat at Willow Creek Ph 1 Earthen 20131 Detention Pond Aspen Heights II Earthen Unknown

641 Detention Pond 221 McCarty Unknown 20148 Detention Pond 1705 S IH 35 Earthen Unknown

18 Detention Pond 4210 S IH 35 Earthen Unknown24 Detention Pond 5650 S IH 35 Earthen Unknown67 Detention Pond Cottonwood (Sam's) Earthen Unknown

101 Detention Pond Cottonwood (Sam’s') Earthen Unknown

103 Detention Pond 1011 Wonder World Dr. Reinforced Concrete Unknown

106 Detention Pond Cottonwood (Sam's) Earthen Unknown108 Detention Pond River Road (Walmart) Earthen Unknown109 Detention Pond 2617 S IH 35 Earthen Unknown111 Detention Pond Cottonwood (Sam's) Earthen Unknown

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114 Detention Pond 1050 McKinley Place Earthen Unknown115 Detention Pond 4501 Hwy 123 Earthen Unknown116 Detention Pond 1900 Medical Pkwy Earthen Unknown

118 Detention Pond 1504 Aquarena Springs Dr. Reinforced Concrete Unknown

124 Detention Pond 430 Stagecoach Earthen Unknown132 Detention Pond 1053 Clovis Barker Unknown Unknown134 Detention Pond 301 Telluride Earthen Unknown135 Detention Pond 301 Telluride Earthen Unknown136 Detention Pond 1701 Mill Earthen Unknown139 Detention Pond 301 Telluride Unknown Unknown142 Detention Pond 1351 Sadler Earthen Unknown144 Detention Pond 1050 McKinley Place Earthen Unknown147 Detention Pond 500 Parker Dr. Earthen Unknown153 Detention Pond 301 Telluride Earthen Unknown161 Detention Pond 4200 S IH 35 Earthen Unknown174 Detention Pond 2410 Hunter Rd. Earthen Unknown961 Detention Pond 1354 Thorpe Ln Unknown Unknown962 Detention Pond 1354 Thorpe Ln Unknown Unknown

1601 Detention Pond 1920 Redwood Rd Unknown Unknown

149 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

179 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

177 Detention Pond Wonder World Extension Unknown Unknown

180 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

178 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

112 Detention Pond SWT Student Housing Mill St. Aquarena Earthen 2001

5 Detention Pond SWT - American Campus on Woods

Reinforced Concrete 2003

40 Detention Pond TSU Research Center Earthen 2012

89 Detention Pond SWT Student Housing on Academy Earthen 2001

321 Detention Pond The Gulch Earthen Unknown134 Detention Pond 301 Telluride Earthen Unknown135 Detention Pond 301 Telluride Earthen Unknown136 Detention Pond 1701 Mill Earthen Unknown139 Detention Pond 301 Telluride Unknown Unknown142 Detention Pond 1351 Sadler Earthen Unknown144 Detention Pond 1050 McKinley Place Earthen Unknown147 Detention Pond 500 Parker Dr. Earthen Unknown

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153 Detention Pond 301 Telluride Earthen Unknown161 Detention Pond 4200 S IH 35 Earthen Unknown174 Detention Pond 2410 Hunter Rd. Earthen Unknown961 Detention Pond 1354 Thorpe Ln Unknown Unknown962 Detention Pond 1354 Thorpe Ln Unknown Unknown

1601 Detention Pond 1920 Redwood Rd Unknown Unknown

149 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

179 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

177 Detention Pond Wonder World Extension Unknown Unknown

180 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

178 Detention Pond Wonder World Extension Earthen/Sand Filter Unknown

112 Detention Pond SWT Student Housing Mill St. Aquarena Earthen 2001

5 Detention Pond SWT - American Campus on Woods

Reinforced Concrete 2003

40 Detention Pond TSU Research Center Earthen 2012

89 Detention Pond SWT Student Housing on Academy Earthen 2001

321 Detention Pond The Gulch Earthen Unknown

Existing Non-Structural Management MeasuresNon-structural management practices currently utilized in the watershed mitigate land-based pollutants and are summarized below in . Pleases note that most City of San Marcos regulations are more stringent and go beyond TCEQ requirements.

Table 5. Existing non-structural management practices

Management PracticeTexas State University

City of San Marcos

Hays County

Private

Subdivision and Development Regulations X X

Storm Water Plan for NPDES Permit/MS4 SWMP (TCEQ Permit #TXR040485)

X X X X

Public Education and Outreach X X X

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Management PracticeTexas State University

City of San Marcos

Hays County

Private

Stormwater, Construction and other water quality protection Best Practices and Technical Manuals

X X X

Integrated Pest Management and Fertilizer Use X X

Recycling and compost programs X X

Water Efficient Landscaping X X X X

Golf Course Management X

Regulation of Industrial Activities X X X X

Waste Reduction, Recycling, and Disposal X X X

Spill Control and Response X X X

Coal Tar Sealant Ban X

Incentives Programs: Reuse and Efficiency X

Restoration and management of natural areas and parkland for water quality protection

X X X

Watershed Restoration, Rehabilitation and Maintenance (as per HCP)

X X X

Inspection and Rehabilitation of On-Site Wastewater Treatment Systems

X

Detecting and Eliminating of Illicit Connections to Stormwater System

X

Prevention of Illegal Dumping X X X

OSSF Rules X X

Tree Care Plan and ordinances X X

Partner Activities and InitiativesIn recent years, several studies and research efforts like the San Marcos Observation System and the Spring Lake Watershed Characterization have resulted in data and information useful to watershed protection planning. Currently there are many overlapping initiatives in the watershed – to reduce flooding, minimize pollution, plan for future development and protect water quality for endangered species (Table 6). Under the umbrella of this WPP, partners have

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shared data, outcomes and lessons learned. Current and future efforts to protect water quality and minimize nonpoint source pollution are coordinated through and captured to the extent possible in this WPP. Specifically, the watershed protection planning process encompassed efforts, recommendations and outcomes of the Water Quality Protection Plan, City and University comprehensive master planning processes, the City’s Watershed Master Plan and land development code rewrite process (Code SMTX). Although they are separate programs, goals, materials, messaging and milestones were harmonized with City and University Municipal Separate Storm Sewer System (MS4) Programs.

Table 6. Watershed protection and related efforts incorporated in WPP

Program 2010

2011 2012 2013 2014 2105 2106 2017 Notes

San Marcos Observing System The Meadows Center for Water and the Environment (MCWE) study, data reporting system

Spring Lake Underwater Archaeology Program

MCWE, ongoing

Spring Lake Watershed Characterization

MCWE nonpoint source pollution analysis, initiation of stakeholder process

San Marcos Watershed Initiative

Watershed Protection Plan development

Edwards Aquifer Habitat Conservation Plan

Regional partnership to protect endangered species’ habitat, water quantity and water quality

Sessom Creek Sand Bar Removal Study

Component of HCP, review of sediment removal options

San Marcos Water Quality Protection Plan

Component of HCP, plan to protect water quality for endangered species

San Marcos Comprehensive Plan

Revision of Comprehensive Plan

San Marcos Land Development Code Rewrite, Code SMTX

The Comprehensive Plan called for updated LDCs, including environmental regulations

San Marcos Drainage Master Plan/Comprehensive Watershed Master Plan

Plan to address erosion, flooding and watershed management

Texas Pollution Elimination Discharge System, Texas State University and San Marcos

Creation of MS4 regulatory program, efforts ongoing

Texas State University Revisions to Construction Standards

Revision of construction standards

Texas State University Stormwater Master Plan

Stormwater planning to minimize flooding and erosion

Texas State University Master University review and update of

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Plan 2006-2105 Campus Master Plan

I. Habitat Conservation Plan The City of San Marcos participates in the Edwards Aquifer Habitat Conservation Plan (HCP), a cooperative effort between the Edwards Aquifer Authority, City of San Marcos, City of New Braunfels, San Antonio Water System, Guadalupe Blanco River Authority (GBRA), Texas State University, Texas Parks and Wildlife Department (TPWD) and the United States Fish and Wildlife Service (USFWS). The HCP is intended to provide assurance that suitable habitat for endangered species will remain in both the San Marcos and Comal Springs. All projects outlined in the HCP are designed to provide overall benefit to the springs systems and the species that inhabit those springs through the three major project categories:

Habitat protection measures Flow protection measures Supporting measures

HCP activities in the Upper San Marcos Watershed include mitigation and restoration efforts to preserve habitat quality (flow and water quality) for the listed species and include bank stabilization, construction of river access areas, planting riparian vegetation, native trees and shrubs along the river, and the removal of invasive species (EAA, 2016; City of San Marcos, 2013). Information about the HCP is available at http://www.eahcp.org.

II. Water Quality Protection PlanThe Water Quality Protection Plan (WQPP) was developed for the San Marcos area to meet the requirements of the HCP (Section 5.7.6) as approved by the USFWS). The area addressed by the WQPP includes the jurisdictional areas of the City of San Marcos (COSM) and Texas State University that drain to critical habitat from surface or ground water sources, as shown in Figure 7 below.

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Figure 7. Scope of WQPP and designated zones (RPS and John Gleason LLC)

The primary goal of the WQPP is to reduce the water quality impacts of stormwater runoff from impervious cover, otherwise known as nonpoint source pollution. The WQPP team coordinated its recommendations with the Upper San Marcos River Watershed Protection Plan (WPP), COSM Municipal Separate Storm Sewer System (MS4) Program, the COSM Comprehensive Watershed Master Plan and the COSM Comprehensive Plan. The WQPP recommends three primary approaches to improving water quality which include stormwater retrofits as well as programmatic and regulatory enhancements:

1. Stormwater retrofits are used to treat runoff from existing impervious cover and can consist of stormwater basins, vegetated filter strips, pervious pavement, rain gardens, rainwater harvesting, conservation landscaping and other measures. The WQPP identified 98 retrofit sites, then developed and prioritized conceptual designs for 21 sites.

2. Program Opportunities (aligned with WPP BMPs):

Design Criteria: Adopt design criteria that provide detailed design guidelines for stormwater treatment measures intended to meet the Land Development Code (LDC) standards.

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Reuse Stormwater for Landscape Irrigation: Reduce landscape irrigation with potable water by implementing water conservation practices and stormwater capture and reuse.

Natural Area Conservation: Acquire land and establishing conservation easements to provide water quality and supply benefits in perpetuity.

Transferable Development Rights: Direct high intensity development either outside the Planning Region or into preferred growth areas as guided by the LDC.

Public Education and Outreach: Expand efforts to increase the public’s understanding of their overall water quality impacts and what can be done to reduce them.

Turf Management: Develop a Turfgrass Management System Plan to minimize the potential water quality impact due to fertilizer and pesticide runoff.

3. Recommended regulations that apply in the Edwards Aquifer recharge, contributing and transition zones, as well as the river zone. The WQPP recommends the following stormwater management measures:

Reduce stormwater runoff pollutant loads; Minimize creek erosion to enhance habitat and recharge; Maintain or increase rates of infiltration for projects in the recharge zone Reduce potable water use for landscape irrigation

III. Municipal Separate Storm Sewer System (MS4) Due to 2010 census results, the City of San Marcos and University are required to have a TCEQ Municipal Separate Storm Sewer (MS4) permit, which is part of the City’s and University’s Storm Water Management Plan. The overall goal of the MS4 Permit is to improve the quality of water that flows into receiving waters and protect the river and its tributaries from pollution. This permit allows training, inspections, and public awareness about the dangers of runoff pollution. Components of the City’s MS4 permit include: • Public education, outreach, and involvement• Illicit discharge detection and elimination• Construction site stormwater runoff control• Post-construction stormwater management in new development and redevelopment• Pollution prevention and good housekeeping for municipal operations

The University’s Stormwater Management Program (and part of the MS4 permit) is a campus-wide initiative to improve the quality of stormwater and is managed by the Environmental Health, Safety & Risk Management office. The storm sewer system is maintained by the Utilities Operations department. Through this effort, the University has launched a robust education

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and outreach program which includes Stormwater 101 outreach messaging, educational materials, storm drain covers and public events. A Stormwater campaign Facebook page also provides information and resources (https://www.facebook.com/WGHFHCampaign). The Stormwater Management Program includes five Minimum Control Measures (MCMs):

MCM-1: Public Education, Outreach and InvolvementMCM-2: Illicit Discharge, Detection and EliminationMCM-3: Construction Site Stormwater Runoff ControlMCM-4: Post-Construction Stormwater Management in New Development and RedevelopmentMCM-5: Pollution Prevention/Good Housekeeping for Municipal Operations

The City’s Stormwater Management Plan can be found at: http://www.ci.san-marcos.tx.us/modules/showdocument.aspx?documentid=10650 and Texas State University’s Stormwater Management Policies and Procedures and related resources are listed at: http://www.txstate.edu/stormwater/.

Challenge SMTX is an anti-litter campaign designed in conjunction with MS4 activities to prevent trash from washing into the San Marcos River. The City of San Marcos, in partnership with Texas State University, launched the campaign to encourage people to pick up one piece of litter each day and either recycle or properly dispose of it (http://www.ci.san-marcos.tx.us/index.aspx?page=1192).

IV. City of San Marcos ActivitiesComprehensive Watershed Master Plan: The City of San Marcos Comprehensive Watershed Master Plan will assess creek and river flooding issues, localized drainage problems, creek and river erosion issues, and incorporate water quality protection measures in the development of a 20-year Drainage enhancement/expansion Capital Improvements Program. This effort will also evaluate funding options, consider regional stormwater management program fee-in-lieu opportunities, and provide regulatory input into the ongoing Land Development Code revision process. The plan works in concert with the Guadalupe Blanco River Authority (GBRA) basin-wide floodplain study and the preparation of mitigation alternatives.

COSM Comprehensive Plan: Vision San Marcos: A River Runs Through Us, a Comprehensive Master Plan, was adopted by the City of San Marcos City Council on April 16, 2013 following over a year of public outreach and involvement. The Plan directs anticipated growth over the

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next 30 years towards areas determined most suitable for development based on analysis of existing land uses, available infrastructure, environmental factors and significant public input. The Plan has specific measurable objectives for Economic Development, Environment and Resource Protection, Land Use, Neighborhoods and Housing, Parks, Public Spaces and Facilities, and Transportation. More information is available at: Vision San Marcos: A River Runs Through Us.

V. County ActivitiesHays County lends support to two other WPPs that fall within its boundaries and has implemented several best management practices to protect water quality. The County coordinates with the Hays Trinity Groundwater Conservation District (HTGCD) and the Lower Colorado River Authority (LCRA) on activities ranging from drought planning to water supply management. The County also has a recharge land acquisition program in support of its Habitat Conservation Plan efforts.

VI. Texas State University Activities Using information garnered from their recent stormwater planning, construction standards revisions and other efforts, the University is revisiting and updating its Master Plan. The final plan, expected in 2017 will be a living document resulting taking into account existing and anticipated conditions, desires, programs, and space demands. It quantifies the campus’ ability to accommodate physical expansion and provide a flexible “blueprint” to guide this growth. A ten year forecast identifies projects the University hopes will be funded over the next decade and additional development also will be reported for a longer time horizon. One of the Plan’s themes is “Natural Environment - Accentuate the unique physical characteristics of the campus and celebrate its natural beauty.” It is anticipated that in some capacity, strategies for managing Spring Lake, the portion of the river that flows through campus and surrounding lands will be addressed in the plan.

Laws and Ordinances These laws in City of San Marcos, Hays County, the State of Texas and the Federal Government are related to Water Quality. Please see Addendum 4. for proposed City of San Marcos codes and regulation updates.

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Table 7. Laws and ordinances in effect in the Upper San Marcos watershed

Type of Regulation City of San Marcos, TX Ordinances

Greywater Regulations

San Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 86 - UTILITIES >> ARTICLE 3. - SEWERS >> DIVISION 5. GRAYWATER SYSTEMS

Sec. 86.166. - General requirements

Greywater is defined as wastewater from:Showers;Bathtubs;Hand washing lavatories;Sinks not used for disposal of hazardous or toxic ingredients;Sinks not used for food preparation or disposal; andClothes-washing machines.Greywater does not include wastewater from the washing of material, including diapers, soiled with human excreta or wastewater that has come into contact with toilet waste.Builders of private residences:Are encouraged to install dedicated greywater plumbing in new residences in a manner that provides the capacity to collect greywater from all allowable sources; andAre encouraged to design and install a subsurface greywater system around the foundation of new housing to minimize foundation movement or cracking.Design, construction, and operation of a greywater system, including storage and disposal systems, must comply with 30 TAC §210 Subchapter F, this division and requirements of the City's adopted plumbing code.All greywater systems must be reviewed and approved by the chief building official, and permitted through the city's permit center prior to installation.(Ord. No. 2010-39, § 1, 8-3-10)

Sec. 86.167. - Residential use of greywater

A residential greywater system may only be used:Around the foundation of new housing to minimize foundation movement or cracking;For gardening;For composting; orFor landscaping at the private residence.The greywater system must not create a nuisance or damage the quality of surface water or groundwater.Residential use of greywater must comply with the following:Greywater usage is limited to less than 400 gallons each day;The greywater originates from the private residence on which it is being used;The greywater system is designed to ensure that 100 percent of the greywater will be diverted to the City of San Marcos wastewater collection system or an approved on-site sewage facility (OSSF) during periods of non-use of the greywater system and the discharge from the greywater system must enter the wastewater collection system through an approved backflow prevention device;The greywater is stored in tanks and the tanks:Are clearly labeled as non-potable water;

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Must restrict access, especially to children;Eliminate habitat for mosquitoes and other vectors;Are readily accessible for cleaning and maintenance and are able to be cleaned;Meet the structural requirements of 30 TAC § 210.25(i) (relating to Special Design Criteria for Reclaimed Water Systems); andHave a lint trap installed inline prior to the tank.The greywater system uses piping that meets the piping requirement of 30 TAC §210.25;The greywater is applied at a rate that:Will not result in ponding or pooling; orWill not cause runoff across the property lines or onto any paved surface; andThe greywater is not disposed of using a spray distribution system.The installer of the greywater system must advise the owner of basic operating and maintenance procedures including any effects it may have on an OSSF system if the residence is so equipped.Homeowners who have been disposing wastewater from residential clothes-washing machines, otherwise known as laundry greywater, directly onto the ground prior to January 6, 2005, may continue disposing under the following conditions:The disposal area must not create a public health nuisance.Surface ponding must not occur in the disposal area.The disposal area must support plant growth orBe sodded with vegetative cover.The disposal area must have limited access and use by residents and pets.Laundry greywater that has been in contact with human or animal waste must not be disposed onto the ground surface. Laundry greywater must not be disposed to an area where the soil is wet.A lint trap must be affixed to the end of the discharge line.(Ord. No. 2010-39, § 1, 8-3-10)

Sec. 86.168. - Industrial, commercial, or institutional use of greywater

Greywater systems used for industrial, commercial, or institutional purposes must be designed to ensure that 100 per cent of the greywater will be diverted to the City of San Marcos wastewater collection system or an approved on-site sewage facility during periods of non-use of the greywater system. The discharge from the greywater system must enter the wastewater collection system through an approved backflow prevention device. AAll greywater systems used for process water must be reviewed, approved and permitted by the city prior to installation.An industrial, commercial, or institutional greywater system may only be used for the following activities:Process water. Greywater used for industrial, commercial, or institutional purposes must be treated to a standard that allows the greywater to be used in operational processes.Landscape maintenance. If greywater is used for landscape maintenance, the greywater must meet the following standardsIf the greywater will be applied in areas where the public may come into contact with the greywater, the greywater must meet the following standards:

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Fecal coliform, 20 colony forming units (CFU)/100 milliliters (ml), geometric mean; orFecal coliform (not to exceed), 75 CFU/100 ml, single grab sample.If the greywater will be applied in areas where the public is not present during the time when irrigation activities occur or disposed of for other uses where the public would not come into contact with the greywater, the greywater must meet the following standards:Fecal coliform, 200 CFU/100 ml, geometric mean; orFecal coliform (not to exceed), 800 CFU/100 ml, single grab sample.Dust control. If greywater is used for dust control, the greywater must meet the standards in paragraph (2) b. of this subsection.Toilet flushing. If greywater is used for toilet flushing:The fecal coliform levels must meet the limits in paragraph (2)a. of this subsection; andAll exposed piping and piping carrying greywater within a building must be either purple pipe or painted purple; all buried piping installed after the effective date of these rules must be either manufactured in purple, painted purple, taped with purple metallic tape, or bagged in purple; and all exposed piping must be stenciled in white with a warning reading "NON-POTABLE WATER."Other uses. If greywater is used for other similar activities where the potential for unintentional human exposure may occur, the greywater must meet the fecal coliform limits in paragraph (2)a. of this subsectionGreywater used for industrial, commercial, or institutional purposes must be monitored for fecal coliform at least monthly in areas where the public may come into contact with greywater and the records must be maintained at the site. These records must be readily available for inspection by Texas Commission on Environmental Quality and/or the city for a minimum period of five years.(Ord. No. 2010-39, § 1, 8-3-10)

Sec. 86.169. - Violations

It shall be unlawful for any person or entity to intentionally, knowingly, recklessly discharge greywater in violation of the requirements of this division.In addition to any remedies authorized under section 1.015 of this Code, or any successor provision, the city may seek civil penalties and any other legal or equitable relief for violations of this division available under common law, V.T.C.A., Local Government Code, Ch. 54, or any other applicable city, state or federal code or statute.To the extent allowed by law, the municipal court shall have concurrent jurisdiction over any civil enforcement for violations of this division.Except as otherwise prohibited by applicable laws, the city may suspend or terminate the water service to a customer of the city water system that is in violation of this division.(Ord. No. 2010-39, § 1, 8-3-10)

Environmental Regulations

San Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 5 - ENVIRONMENTAL REGULATIONS >> ARTICLE 2: - DEVELOPMENT RELATED TO THE EDWARDS AQUIFER >> DIVISION 7: Buffer and Protection Zones

Sec. 5.2.7.1 (a) Buffer Zones Established. A buffer zone is established along each minor

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Buffer Zones waterway, intermediate waterway and major waterway in the recharge zone. The buffer zone is 100 feet wide, measured horizontally, along each side of the water quality zone for each minor, intermediate and major waterway.

(b) Impervious Cover Limitation. Impervious cover is limited to ten percent of the area of a site within a buffer zone, unless the area has a slope of 20 percent or more. If an applicant obtains approval for a mitigation plan in accordance with subsection (d), impervious cover within the buffer zone on a site, other than in an area with a slope of 20 percent or more, may be increased to 20 percent. In a portion of a buffer zone that has a slope of 20 percent or more, no impervious cover is allowed unless the applicant obtains approval for a mitigation plan in accordance with subsection (d), in which event impervious cover is limited to ten percent. Development standards near floodways. For development in buffer zones adjacent to a 100-year floodplain that is 50 feet or less in width next to a floodway:(1) The ten percent limit on impervious cover is absolute;(2) All drainage from impervious cover in such areas must be directed away

from the waterway; and (3) A mitigation plan for the drainage, prepared in accordance with

subsection (d) must be submitted for approval.

Sec. 5.2.7.2 Sensitive Feature Protection Zones

(a) Sensitive Feature Protection Zones Established. A sensitive feature protection zone shall be established around each sensitive feature in the recharge zone. Unless an applicant submits an enhanced geologic assessment of a feature, or enhanced topographic information in accordance with subsection (c) of this Section, the area of the zones shall be determined as follows (all measurements are to be made horizontally):

(b) Around a minor recharge feature, the zone shall extend 50 feet around the perimeter of the feature, and an additional 25 feet on the upstream side of the feature.

(c) Around a moderate recharge feature, the zone shall extend 100 feet around the perimeter of the feature, and an additional 50 feet on the upstream side of the feature.

(d) Around a major recharge feature, the zone shall extend 200 feet around the perimeter of the feature, and an additional 100 feet on the upstream side of the feature.

(e) Enhanced Geologic Assessments. If an applicant obtains the Engineering Director's approval of an enhanced geologic assessment, the area of the sensitive feature protection zone for a feature shall be the area identified by the assessment as contributing significantly to recharge through the feature.

(f) Enhanced topographic information. If an applicant submits enhanced topographic information for a site, with contour intervals of two feet or less, the sensitive feature protection zone shall be the area within the following distance of a sensitive feature that is identified on the enhanced topographic survey as draining towards the feature:

(1) For a minor recharge feature, 75 feet. (2) For a moderate recharge feature, 150 feet. (3) For a major recharge feature, 300 feet.(4) Impervious cover limitations. No development or impervious cover

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is allowed within a sensitive feature protection zone, except for the following:

(5) Fences that do not obstruct surface water flows.(6) Trails and other facilities, other than buildings, for walking, running,

or non-motorized bikingOFF- STREET PARKING LOT CONSTRUCTION

San Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 6 - DEVELOPMENT STANDARDS >> ARTICLE 2: - PARKING >> DIVISION 3: OFF- STREET PARKING LOT CONSTRUCTION >>

Sec 6.2.3.2 Flexible Base for Parking Areas

(a) Generally. For off-street parking lot pavements, flexible base shall consist of a foundation course of composed of crushed stone or other stone materials six inches in depth for the surface course or other base courses, and shall be constructed as specified in this Section in one or more courses in conformity with the typical sections shown on plans or grades established by a geotechnical engineer. It should be noted that concrete parking lots may not require flexible base.

(b) Material. The material shall consist of argillaceous limestone, calcareous or calcareous clay particles, with or without stone, conglomerate, gravel, sand or other granular materials. The material shall be a graded material that has sufficient fine material to bind the base. Pervious cover materials such as Eco-Crete shall also be permitted. The material sources shall be subject to approval by the Engineering Director.

(c) Construction Methods. (d) Immediately before placing the base material, the subgrade shall be checked

as to conformity with grade and section. (e) Materials deposited upon the subgrade shall be spread and shaped the same

day unless otherwise approved by the Engineering Director in writing. If inclement weather or other unforeseen circumstances render impractical the spreading of the material during the first 24-hour period, the material shall be scarified and spread in a manner subject to approval by the Engineering Director. The material will be sprinkled, if directed, and will then be bladed, dragged and shaped to conform to typical sections as shown on the plans. All areas and "nests" of segregated coarse or fine material shall be corrected or removed and replaced with well-graded material, as directed by the Engineering Director. If additional binder is considered desirable or necessary after the material is spread and shaped, it shall be furnished and applied in an amount subject to approval by the Engineering Director. The binder material shall be spread by harrowing, brooming or other approved methods.

(f) When the plans indicate that the ordinary compaction method is to be used, the following applies: The course shall be sprinkled as required and rolled as directed until a uniform compaction is secured. Throughout this entire operation, the shape of the course shall be maintained by blading, and the surface upon completion shall be smooth and in conformity with the typical sections shown on plans and to the established lines and grades. In that area on which pavement is to be placed, any deviation in excess of one-fourth inch in cross section and in a length of 16 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and re-compacting by sprinkling and rolling to avoid ponding of water. All irregularities, depressions or weak spots which develop shall be corrected

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immediately by scarifying the areas affected, adding suitable material as required, reshaping and re-compacting by sprinkling and rolling.

Erosion Regulations

San Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 5 - ENVIRONMENTAL REGULATIONS >> ARTICLE 1: - GENERAL PROVISIONS >> DIVISION 1: GENERAL

Sec. 5.1.1.2 -Erosion Control Standards

(a) Standards for Overland Flow and Natural Drainage:(1) Natural drainage patterns shall be preserved whenever possible.

Drainage objectives can best be accomplished by leaving portions of a subdivision in an underdeveloped and natural state and located to receive runoff from the developed areas for purposes of un-channelized, overland flow.

(2) The loss of the pervious character of the soil shall be limited in order to prevent erosion and attenuate the harm of contaminants collected and transported by stormwater.

(3) Open surface drainage through grass-lined swales shall be utilized if possible.

(4) Drainage swales and other areas used for conveying stormwater runoff from developed areas shall be located to avoid sinkholes, faults and fractures to the greatest extent practicable.

(5) Construction of enclosed storm sewers and impervious channel linings shall be permitted only when the Engineering Director, on the basis of competent engineering evidence, confirms that the storm sewers or impervious linings are the only justifiable option available. These systems shall be designed to mitigate their impact on water quality through the use of approved control strategies to control sediment, neutralize contaminants and dissipate energy by the use of multiple smaller outlets, whenever practical, by locating discharges to maximize overland flow and by any other strategies that will accomplish the objectives defined and discussed in this Article.

(6) Point discharges. Point discharges of runoff shall be dissipated to sheet flow conditions.

(7) Necessary stormwater drainage systems and culverts shall be designed to mitigate the impact of erosion and stormwater runoff on water quality through the use of approved control strategies to control sediment and dissipate energy and through the use of multiple smaller outlets whenever practical and by locating discharges to maximize overland flow.

(8) Detention pond bottoms must be vegetated.(9) Internal rock berm baffles are required in ponds.(10) Where a separate water quality pond is required under this Article or

other applicable regulations, the discharge from the pond must be under a baffle that will trap floating matter in the pond.

(11) Suitable access must be provided for maintenance of ponds and sediment traps.

(b) Compliance with City of Austin Criteria Manuals. Erosion control and restoration measures shall comply with the City of Austin Drainage Criteria

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Manual and the City of Austin Environmental Criteria Manual. (c) Erosion Prevention Techniques. Erosion prevention techniques, as referenced

in the City of San Marcos Technical Manual, City of Austin Drainage Criteria Manual and the City of Austin Environmental Criteria Manual, will be utilized to attain drainage objectives for channelization and overland flow.

Park Regulations San Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 58 - PUBLIC FACILITIES, PARKS AND RECREATION >> ARTICLE 2. PARKS

Sec. 58.034. Glass beverage containers prohibited

(a) It is unlawful for any person to possess any glass beverage container in any city park.

(b) It is unlawful for any person to possess any glass beverage container in or on the waters of the San Marcos River.

Sec. 58.042. Styrofoam products prohibited.

(a) It is unlawful for any person to use, carry, dispose, or possess Styrofoam products in any city park or in or upon the waters of the San Marcos River. Styrofoam products include but are not limited to coolers, ice chests, cups, plates, toys, floats, kickboards, rings or swim gear.

(b) Styrofoam linings used as floatation devices or dock supports are exempt from this section if fully encapsulated by water-based acrylic or latex coating, or fully enclosed within the structural framework of a boat.

Flood Protection Regulations

San Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 39 - FLOOD DAMAGE PREVENTION >> ARTICLE 2. - FLOOD PROTECTION >> DIVISION 1. GENERALLY

Sec. 39.014. Methods of reducing flood losses.

To accomplish its purpose, this article uses the following methods: (1) Restricts or prohibits uses that are dangerous to health, safety or property

due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2) Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage throughout their intended life span;

(3) Controls the alteration of natural floodplains, their protective barriers and stream channels, which help accommodate or channel floodwaters;

(4) Prevents the construction of barriers which will divert floodwaters and subject other lands to greater flood hazards; and

(5) Controls development which would cause greater erosion or potential flood damage such as grading, dredging filling, and excavation.

Buildings and Building Regulations

San Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 14 - BUILDINGS AND BUILDING REGULATIONS >> ARTICLE 6. - PLUMBING CODE >> DIVISION 2. WATER CONSERVATION

Car Washes Sec. 14.121. Car Washes(a) New conveyer car washes must be equipped with a water recycling system.(b) New in-bay automatic car washes must use water recycling systems, ultra-

low-flow spray nozzles or alternative means to achieve fresh water usage of no more than fifty-five (55) gallons per vehicle.

(c) New and existing self-service and mobile car washes must utilize positive shutoff device spray wands with a flow rate of no more than three (3) gallons per minute.

(Ord. No. 2010-48, 9-7-10)

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Decorative water features

Sec. 14.123. Decorative water features.(a) New decorative water features must be equipped with a water recirculating

system.(b) Existing decorative water features must be retrofitted with a water

recirculating system.(Ord. No. 2010-48, 9-7-10)

Dining facilities

Sec. 14.124. Dining facilities.(a) New commercial and institutional garbage disposals must be equipped with

flow restrictors and solenoid shutoff valves.(b) Existing commercial and institutional garbage disposals must be retrofitted

with flow restrictors and solenoid shutoff valves.(c) New commercial and institutional ice machines should be equipped with air-

cooled, instead of water-cooled, condensers. If a water-cooled model is used, the cooling system must be equipped with a water recycling system.

(d) Pre-rinse spray valves must be equipped with positive shutoff devices and must meet the 1.6 gallons per minute performance standard established under Texas Health and Safety Code Section 372.005.

(Ord. No. 2010-48, 9-7-10) On-premises laundry facilities

Sec. 14.125. On-premises laundry facilities.New commercial, industrial and institutional on-premises laundry facilities must be equipped with a water recycling system. (Ord. No. 2010-48, 9-7-10)

Landscape irrigation systems

Sec. 14.126. Landscape irrigation systems.(a) Landscape irrigation rule. The landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapter A, § 344.1, Subchapter C, §§ 344.30—344.38, Subchapter D, §§ 344.40—344.43 and Subchapters E and F, §§ 344.50—344.65, Texas Administrative Code (effective January 1, 2009), as the same may be from time to time amended, are hereby adopted by reference as the landscape installation irrigation rules of the city. (b) P2609 Landscape irrigation. The International Residential Code, 2009 Edition, as adopted by the International Code Council, Inc., in cooperation with the International Conference of Building Officials and with all local amendments as previously adopted by the City of San Marcos is hereby amended to add Section P2609 to Chapter 26, General Plumbing Requirements and to read as follows: (c) Minimum standards for landscape irrigation systems. The landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapter A, § 344.1, Subchapter C, §§ 344.30—344.38, Subchapter D, §§ 344.40—344.43 and Subchapters E and F, §§ 344.50—344.65 Texas Administrative Code (effective January 1, 2009), as the same may be from time to time amended, are hereby adopted by reference as the landscape installation irrigation rules of the city. (d) Valid license required and exemptions.(1) Any person who connects an irrigation system to the water supply within the city or the city's extraterritorial jurisdiction (ETJ), must hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903, Subchapter F of the Texas Occupations Code, or as defined by Title

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22, Chapter 365 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code. (2) A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, § 1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person's home. A home or property owner who installs an irrigation system must meet the standards contained in Title 30, Texas Administrative Code, Chapter 344, Sections: 344.50 (Backflow Prevention Methods), 344.51 (Specific Conditions and Cross-Connection Control), 344.52 (Installation of Backflow Prevention Device), 344.60 (Water Conservation), 344.61 (Minimum Standards for the Design of the Irrigation Plan, except (c)(1) and, 344.62 (Minimum Design and Installation Requirements, except (o). (3) Upon completion of the irrigation system, the home or property owner must prepare and retain an irrigation plan that shows the actual installation of the system. (4) As provided in the Texas Occupations Code § 1903.002 for other exemptions to the licensing requirement.(e) Permit required and exemptions.(1) Any person installing an irrigation system within the territorial limits or extraterritorial jurisdiction of the city is required to obtain a permit from the city. Any plan approved for a permit must be in compliance with the requirements of this chapter. The permit will be issued by the permit center—development services. (2) The permitting requirements do not apply to:(a) An irrigation system that is an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or (b) An irrigation system used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or(c) An irrigation system connected to a groundwater well used by the property owner for domestic use.(f) Backflow prevention methods and devices. All irrigation systems must comply with the adopted City of San Marcos Article 9 - Cross Connection Control And Backflow Prevention Requirements. (g) Water conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation. (h) Design and installation.(1) Irrigation plan design and installation shall meet the minimum standards and rules of the Texas Administrative Code.(2) Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code, shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not on-site, the irrigator shall be responsible for ensuring that a licensed irrigation technician is

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on-site to supervise the installation of the irrigation system. (3) Completion, maintenance, alteration, repair, or service of irrigation systems shall comply with the landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapter A, § 344.1, Subchapter C, §§ 344.30—344.38, Subchapter D, §§ 344.40—344.43 and Subchapters E and F, §§ 344.50—344.65 Texas Administrative Code (effective January 1, 2009), as the same may be from time to time amended. (i) In addition to the requirements under 30 TAC Chapter 344, all new landscape irrigation systems must be designed, installed and operated in accordance with the following requirements: (1) Above-ground emission devices must be attached to lateral lines with flexible pipe or swing joints.(2) Use of shrub risers is prohibited. Surface or subsurface drip irrigation, or low-angle spray heads that direct water to the base of the plant may be used in lieu of shrub risers. (3) Irrigation controllers must be capable of providing multiple irrigation programs, with at least three (3) start times per program. (4) Irrigation controllers must be capable of limiting irrigation frequency to once every seven (7) days and once every fourteen (14) days as per drought restrictions. (5) Irrigation controllers must have a water budgeting feature.(6) Landscape irrigation systems must have a master valve.(7) Zone valves must be equipped with an adjustable flow control.(8) Zone valves must be enclosed in an accessible valve box.(9) Check valves are required where elevation differences may result in low-head drainage. Check valves may be located at the sprinkler head(s) or on the lateral line. (j) All new ICI and multi-family residential landscape irrigation systems must also be designed, installed and operated in accordance with the following requirements: (1) A separate metered water service must be utilized for the landscape irrigation system.(2) Landscape irrigation systems must be equipped with a flow sensor that will automatically shut down the irrigation system during excessive water flows. (3) Landscape irrigation systems must be equipped with a freeze sensor that will automatically shut down the irrigation system when ambient temperatures fall below 32 degrees F. (4) An irrigation system evaluation must be conducted at least once per year, and the results of the evaluation shall be provided to the director. (k) All existing landscape irrigation systems must be retrofitted with a rain shutoff device or soil moisture shutoff device.(l) Existing ICI and multi-family residential landscape irrigation systems must have an irrigation system evaluation conducted at least once per year, and the results of the evaluation shall be provided to the director. (m) Reclaimed water. Reclaimed water may be utilized in landscape irrigation systems if:(1) There is no direct contact with edible crops, unless the crop is pasteurized before consumption;

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(2) The irrigation system does not spray water across property lines that do not belong to the irrigation system's owner;(3) The irrigation system is installed using purple components;(4) The domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with Title 30, Texas Administrative Code, Section 290.47(i) (relating to Appendices); (5) A minimum of an eight-inch by eight-inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER — DO NOT DRINK" and "AGUA DE RECUPERACION — NO BEBER"; and (6) Backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the city's water provider.(n) Items not covered by this article. Any item not covered by this article and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, City of San Marcos Plumbing Code and any other applicable state statute or Texas Commission on Environmental Quality rule. (o) Enforcement.(1) The city shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of this code, or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any knowing violation of the elements of this [article] as codified in the San Marcos Code is declared to be a nuisance. (2) The city water purveyor can suspend utility service for any violation of this article.(3) Any person who knowingly violates any provision of this section shall, upon conviction, be fined a sum as provided in chapter 1, subsection 1.015(a) of the San Marcos Code. (4) An offense under this section is a Class C misdemeanor.(5) Nothing in this section shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this section, or any other building code violation, and to seek remedies as allowed by law, including, but not limited to the following: a. Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and b. Other available relief.(6) Whenever a corporation or association violates any provision of this section, the president, vice-president, secretary, treasurer, manager or any agent or employee of the corporation or association who is responsible for the violation shall be subject to the penalty prescribed for the violation. (p) Fees. The city council, by separate ordinance, may create a schedule of fees for obtaining and renewing an irrigation permit. These fees will be in amounts sufficient to cover the city's costs in issuing and renewing the permits, including, but not limited to, staff time and other costs. (Ord. No. 2010-48, 9-7-10)

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Table 8.

Impervious Cover and Drain age Regulations

San Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 7 - PUBLIC FACILITIES STANDARDS >> ARTICLE 5: - DRAINAGE >> DIVISION 1: STORM WATER COLLECTION AND DRAINAGE CONVEYANCE SYSTEMS

Impervious Cover Limitations

Section 7.5.1.4 Impervious Cover Limitations(a) No person shall develop land, a tract, a parcel or a lot, requiring compliance

with this Article, in the City that has a slope of 15 percent gradient or greater or that has highly erodible soils, as identified in this Section, so as to create impervious cover in excess of 35 percent on slopes from 15 percent gradient to 25 percent gradient or in excess of 20 percent on slopes over 25 percent gradient. The maximum impervious cover percentage requirement shall only apply to those areas on a parcel of land that are not covered with impervious cover as of May 6, 1982. The impervious cover requirement will pertain to all area within the development which is shown to be on 15 percent slope or greater by topographical survey performed by a registered surveyor. Those areas within the development that are not on slopes of 15 percent or greater may be developed to the maximum allowed under applicable laws.

(b) Slope contours will be based on existing topography prior to the initiation of grading or fill work at the site.

Table 9.

Velocity Attenuation and Surface Drainage Channels

Section 7.5.1.2 Velocity Attenuation and Surface Drainage Channelsa.

Drainage Channels

(a) Drainage Channels Generally. All drainage channels to be constructed or to be altered for drainage purposes shall conform to the criteria of this Article.

(b) Surface Drainage Channels. Surface drainage channels shall be designed to minimize potential erosion and to increase the bottom width to flow depth ratio as follows: Channel cross sections shall be trapezoidal in configuration. (1) Side slopes of channels shall be no steeper than four horizontal to one

vertical.(2) For a six-month design storm assuming wet antecedent conditions,

channel bottom flow depth shall not exceed four inches and design flow velocity shall not exceed 2½ feet per second.

(3) All constructed and altered drainage channels shall be stabilized and vegetated as soon as practicable after final grading.

(4) The Director of Engineering may allow exceptions to the design flow velocities or depths in the following situations in conformance with the purpose of Section 5.3.2.5 b. On lands with greater than 15 percent slope, provided that the design

flow velocity shall never be greater than three feet per second. In limited transitional channel sections (including culverts, culvert entries and exits, drop sections, sharp bends and water quality basin entries).

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Well Regulations San Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 7 - PUBLIC FACILITIES STANDARDS >> ARTICLE 2: - WATER >> DIVISION 1: FACILITIES

Individual Wells

Section 7.2.1.3 Individual Wells(a) Within the City Limits. The provision of water supply to a new development

served by individual wells within the City limits is prohibited. (b) Within the ETJ. Individual wells within the ETJ shall be subject to approval by

the county health official, and this approval shall be documented by the health official's signature on the water system statement on the plat. The developer must submit with the plat application a certificate from a professional engineer registered in this state or a geoscientist licensed to practice in this state verifying the adequacy of the proposed source of well supply prior to plat approval.

(c) Compliance with Other Regulations. Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable State rules and regulations, and applicable regulations of groundwater conservation districts. In the event of conflict among these regulations, whichever is the most stringent shall apply.

(Ord. No. 2006-45, § 60, 9-19-06) Habitat/Wildlife Conservation Regulations

San Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 58 - PUBLIC FACILITIES, PARKS AND RECREATION >> ARTICLE 3. WATER ACTIVITIES

Using public waters of Spring

Sec. 58.067. Using public waters of Spring Lake.(a) The public waters of Spring Lake are designated as restricted to the following

uses:(1) Sightseeing and excursion boats operated by a person owning or

controlling property bordering upon Spring Lake; and(2) Archaeological and scientific projects authorized by a person owning or

controlling property bordering upon Spring Lake.(b) It is unlawful for a person to enter or remain within or upon the public waters

of Spring Lake for a use or purpose other than those authorized in subsection (a) of this section.

(Code 1970, § 16-3; Ord. No. 1995-15, § 1 (16-1), 2-13-95; Ord. No. 2008-14, § 1, 4-15-08)

Possessing of or shooting spear guns in San Marcos River

Sec. 58.068. Possessing of or shooting spear guns in San Marcos River; permit required.(a) In this section, the term "spear gun" means any type of device used for

propelling a spear, gig or any other type of hand held spear or projectile through water as a means of shooting or taking fish.

(b) It is unlawful for any person to possess or shoot a spear gun while in or upon the San Marcos River without a program permit issued by the department.

(Code 1970, § 16-9; Ord. No. 1995-15, § 1 (16-5), 2-13-95; Ord. No. 2008-14, § 1, 4-15-08; Ord. No. 2012-17, § 1, 5-1-12)

Types of laws and regulations

Hays county Regulations

Water and Waste Water

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CHAPTER 715 - WATER AND WASTEWATER AVAILABILITY

contents of Chapter 715Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Approval Required §1.04. Water System Classifications and Requirements §1.05. Compliance with Regulations Constitutes No Warranty by County,Sub - Chapter 2 - Administrative Procedures: §2.01. Water and Wastewater Service Plan Required §2.02. Preparation of Water and Wastewater Service Plan §2.03. Contents of Water and Wastewater Service Plan §2.04. Availability Demonstrations Using Multiple MethodsSub - Chapter 3 - Water Availability: §3.01. Applicability §3.02. Items Common to All Water Availability Demonstrations §3.03. Notification for All Developments Utilizing Local Groundwater §3.04. Procedures for Department Coordination with the Applicable Groundwater Conservation District §3.05. Water Availability Demonstrations Using Individual Private Water Wells Producing Local Groundwater §3.06. Additional Requirements for Subdivisions Served by Individual Water Wells Producing Local Groundwater in Priority Groundwater Management Areas §3.07. Water Availability Demonstrations Utilizing a new TCEQ public water supply system §3.09. Water Availability Demonstrations Utilizing Rainwater HarvestingSub - Chapter 4 - Wastewater Service Availability: §4.01. Development §4.02. Items Common to All Wastewater Availability Demonstrations §4.03. Wastewater Availability Demonstrations Utilizing a new TCEQ – permitted wastewater system §4.04. Wastewater Availability Demonstrations Utilizing an existing TCEQ – permitted wastewater system §4.05. Developments to be served by On - Site Sewage Facilities:Source: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

CHAPTER 725 - STORM WATER MANAGEMENT STANDARDS

Contents of Chapter 725Sub - Chapter 1 – Applicability: §1.01. Applicability§1.02. Legal Authority§1.03. Approval Required Sub - Chapter 2 - Public Facilities: §2.01. Dedication to Public§2.02. Publicly Maintained and Dedicated Facilities§2.03. Construction of Public Storm Water Management Facilities Sub – Chapter 3 - Design Criteria: §3.01. Design of Storm Water Management Facilities§3.02. Control of Runoff Rate and Volume

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§3.03. Sizing of Storm Water Management Facilities§3.04. Conveyance of 100 - Year Storm Frequency Flows§3.05. Maximum Headwater Elevation for Roadway Crossings§3.06. Public Safety Considerations§3.07. Identification of Special Flood Hazard Areas§3.08. Completion of Drainage System Prior to Acceptance of Road way Maintenance Sub – Chapter 4 – Areas Subject to Local Water Quality Requirements: §4.01. Compliance Required Developments§4.02. Incorporation by Reference§4.03. Notice of the Storm Water Quality Requirements of Other JurisdictionsSource: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

CHAPTER 735 - FLOOD DAMAGE PREVENTION

Contents of Chapter 735Sub - Chapter 1 – Applicability: §1.01. General Requirements§1.02. Legal Authority§1.03. Findings of Fact§1.04. Statement of Purpose§1.05. Approval Required Prior to Development§1.06. Methods of Reducing Flood Losses Sub - Chapter 2 - Definitions Specific to This Chapter: Sub - Chapter 3 - General Provisions: §3.01. Lands to Which This Chapter Applies§3.02. Basis for Establishing the Areas of Special Flood Hazard§3.03. Establishment of Development Permit System§3.04. Compliance, §3.05. Abrogation and Greater Restrictions§3.06. Interpretation§3.07. Warning and Disclaimer of Liability §3.08. Establishment of Fees Sub - Chapter 4 – Administration: §4.01. Designation of the Floodplain Administrator§4.02. Duties and Responsibilities of the Floodplain Administrator§4.03. Classification of Flood Hazard Area Permits§4.04. Permit Procedures§4.05. Expiration of Flood Hazard Area Permits§4.06. Variance Procedures Sub - Chapter 5 - Provisions for Flood Hazard Reduction: §5.01. General Standards§5.02. Specific Standards§5.03. Standards for Subdivision Proposals§5.04. Standards for Areas of Shallow Flooding (AO/AH Zones)§5.05. Floodways§5.06. Critical Facilities§5.06. Severability§5.07. Penalties for Non – Compliance§5.08. ENFORCEMENT BY POLITICAL SUBDIVISION:

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Source: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

Construction

CHAPTER 721 - ROADWAY STANDARDS

Contents of Chapter 721Sub - Chapter 1 – Applicability: §1.01. Applicability§1.02. Legal Authority§1.03. Approval Required Sub - Chapter 2 - Roadway Classifications: §2.01. Basis for Classification§2.02. Country Lane§2.03. Local Roadway§2.04. Urbanized Local Roadway§2.05. Minor Collector§2.06. Major Collector§2.07. Minor Arterial§2.08. Major Arterial Sub - Chapter 3 - Public Roadways: §3.01. Dedication to Public§3.02. Publicly Maintained and Dedicated Roadways§3.03. Construction of Public Roadways§3.04. Connections to Public Roadways under the Jurisdiction of Other Entities Sub – Chapter 4 - Private Roadways: §4.01. General Requirements for Private Roadways§4.02. Criteria for Determining Private Roadway Status§4.03. General Requirements for Maintenance of Private Roadways§4.04. Additional Requirements for Private Roadways to be Maintained by an Association Sub - Chapter 5 - Standards for Regulated Roadways: §5.01. Applicability§5.02. Design Requirements§5.03. Minimum Rights of Way and Building Setbacks§5.04. Design and Construction Standards§5.05. Access to Regulated Roadways§5.06. Commercial Driveways§5.07. Shared Access Driveways§5.08. Coordination with “911” Addressing System§5.09. Speed Limits for Regulated Roadways§5.10. Construction Quality Assurance for Regulated RoadwaysSource: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

CHAPTER 731 - CONSTRUCTION AND ACCEPTANCE OF

Contents of Chapter 731Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Approval Required §1.04. Submittal Requirements for Public Infrastructure

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MAINTENANCE FOR PUBLIC INFRASTRUCTURE

Sub - Chapter 2 – Construction: §2.01. Approval Required Prior to Construction §2.02. Interim Authorization for Construction §2.03. Construction Occurring After Issuance of Development Authorization §2.04. Installation of Public Infrastructure Under Public Roadways §2.05. Temporary Construction Erosion Controls §2.06. Development Authorizations within approved Subdivisions §2.07. Construction Changes §2.08. Interim Inspections §2.09. Final Inspection §2.10. As - built Submittals §2.11. Release of Performance Assurance Sub - Chapter 3 - Acceptance of Public Infrastructure for Maintenance: §3.01. Owner’s Maintenance Responsibility §3.02. County Acceptance of Maintenance §3.03. Release of Maintenance Assurance Sub - Chapter 4 - Financial Assurance: §4.01. County as BeneficiarySource: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

CHAPTER 765 - CONSERVATION DEVELOPMENT

Contents of Chapter 765Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Designation of Conservation Development Not Required §1.04. Approval Required Prior to Construction §1.05. Purpose and Intent §1.06. Applicability of Other Chapters Sub - Chapter 2 - Definitions Specific to This Chapter: Sub - Chapter 3 - Application Procedures: §3.01. General Requirements and Application Procedures §3.02. Fees Applications for Conservation Developments §3.03. Types of Conservation Developments §3.04. Applicability of Other Chapters §3.05. Supplemental Information §3.06. Communication with Precinct Commissioner §3.07. Pre - submittal Meeting Sub - Chapter 4 - Development Authorization s for Conservation Developments: §4.01. Types of Conservation Developments §4.02. Privation of Incentives Sub - Chapter 5 - Conservation Development Design: §5.01. Conservation Space §5.02. Scenic and Historic Preservation Buffers §5.03. Ecological Assets Management Plan §5.04. Impervious Cover §5.05. Conservation Roadway and Driveway Design Standards §5.06. Requirements for Property Owners Associations

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Sub - Chapter 6 - Resource Conservation: §6.01. Energy Conservation §6.02. Water Conservation §6.03. Materials Conservation §6.04. Alternative Conservation Standards §6.05. Conservation Effort Verification Sub - Chapter 7 - P referred Development Areas: §7.01. Designation of Preferred Development Areas §7.02. Commercial Development as Conservation Development Sub - Chapter 8 - Conservation Development Agreement: §8.01. Agreement Required §8.02. Agreement Allowed §8.03. Agreement to Run With Land Sub - Chapter 9 - Off - site Transfers for Conservation Development: §9.01. Transfer Commodities §9.02. Origin Sites Within the Jurisdiction of These Regulations §9.03. Origin Sites Outside the Jurisdiction of These RegulationsSource: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

Land Use

CHAPTER 751 - USE OF COUNTY PROPERTIES OR FACILITIES

Content of Chapter 751Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority, §1.04. County Property and Facilities Regulated §1.05. County Property and Facilities Excluded §1.06. Exceptions for Activities in the Normal Course of County Business §1.07. Exceptions for Activities Authorized by Other Jurisdictions Sub - Chapter 2 - Types of Approval s Authorized: §2.01. Minor Permit §2.02. Permits Other than Minor Permits§2.03. Incorporation into Other Types of Permits Sub - Chapter 3 -Regulated Activities and Improvements: §3.01. Construction or Land Disturbance§3.02. Temporary Structures or Facilities§3.03. Permanent Structures or Facilities§3.04. Exceptions for Emergency Conditions Sub - Chapter 4 - General Application Procedures: §4.01. Application Information §4.02. Fees Sub - Chapter 5 - Minor Permits: §5.01. General Requirements and Application Procedures §5.02. Minor Permit Review By the Department §5.03. Contents of Minor Permit Sub - Chapter 6 - Application Procedures for Uses Requiring a Development Authorization: §6.01. General Application Processing §6.02. Communication with Precinct Commissioner

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§6.03. Written Notice for Certain Uses §6.04. Posted Notice Sub - Chapter 7 - General Requirements for Use: §7.01. Reasonable Use §7.02. In the Public Interest§7.03. Public Health, Safety, and the EnvironmentSource: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

CHAPTER 755 - LAND USE AND LOCATION RESTRICTIONS

Contents of Chapter 755Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Compliance Required Sub - Chapter 2 - Definitions Specific to This Chapter: Sub - Chapter 3 - Regulated Activities: §3.01. Location Restrictions §3.02. Regulated Land Uses §3.03. Regulated Access Controls Sub - Chapter 4 - Location Restrictions: §4.01. Location Review §4.02. Approval Required §4.03. Sexually Oriented Businesses §4.04. Construction Adjacent to Regulated Roadways Sub - Chapter 5 - Land Use Regulations: §5.01. Applicability §5.02. Exemptions §5.03. Permit Application Procedures §5.04. Notice Procedures §5.05. Applications and Fees §5.06. Renewal Application Procedures §5.07. Issuance of Permit §5.08. Procedure for Commissioners Court Approval §5.09. Requirements for Operations §5.10. Grounds for Suspension or Revocation of Permit Sub - Chapter 6 - Gated Community Access Control Regulations: §6.01. Applicability §6.02. Exemptions and Exclusions §6.03. Permit Application Procedures §6.05. Technical RequirementsSource: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

Miscellaneous

CHAPTER 761 - ECONOMIC INCENTIVES FOR

Contents of Chapter 761Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Types of Economic Incentives

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DEVELOPMENT ACTIVITIES

§1.04. Qualifying Activities §1.05. Combined Activities Sub - Chapter 2 - Application of Economic Incentives By County: Sub - Chapter 3 - Application and Approval Procedures: §3.01. Filing with Application for Development Authorization §3.02. Fees §3.03. Design and Cost Estimate Information §3.04. Inspection Sub - Chapter 4 - Rebate Procedures: §4.01. Documentation §4.02. Structural Improvements Completed in Conjunction with the Initial Development §4.03. Structural Improvements Not Completed in Conjunction with the Initial Development §4.04. Non - Structural Improvements Sub - Chapter 5 - Incentives for Water Quality Protection Features: §5.01. Water Quality Protection Features Encouraged §5.02. Water Quality Protection Design Requirements §5.03. Stream Offsets/Buffer Zones §5.04. Control of Hydrologic Regime §5.05. Non - Structural Best Management Practices §5.06. Structural Best Management PracticesSource: http://www.co.hays.tx.us/SharedFiles/Download.aspx? pageid=61&mid=65&fileid=738

Types of laws and regulations

State of Texas laws and regulations

Alcoholic Beverages

1. Municipal regulation restricted. The authority of municipalities to regulate the manufacture, sale, distribution, transportation and possession of alcoholic beverages is restricted. See V.T.C.A., Alcoholic Beverage Code §§ 1.06, 109.57.2. Permissible municipal regulation. Municipalities are authorized to:a. Require permit and license fee. See V.T.C.A., Alcoholic Beverage Code §§ 11.38, 61.36.b. Impose location, hours of sale and consumption, and open container and public consumption restrictions. See V.T.C.A., Alcoholic Beverage Code §§ 105.01 et seq. and 109.31 et seq.c. Regulate billboards, electric signs and outdoor advertising. See V.T.C.A., Alcoholic Beverage Code § 108.55.

Environmental Regulations Junked

vehiclesJunked vehicles. Municipal ordinances that provide for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance must contain specified provisions. See V.T.C.A., Transportation Code § 683.074.

Pest Control a. Municipalities may not license pest control operators. See V.T.C.A., Occupations Code §1951.201.b. The sale and use of pesticides may be regulated and restricted. See V.T.C.A.,Occupations Code § 1951.005(b), (c).

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Solid Waste 1. Containers. A local government may not adopt an ordinance, rule or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in amanner not authorized by state law, (2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a facility owned by the local government, permitted by the state for that purpose in a manner not authorized by state law, or (3) assess a fee or deposit on the sale or use of a container or package. Exceptions include compliance with state or federal requirements and zoning ordinances. (See V.T.C.A., Health and Safety Code § 361.0961.)

Discharge

Construction Discharge

http://www.tceq.texas.gov/assets/public/permitting/stormwater/TXR150000_CGP.pdf

Types of Laws and Regulations

Federal Laws and Regulations

Environmental Laws and RegulationsEndangered Species Act

Posting of the act here is impractical so a link to the U.S. Fish & Wildlife Service with the details of the act are provided here: http://www.fws.gov/endangered/laws-policies/esa.html

Clean Air Act Link to the Clean Air Act here: http://www.epw.senate.gov/envlaws/cleanair.pdf

Clean Water Act (CWA)

Link to the Clean water act here: http://www.epw.senate.gov/water.pdf

Wetlands – Clean Water Act section 404

Wetlands – Clean Water Act section 404 establishes a permit program to regulate the discharge of dredged or fills materials into the waters of the U.S., including wetlands. Activities exempted from regulation include those associated with on-going, normal farming, forestry, and ranching practices. For example; plowing, seeding, cultivating, minor drainage maintenance, harvesting, maintenance of serviceable structures (dams, dikes, levees, breakwaters, causeways and bridge abutments or approaches, and transportation structures), and construction or maintenance of farm or stock ponds or irrigation ditches, and farm or forest roads in accordance with best management practices. However, such activities are not exempt if the discharge changes the use of the waters (e.g., brings a wetlands into agricultural production), impairs the water's flow or circulation, or reduces the reach of the waters (e.g., converts an agricultural wetlands to a non-wetland area). Prior converted croplands are not waters of the U.S. under Clean Water Act section 404 and Swampbuster. NOTE: Certified wetland determinations made by the Natural Resources Conservation Service for purposes of implementing the wetland conservation (i.e., Swampbuster) provisions of the Food Security Act may not be valid for identifying the extent of Army Corps of Engineers Clean Water Act jurisdiction on a particular site. A farmer should check with the local Corps of Engineers office to verify whether ongoing or planned activities that will result in a discharge of dredged or fill material into wetlands, or other waters of the U.S., are regulated under the Clean Water Act section 404 program. A separate

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jurisdictional determination may be required by the Corps of Engineers. Likewise, jurisdictional determinations made by the Corps of Engineers for Clean Water Act purposes may not be valid for complying with the Swampbuster provisions of the Food Security Act. Thus, farmers should also check with the Natural Resources Conservation Service before clearing, draining, or manipulating any wet areas on a farmer's land to make sure that benefits are maintained.

Animal Feeding Operations (Aquaculture)

An aquatic animal production facility such as a hatchery or fish farm that discharges directly is a Concentrated Aquatic Animal Production (CAAP) facility that requires a NPDES permit in certain circumstances. A pond, raceway or similar structure raising cold water aquatic animals (e.g., trout, salmon) is a CAAP if it discharges at least 30 days per year unless it produces less than 9,090 harvest weight kilograms (about 20,000 pounds) and feeds less than 2,272 kilograms (approximately 5,000 lbs.) of food during the calendar month of maximum feeding. A pond, raceway or similar structure raising warm water aquatic animals (e.g., catfish, sunfish, minnows) is a CAAP if discharges at least 30 days per year unless it is a closed pond that discharges only during period of excess runoff or if it produces less than 45,454 harvest weight kilograms (about 100,000 pounds) The EPA Regional Administrator (or State NPDES Program Director) may also designate any aquatic animal production facility as a CAAP is it is determined that the facility is a significant contributor of pollution to waters of the United States.

Safe Drinking Water Act (SDWA) (SDWA) As

may be applied to farmers

Requires provision of drinking water meeting regulations if a farm serves water through pipes or other constructed conveyances to an average of 25 people, or more than 15 service connections, for more than 59 days/year. This may primarily affect farmers with their own source of water (e.g., a well) that provides water for human consumption (e.g. drinking, showering), although this may affect farmers who provide drinking water to workers as well. For the most part, the primary impact will require farms to sample for micro biologicals and nitrate based on a schedule established by the applicable primacy agency (i.e., State or EPA Region). Requires farmers with agricultural drainage wells (Class V) to furnish inventory information to the State. In general, a regulated well is a hole which is deeper than it is wide and into which liquid waste or wastewater is injected. State could require an individual well permit. A farmer cannot inject any contaminant into an underground source of drinking water using a well if the contaminant may cause a violation of any primary drinking water regulation or may adversely affect the health of persons. Underground Injection Control

ReferencesCity of San Marcos, 2015. San Marcos, Texas - Code of Ordinances. Assessed from http://library.municode.com/index.aspx?clientId=11549

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Hays County, Texas. 2001 Hays County Development Regulations. Assessed from http://www.co.hays.tx.us/SharedFiles/Download.aspx?pageid=61&mid=65&fileid=738

Texas Commission on Environmental Quality. 2012. Texas 303(d) List (Category 5). Assessed from http://www.tceq.texas.gov/assets/public/waterquality/swqm/assess/12twqi/2012_303d.pdf

United States Environmental Protection Agency. 1972. Clean Air Act. Assessed from http://www.epw.senate.gov/envlaws/cleanair.pdf

United States Environmental Protection Agency. 2002. Federal Water Pollution Control Act. Assessed from http://www.epw.senate.gov/water.pdf

United States Environmental Protection Agency. No Date. Federal Environmental Requirements for Construction. Assessed from http://www.epa.gov/compliance/resources/publications/assistance/sectors/fedenvconstruction.pdf

United States Environmental Protection Agency. 2007. Major Existing EPA Laws and Programs That Could Affect Agricultural Producers. Assessed from http://www.epa.gov/agriculture/agmatrix.pdf#page=4 ***

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