DC has some of the most aggressive stormwater rules in the US. DOEE's 2013 Stormwater Regulations (21 DCMR 5) require any project disturbing 5,000+ square feet of land or 50% of an existing site to retain 1.2 inches of runoff on-site through green infrastructure. The Stormwater Retention Credit (SRC) Trading Program lets developers offset requirements by buying credits from BMP-rich properties.
DC's stormwater regulation derives from its federal Municipal Separate Storm Sewer System (MS4) NPDES permit, its Combined Sewer System Long Term Control Plan (DC Water Clean Rivers Project), and DC Code section 8-151.13 implementing the Sustainable DC Act. The governing regulation is 21 DCMR Chapter 5, promulgated by DOEE in 2013 and updated regularly. Under the rule, any Major Land-Disturbing Activity (5,000 square feet of land disturbance) or Major Substantial Improvement Activity (substantial improvement to a structure with 5,000+ sf of disturbance or altering 50%+ of the site) must retain the first 1.2 inches of rainfall on-site — the 'Stormwater Retention Volume' (SWRv). Acceptable Best Management Practices (BMPs) include green roofs, bioretention/rain gardens, permeable pavers, cisterns, planter boxes, rainwater harvesting, and infiltration trenches. Each BMP earns credit based on DOEE-published efficiency factors. Projects that cannot fully retain on-site may achieve 50% through off-site Stormwater Retention Credits (SRCs) purchased through DOEE's first-in-the-nation SRC Trading Program, with recent prices around $2-4 per credit (one credit = one gallon retained for one year). DOEE inspects during and after construction; SWMFs must have recorded Operation and Maintenance Agreements. The Anacostia River Sediment Project adds requirements for riverfront sites. DC Water's ongoing Clean Rivers Project (a $2.7 billion tunnel system) reduces combined sewer overflows. Illicit discharges to storm drains trigger significant penalties.
Failure to submit stormwater plan: stop-work order, $500-$5,000 per DCMR 21-525. Illicit discharge: $1,000-$10,000 per day under DC Code 8-151.18. BMP failure to maintain: notice plus $500-$2,500. Construction without permit: up to $10,000 plus remediation.
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