Are Burlington's Stormwater Bylaws in Line for an Overhaul?
Burlington's Conservation Commission is considering changes to the stormwater and erosion & sedimentation bylaw, first drafted in 2005 in response to requirements from the Environmental Protection Agency.
The current bylaw governing the requirements around stormwater control and sedimentation management that applies to new and redeveloped construction projects, as well as additions and landscaping projects, is "pretty cumbersome," said conservation Administrator, Eileen Coleman, at the Commission's October 10 meeting. A 2022 amendment to this bylaw, she says, leaves some aspects of the requirements open to interpretation.
The aim of the proposed changes would be to split out the bylaw and the regulations so that "the bylaw gives the authority and the regulations give the details," said Commission Chair, Larry Cohen, adding that "almost all surrounding communities do it this way." Burlington's Board of Health, for one, keeps their technical requirements in the Rules & Regulations and, in fact, the Conservation Commission's Wetland Regulations "provide detailed guidance on the administration of the law," according to the town website. The separation would make it easier for the Commission to update technical requirements without having to go to Town Meeting, which Cohen says is a very involved process.
The town doesn't intend to make regulations more stringent, said Coleman, who said when referencing the 2022 updates, "Some of the changes that we make or have made have had slightly unintended consequences. We would just like the ability to be able to tweak those things as we go along and clarify them" without having to go to Town Meeting each time.
Burlington resident, local builder, and member of the General Bylaw Review Committee, Susan Kadilak, expressed concerns about the changes, saying that "Taking changes away from the eyes of our town representatives might not be our best move because I think it's important for the residents and their representatives to know what changes are proposed and have a chance to have a say in it." She added, "I think without our current process our current regulations would actually be a lot stricter, a lot more expensive, and a lot more cumbersome for residents and homeowners."
Cohen and Coleman countered that any changes to the regulations would still be presented and discussed at a public hearing and that the Commission often involves members of the local real estate and building community in these conversations to ensure they're not making decisions in a vacuum.
Coleman was to bring these proposals to the General Bylaw Review Committee for discussion this week, and when the proposal is finalized, the Commission will submit the new bylaw to Town Meeting with the regulations in the backup.
Burlington Buzz will keep you informed as these discussions continue; the next Conservation Commission meeting is scheduled for October 24.
