Previously:

Major developments were defined as developments that  disturbed more than 1 acre of land and/or increased impervious coverage by more than 0.25 acres.

New Rules:

• Major developments now include reconstruction of more than .025 acres of impervious coverage, or 0.25 acres total of new and reconstructed impervious coverage.

• Stormwater management measures shall be designed to provide erosion control, groundwater recharge, stormwater runoff quality control, and stormwater runoff quality treatment.

Triggers for "Major Development" under the new rules:

1. The disturbance of one or more acres of land since February 2, 2004;

2. The creation of 0.25 acre or more of “regulated impervious surface” since February 2, 2004;

3. The creation of 0.25 acre or more of “regulated motor vehicle surface” since March 2, 2021;

4. The reconstruction of 0.25 acre or more of “motor vehicle surface” or impervious surface” since January 20, 2026;

5. A combination of 2, 3, and 4 above that totals an area of 0.25 acres or more. The same surface shall not be counted twice when determining if the combination area equals 0.25 acres or more.

What are the impacts?

• Increased Investment in projects

• Increased Time for design, approvals, and construction.

When does this go into effect?

The amended rules contain several regulations that allow certain applications to be reviewed under the previous regulations for 180 days after adoption (referred to as “legacy” provisions). That legacy period expires on July 20, 2026.