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<br />recognize silt as a water pollutant, and <br />detention ponding is used to control <br />sedimentation from the erosion of land <br />developments, particularly during the <br />construction period. State flood control laws, <br />such as in Virginia, have been interpreted <br />broadly to allow for the inclusion of the <br />requirement for detention ponds to control <br />flooding. <br />Assessment of a drainage fee has been <br />used by several cities in Colorado (e.g., <br />Arvada and Boulder) to pay for the <br />construction of drainage facilities. The <br />legislation is structured so that the assessment <br />is dependent upon the area and stormwater <br />runoff rates. In Arvada, as an incentive for <br />illdividual land developers to reduce the rate <br />of storm water runoff from their property, the <br />assessment procedure was made flexible so <br />that land developers could reduce the amount <br />of their assessments by providing stormwater <br />detention facilities. <br />Zoning laws as they pertain to <br />storm water drainage and flooding, are <br />primarily structured to specify the minimum <br />amount of drainage protection needed in <br />various areas. For instance, flood protection <br />structures or sufficient storage volume for a <br />100-year storm might be required for a <br />development near the flood plain of a river, <br />while for a development remote from a flood <br />plain a 2-year frequency rain may be <br />specified for design of the system of collector <br />storm sewers. Also, flood plain zoning <br />regulations may prohibit permanent <br />development within the flood plain that <br />would reduce the capacity of the flood plain <br />for natural storage of flood waters. <br />Most local building codes do not require <br />detention storage, although some public <br />agencies, e.g" the Denver Urban Renewal <br />Agency, require that rooftop storage be <br />incorporated into the design of buildings. <br />Those jurisdictions that mention rooftop <br />detention storage of rainfall in their building <br />cod e s specify various standards of <br />construction including maximum water depth <br />on a roof, roofslope, size of roof drainage <br />leaders and the number of leaders for a given <br />roof area. At least one national building code, <br />the Building Officials and Code <br />Administrators, International, has developed <br />standards for detention storage of rainfall on <br />roofs. <br /> <br />In most instances, the power to adopt <br />and enforce laws governing detention of <br />stormwater lies within the established powers <br />of cities and counties. Because drainage <br />regulation on a regional, total-watershed basis <br />may prove to be more effective in solving <br />drainage problems than institutional <br />arrangements that are limited by political <br />boundaries, regional drainage authorities may <br />become more popular in the future. The <br />creation of these authorities and the <br />definition of their powers would require state <br />enabling legislation in each instance. In a <br />study done by the American Public Works <br />Association in 1966, it was found that 53 <br />percent of all communities in the United <br />States larger than 250,000 population had <br />established drainage districts and that more <br />than one-half of the remaining 47 percent had <br />authority to do so. <br />Survey Results: The types of legislation <br />used to require and regulate on-site <br />stormwater detention storage facilities were <br />revealed in a survey of about 500 public <br />agencies and 130 engineering firms across the <br />United States and Canada. Responses were <br />received from 230 agencies and 40 <br />engineering firms. <br />Legislative and/or administrative action <br />was reported by about 60 local public <br />agencies. The method of requiring and <br />regulating on-site detention of runoff by <br />those agencies is shown in Table I, Survey of <br />Studies Made and Action Taken. <br /> <br />TABLE 1 <br />Survey of Studies Made and Action Taken by <br />Local Jurisdictions in Requiring and <br />Regulating On-Site Stormwater <br />Detention Facilities <br /> <br />Rel!lllation bv means of: <br /> <br />Studies <br />Made <br />Yes No <br /> <br />Positive <br />Action <br />Taken <br />Yes No <br /> <br />Subdivision Regulations 31 <br />Building Code 11 <br />Zoning Ordinance 12 <br />Other Statutory Requirements 18 <br />Administrative Regulations 36 <br />Source: APWAStudy 1972 <br /> <br />115 30 <br />122 12 <br />121 9 <br />117 18 <br />106 43 <br /> <br />141 <br />138 <br />133 <br />131 <br />132 <br /> <br />Studies were made by some jurisdictions <br />and some adopted either legislation or <br /> <br />13 <br />