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I I I I I I I I I I I I I I I I I I I Institutional Interaction in Stormwater Management Because stormwater management in urban and metropolitan areas is engaged in by both public and private institutions, it is not surprising that the approaches adopted and proposed are varied and often conflicting. The private institutions, primarily land developers and land owners, number in the thousands. The many public institutions involved include: local, state and federal governments and agencies; planning commissions; drainage and flood control districts; some sanitary districts; and various special-purpose public agencies that have a role in stormwater manage- ment. The latter includes park districts, forest preserve districts, conservation districts, and others. Five example situations are described here to illustrate the kinds of interaction that may develop between these various institutions. New Land Developments. In this situation, the land developer first approaches the local government responsible for zoning, and requests a change in zoning to accommodate his plans. In terms of surface drainage, the developer usually is required to prepare a site plan or preliminary subdivision plat to demon- strate basic feasibility. If and when the requested zoning is approved, the devel- oper's engineer prepares detailed drainage plans which become part of the develop- ment plans submitted by the developer. The local government then reviews the plans and either approves or disapproves them. The developer must also satisfy the drain- age requirements of the Federal Housing Administration (FHA) if FHA financing is involved. Before the buildings are occupied, the developer must satisfy the lcoal government that all construction conforms to the approved plans. Other local agen- cies may also become involved. For example, in Tulsa, Oklahoma, all land develop- ments must be approved by the Tulsa Metropolitan Area Planning Commission. It is an agency separate from either the City or County of Tulsa, and it has planning and responsibilities for all land developments in the area. In instances where construction of bridges over navigable streams is required, the state highway departments and the U.S. Corps of Engineers will usually have approval authority. When rivers are involved, the Corps of Engineers and the U.S. Environmental Protection Agency, as well as the state environmental protection agency, will ordinarily have to be consulted, and construction permits may be required. For land developments proposing surface drainage systems that may affect neighboring or downstream jurisdictions or unincorporated portions of a county, approvals should be requested from these respective governments. Also, most state laws (in the United States) require that land development plans be submitted for review and comment by nearby municipalities when such proposed developments are within a stipulated distance from corporate boundaries. Developed Areas With Drainage Problems. In situations where a developed area has drainage problems or minor local flooding problems (e.g., sewer backups), property owners are the "initiators". They usually make their complaints to the local government. One solution approach for local government is to form a special improvement district that relates to specific property owners and their drainage problems. The local government may then retain a consultant to design improvements and a contractor to construct the improvements on behalf of the special improvement district. The cost of such improvements are charged through the special improve- ment district directly to the property owners benefited. This entire process is a remedial action and, often,is a consequence of poor planning, or none. Regulation of Floodplains. Justification for regulation of floodplains is the health, safety, and welfare of the public. In most states, regulation of flood- plains is the responsibility of local government; however, some state governments (e.g., Illinois) are implementing and enforcing floodplain regulations in urban and 41