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District of Columbia Sustainability - Regulatory Update. 2013 Final Stormwater Rule Building Code Changes Zoning Changes – Green Area Ration and Minimum Pervious Surface Requirements. 2013 Final Stormwater Rule Restoring District Waterbodies for Residents, Businesses, & Visitors.

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district of columbia sustainability regulatory update
District of ColumbiaSustainability - Regulatory Update
  • 2013 Final Stormwater Rule
  • Building Code Changes
  • Zoning Changes – Green Area Ration and Minimum Pervious Surface Requirements
imperviousness in the district
Imperviousness in the District
  • 43% of the District’s land area is impervious.
  • A single 1.2 inch storm falling on this area produces about 525 million gallons of stormwater runoff.
impact on waterbodies
Impact on Waterbodies

Stormwater washes trash, sediment, oil, grease, pet waste, and other pollutants into District sewers and waterbodies.

6

impact on waterbodies1
Impact on Waterbodies

Its sheer volume erodes stream channels, toppling trees, washing sediment downstream, and severely degrading aquatic habitat.

impervious surface retrofits
Impervious Surface Retrofits
  • Retain runoff on site to mimic natural land cover.
  • Retention BMPs gradually make District “spongier.”
  • Essential for long-term restoration of waterbodies.

8

regulated development key to retrofits
Regulated Development Key to Retrofits
  • New SW regs establish retention standards (2013 rule):
    • 1.2” storm retention – Projects disturbing 5k SF land.
    • 0.8” storm retention – Renovations over certain size & cost.
  • Most regulated development in District is redevelopment.
  • Scale of development makes it biggest driver of retrofits.
  • Gradual transformation of DC’s 43% impervious land cover.

Annual area retrofitted under SW regs (1% of DC land)

Annual area retrofitted via DDOE direct investment

:

1

10

.

stormwater retention credit trading
Stormwater Retention Credit Trading
  • Problem of imperviousness provides opportunity for trading.
  • Flexibility important to achieving acceptance of strong standards.
  • Trading can maximize triple bottom line of sustainability:
    • Maximize cost savings & flexibility for regulated sites.
    • Increase retention and accelerate restoration of waterbodies.
    • Increase socioeconomic benefits, with more LID
    • (health, aesthetics, environmental justice, green jobs).
    • SRC market may serve as tool for District to achieve retrofits at lower cost and with greater engagement of private sector.
slide14

Trading’s Potential to Increase Retention

  • Same retention for 1.2” storm:

Trading

Strict On-Site

5,000 + 5,000 =

10,000 gallons

10,000 gallons

14

slide15

Trading’s Potential to Increase Retention

  • Greater retention for storms smaller than 1.2”
  • Example – 0.6” storm:
  • 90% of storms in Washington DC are less than 1.2”.
  • This scenario yields 57% increase in annual retention.

Strict On-Site

Trading

5,000 gallons

5,000 + 5,000 =

10,000 gallons

15

slide16

Benefits to District Waterbodies

  • Increased annual retention District-wide.
  • Increased capture of first-flush volume.
  • Shift retention BMPs to most vulnerable tributaries and improve socioeconomic outcomes.

16

slide17

Off-Site Flexibility for Regulated Sites

  • Free to go off site after achieving 50% of required retention on site.
  • Two off-site options:
    • In-lieu fee (ILF) payment to DDOE = $3.50/gallon/year.
    • Use of Stormwater Retention Credits (SRCs).
  • Off-site volume is an ongoing obligation for property.
  • SRCs can be banked indefinitely.
  • Purchased SRCs remain valid if generating site fails.
  • SRCs from anywhere in the District can be used.
generation of stormwater retention credits
Generation of Stormwater Retention Credits
  • DDOE is sole SRC-certifying authority.
  • DDOE will certify up to 3 years’ worth of SRCs every 3 years for eligible retention capacity.
  • Retrofit sites not permanently obligated to that use:
    • No maintenance covenant required.
    • Maintenance obligation can be ended by forfeiting SRCs or purchasing replacement SRCs for DDOE to retire.
  • Retrofits must be maintained for period of SRC certification or until obligation ended.
example src transaction
Grocery parking lot voluntarily installs 4,000 gal bioretention to generate 3 years of SRCs or 12,000 SRCs.*

Church parking lot voluntarily installs 2,000 gal bioretention to generate 3 years of SRCs or 6,000 SRCs.

Regulated site has 3,000 gal yearly offsite obligation & purchases total of 18,000 SRCs to comply for 6 years.

By end of 6-year period, regulated site purchases additional credits or pays in-lieu fee.

*Note: Opportunity for discount on stormwater impervious fee provides layered incentive for retrofit.

Example SRC Transaction

19

potential financial return

*SRC value based on projected cost to recoup costs, not market analysis. Costs include capital, maintenance, land, and return on investment.

Potential Financial Return

20

transition plan
Transition Plan

Transition Period 1 ends

Final Rule Published

Transition Period 1 180 days

July 19, 2013

January 15, 2014

  • Transition Period 1
  • Regulated projects comply with existing regulations.
  • Tied to submittal of first SW Management Plan as part of building permit application process.

21

slide22

Transition Plan

Transition Period 2A ends

Transition Period 1 ends

Final Rule Published

January 15, 2015

Transition Period 2A 365 Days

Transition Period 1 180 days

Transition Period 2B 545 Days

July 19, 2013

January 15, 2014

Transition Period 2B ends

July 14, 2015

  • Transition Period 2A and 2B
  • Minimum on-site retention requirement waived.
  • Entire retention volume may be achieved off site.

22

transition plan1
Transition Plan

Transition Period 2A ends

Transition Period 1 ends

Final Rule Published

January 15, 2015

Transition Period 2A 365 Days

Fully effective for Major Land Disturbing Activities

Transition Period 1 180 days

Fully effective for Major Substantial Improvements

Transition Period 2B 545 Days

January 15, 2014

Transition Period 2B ends

  • Fully Effective – Except:
  • Certain projects (“Advanced Design”) with unexpired approval by Zoning Com. or NCPC - Subject to TP when application submitted.
  • Additional grounds for on-site relief for projects with unexpired approval (from HPRB, CFA, BZA, DCOP, NCPC) that conflicts with on-site BMP – If application submitted prior to end of TP2A/TP2B.

July 14, 2015

23

slide25

Goals

  • Green the construction code to the maximum extent practicable.
  • Codify the best practices currently followed by green building leaders in the District.
slide26

Compliance Paths

  • Green Building Act
  • Int’l Green Construction Code (IgCC)
  • ASHRAE 189.1
  • LEED
  • Green Communities
  • National Green Building Standard
code summary scope
Code Summary - Scope
  • Covers all commercial projects (10,000 SF and larger)
  • Covers multi-family residential 4 stories and larger (and 10,000 SF and larger)
transitory provisions for the revised codes
Transitory Provisions for the Revised Codes
  • Exceptions (Section 123 Building Code)
    • Projects with existing building permits
    • Projects with existing design contracts or existing filed application
    • Tenant layout permits for previously built Core and Shell buildings
green area ratio
Green Area Ratio

What is it?

A flexible green site design requirement that varies by zone.

How Achieve?

Choose from a range of environmental landscaping practices each of which have been assigned an environmental performance ranking.

Examples may include…

Impermeable pavement

Impermeable roof

Un-vegetated permeable pavement

Vegetated permeable pavement

Green roofs

Natural ground cover

Rain gardens

Trees & shrubs

Green facades

gar how does it work
GAR: How Does it Work?

How to calculate:

Add up landscape elements by number or size

# trees

Size of green roof

Size of rain garden

# of plants

Soil depths

Divide by lot area

= GAR score

pervious surface requirements
Pervious Surface Requirements

In zones R-1 through R-4

Applies when increasing existing lot occupancy by 10%+ or 25%+ for historic structures

Pervious = grass; mulched groundcover; plants; trees; permeable pavers; and decks or porches

landscaping for surface parking
Landscaping for Surface Parking

Minimum 10% of lot landscaped

Landscape end islands of 9+ spaces

Trees must be min. 2.5” dbh at planting

Plant 4’ from protective barriers

Special exceptions if impracticable

questions
Jeff Seltzer

202-535-1603

[email protected]

To download the District’s Final Rule and Stormwater Management Guidebook, & related resources, visit:

ddoe.dc.gov/swregs

For additional information on the Green Area Ratio visit:

ddoe.dc.gov/gar

For additional information on the Green Building Codes:

ddoe.dc.gov/greenbuildings

QUESTIONS?

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