The Green Tier/Clear Waters Initiative The Green Tier/Clear Waters Initiative Environmental Results CharterEnvironmental Results Charter

The ProblemThe Problem Storm Water Management and Animal Storm Water Management and Animal

Waste are dominate issues in SCRWaste are dominate issues in SCR Two storm water examplesTwo storm water examples

– Lake MendotaLake Mendota– Mount HorebMount Horeb

Lake Mendota Priority Watershed Lake Mendota Priority Watershed PlanPlan

Goal is to cut Goal is to cut Phosphorus load in Phosphorus load in half and reduce the half and reduce the incidents of Blue incidents of Blue Green Algae blooms in Green Algae blooms in halfhalf– 19% of 19% of PhosphorusPhosphorus

comes from comes from construction sitesconstruction sites

– 0.3 % of the basin0.3 % of the basin

Mount Horeb and Stream Habitat Mount Horeb and Stream Habitat Improvement ProjectsImprovement Projects

A Call To ActionA Call To Action

Storm Water StrategyStorm Water Strategy Capital Times Opinion PieceCapital Times Opinion Piece Contact with Local BuildersContact with Local Builders

Existing Patch Work Quilt of Storm Existing Patch Work Quilt of Storm Water RegulationsWater Regulations

Federal Clean Water ActFederal Clean Water Act– One Acre sitesOne Acre sites- Wisconsin Administrative Code NR 216Wisconsin Administrative Code NR 216

- Dane County OrdinanceDane County Ordinance- City And Village OrdinancesCity And Village Ordinances- Department of CommerceDepartment of Commerce

- Uniform Dwelling CodeUniform Dwelling Code- Residential lots (one and two family) Residential lots (one and two family) - Implemented by Building inspectorsImplemented by Building inspectors

- Commercial Commercial

Convening of PartnersConvening of Partners

Contact with Veridian Homes LLCContact with Veridian Homes LLC– VeridianVeridian– DNRDNR– Cities of Madison and Sun PrairieCities of Madison and Sun Prairie– Dane CountyDane County

Veridian HomesVeridian Homes

Builds 55% of the homes in the City of Builds 55% of the homes in the City of MadisonMadison

Builds 25% of the homes in Dane CountyBuilds 25% of the homes in Dane County Single source builderSingle source builder

Green TierGreen Tier

Veridian strongly wanted to do this project in the Veridian strongly wanted to do this project in the Green Tier formatGreen Tier format

Wisconsin Act 176 created the Environmental Wisconsin Act 176 created the Environmental Results Program which became affective April 30 Results Program which became affective April 30 20042004– Allows the Department to enter into alternative Allows the Department to enter into alternative

regulatory agreements to achieve superior regulatory agreements to achieve superior environmental resultsenvironmental results

– Allows the Creation of Green Tier Associations through Allows the Creation of Green Tier Associations through “Charters” “Charters”

Why the CharterWhy the Charter

More than just DNR at the TableMore than just DNR at the Table Allows us to be expansive and include other Allows us to be expansive and include other

municipalities and business when they are ready municipalities and business when they are ready to participateto participate

Allows us to set the bar for Green Tier participants Allows us to set the bar for Green Tier participants Allows us to look at all building activities; planning, Allows us to look at all building activities; planning,

plat development, commercial development and plat development, commercial development and single lots regardless of the regulator: NR 151, single lots regardless of the regulator: NR 151, City Ordinance, County Ordinance or Uniform City Ordinance, County Ordinance or Uniform Dwelling Code (UDC) Dwelling Code (UDC)

The MissionThe Mission The mission of this Charter is to cause a meaningful The mission of this Charter is to cause a meaningful

reduction, beyond current state standards, in the sediment reduction, beyond current state standards, in the sediment and nutrient delivery to the lakes and streamsand nutrient delivery to the lakes and streams in Dane in Dane County resulting from the construction of new homes, County resulting from the construction of new homes, housing subdivisions, and businesses, and to develop housing subdivisions, and businesses, and to develop alternative approaches and practices at the planning level, alternative approaches and practices at the planning level, subdivision construction level, and individual lot level, that subdivision construction level, and individual lot level, that will result in better erosion control and long-term storm will result in better erosion control and long-term storm water management.water management. Furthermore, the mission is to explore Furthermore, the mission is to explore new business and regulatory practices that result innew business and regulatory practices that result in improved regulatory certainty for Charter participants and improved regulatory certainty for Charter participants and reduced regulatory effort by regulatory agencies.reduced regulatory effort by regulatory agencies.

Basic approach of CharterBasic approach of Charter Focus on erosion control for new development and home Focus on erosion control for new development and home

buildingbuilding– Single Family Homes UDCSingle Family Homes UDC– Commercial Commercial – Plat Level Plat Level

Regulatory certainty for participantsRegulatory certainty for participants– Coordination of regulatory agenciesCoordination of regulatory agencies

Single point of contactSingle point of contact– Chapter 30, NR 216, Dane County Construction Ordinance, Cities of and Chapter 30, NR 216, Dane County Construction Ordinance, Cities of and

Sun Prairie and Madison Construction Ordinance, Sun Prairie and Madison Construction Ordinance, Technical work groupTechnical work group

Continuous improvement and routine auditsContinuous improvement and routine audits Oversight through a Board of DirectorsOversight through a Board of Directors

Basic approach of Charter (cont.)Basic approach of Charter (cont.) Open to new signatoriesOpen to new signatories

– Commitment of resources to carry out CharterCommitment of resources to carry out Charter Body of main Charter sets out overall agreement Body of main Charter sets out overall agreement

goals and objectivesgoals and objectives– Five Year Charter but anyone can opt out by simple Five Year Charter but anyone can opt out by simple

noticenotice Six appendices which can be altered or expanded Six appendices which can be altered or expanded

by the Board of Directorsby the Board of Directors– Detailed expectations and commitments are within Detailed expectations and commitments are within

appendicesappendices

Drafting the CharterDrafting the Charter Detailed drafting of Charter with “line by line” Detailed drafting of Charter with “line by line”

editingediting At the last minute the group decide to expand the At the last minute the group decide to expand the

chartercharter– The Charter signatories will explore the development of The Charter signatories will explore the development of

practices thatpractices that minimize the environmental impact of minimize the environmental impact of developments.developments.  This effort will focus on sustainable This effort will focus on sustainable practices and will include measures for practices and will include measures for 1) conservation 1) conservation of surface water and groundwater, 2) conservation of of surface water and groundwater, 2) conservation of energy, 3) reduction of air emissions and 4) maximizing energy, 3) reduction of air emissions and 4) maximizing recycling.recycling.

Appendix 1 – Performance Appendix 1 – Performance MeasuresMeasures

Spells out plat level and site level Spells out plat level and site level expectations:expectations: Expectations for BMPs during site development and Expectations for BMPs during site development and

building of structuresbuilding of structures

Assures that all the participant’s developments meet Assures that all the participant’s developments meet or exceed the standards within NR 216, NR 151 and or exceed the standards within NR 216, NR 151 and Dane County Chapters 11 and 14Dane County Chapters 11 and 14

Risk levels assigned based on time of year, slope, Risk levels assigned based on time of year, slope, slope length, and period of disturbance slope length, and period of disturbance

Appendix 2 – Performance Appendix 2 – Performance AssuranceAssurance

Allows participant to address complaintsAllows participant to address complaints Third party auditsThird party audits Virtual inspectionsVirtual inspections 365/24/7 contact365/24/7 contact Alternative methods for assuring performanceAlternative methods for assuring performance

– Agency enforcement is retained Agency enforcement is retained – Point system for assessing compliance with CharterPoint system for assessing compliance with Charter

AppendixAppendix 3 3 – Erosion Control Trade – Erosion Control Trade Contractor TrainingContractor Training

Develop a contractor training programDevelop a contractor training program Participant commitment to training contractors on Participant commitment to training contractors on

erosion controlerosion control– Tell the contractors what they are expected to doTell the contractors what they are expected to do– Spell out consequences non-complianceSpell out consequences non-compliance

Participants do business with contractors who Participants do business with contractors who commit to trainingcommit to training

Upfront review by regulatory agencies during preliminary plat and subsequent development stage

Identify and resolve issues at an early stage Resolve disagreements early in process and at

lowest level possible Complaint resolution process

– Technical Work Group– Charter Board– SCR Director– Secretary

Appendix 4 – Early Involvement of Appendix 4 – Early Involvement of Governmental EntitiesGovernmental Entities

Appendix 5 – New Signatories to the Appendix 5 – New Signatories to the CharterCharter

Goal is to be as expansive as possibleGoal is to be as expansive as possible Charter Board will review request and make Charter Board will review request and make

decision based upon the applicants ability to decision based upon the applicants ability to comply with the Chartercomply with the Charter

Allow new qualifying signatories but require Allow new qualifying signatories but require a demonstration of compliance after six a demonstration of compliance after six monthsmonths

Appendix 6 – Participant Committee Appendix 6 – Participant Committee To A Continuous Improvement and To A Continuous Improvement and

Audit Process Audit Process

Participant must go through the Green Tier process Participant must go through the Green Tier process (section 299.83, Wis. ,stats.)(section 299.83, Wis. ,stats.)

Adopt policies and procedures, annual reporting, and Adopt policies and procedures, annual reporting, and auditing auditing

What does the Charter do for the What does the Charter do for the Environment?Environment?

Better overall performanceBetter overall performance Meaningful self monitoringMeaningful self monitoring Contractor trainingContractor training Better performance at the UDC levelBetter performance at the UDC level 365/24/7 participant contact365/24/7 participant contact Better coordination of agency effortsBetter coordination of agency efforts Eventually, less staff timeEventually, less staff time Better relationships with the buildersBetter relationships with the builders

What does the Charter do for What does the Charter do for BusinessBusiness

Single point of contactSingle point of contact Improved permit expectationsImproved permit expectations

– Coordinated reviewCoordinated review Non-judicial appeal procedureNon-judicial appeal procedure Less delaysLess delays Fewer enforcement situationsFewer enforcement situations Marketing advantage (Green Tier Sticker)Marketing advantage (Green Tier Sticker)

Where we’re atWhere we’re at

Agreement was signed in January 2006 by Agreement was signed in January 2006 by all principalsall principals

Start up Board meetings every 4 to 6 weeksStart up Board meetings every 4 to 6 weeks First annual meeting was held in December First annual meeting was held in December

20062006 First annual report went to DNR Secretary First annual report went to DNR Secretary

Hassett in February 2007Hassett in February 2007