Multi-Phase Developments and New Stormwater Management Rules

EPA's new stormwater management rules (known as NPDES Phase II) are likely to cause headaches for multi-phased real estate development projects that are under construction. As we understand it from a client alert sent out by Stimmel Asociates, P.A., underground stormwater management systems used in the past to avoid losing buildable areas to ponds are no longer acceptable under the new rules. So even though one or more phases of construction may be complete, the developer could be required to add stormwater management ponds that will result in loss of units, land and density.