Stormwater bubbles out of a sewer grate off East 28th Street.A day after state officials withdrew support for new stringent stormwater regulations in Chattanooga, City Council members voted to pass a first reading of the proposed guidelines.
That's after two years of debate among council members, the mayor's office and developers over the proposed regulations, which call for builders to take stronger measures to restrict the flow of stormwater into the Tennessee River.
Under the new rules, developers within the South Chickamauga basin would have to collect the first 1.6 inches of rainwater to prevent flooding conditions, among other measures. Current guidelines call for 1-inch retention. Opponents of the new rules say that will require more engineering on projects, which will increase costs to builders and buyers.
The council voted 5-3 Tuesday in favor of adopting the guidelines on first reading. But the council also added language to give developers an appeal process and cause the city to evaluate the new guidelines to see if they have an impact on stormwater. The council will vote again on the measure in two weeks.
The decision comes despite a letter sent Monday by Tennessee Department of Environment and Conservation Commissioner Robert Martineau to Mayor Andy Berke which recanted his previous support of the more stringent regulations.
"As part of their stormwater permits, regulated stormwater programs are required to at least meet the minimum requirements identified in their stormwater permits. Any local requirements imposed beyond permit requirements are the decision of the local jurisdiction," Martineau wrote.
Councilman Chris Anderson, who voted in favor of the new guidelines, said after the meeting he was not concerned with TDEC pulling its support.
"I can't control what the state does, but we did the right thing," Anderson said.
In an agenda session before the meeting, Anderson said he has heard from developers but, "I also represent a lot of residents who have widespread flooding issues."
But Council Chairman Chip Henderson, who voted against adopting the new guidelines, said he's concerned about costs.
A portion of the new guidelines call for off-site stormwater mitigation for developers who simply can't prevent stormwater from running off their build sites due to environmental factors.
"I'm concerned about the administrative cost associated with the off-site mitigation process. These mitigation projects are going to have to be maintained," Henderson said.
He added that the unincorporated county was keeping the minimum permit requirements from TDEC, and regulations across the border in Georgia were more lax.
"If everybody around us is cheaper to go develop, then the development is going to creep away," Henderson said.
Council Members Anderson, Carol Berz, Moses Freeman, Russell Gilbert and Yusuf Hakeem voted in favor of the new guidelines. Henderson, Jerry Mitchell and Ken Smith voted against them. Councilman Larry Grohn was absent.
Contact staff writer Louie Brogdon at lbrogdon@timesfreepress.com, @glbrogdoniv on Twitter or at 423-757-6481.