applicability
Applicability and Relationship to Permits and Local Codes
When criteria apply (new development, redevelopment, thresholds) and how state/local manuals interact.
Practice
Manuals typically define when criteria apply to new development versus redevelopment, often with disturbed-area or impervious-cover thresholds tied to MS4 permits. About two-fifths of atlas corpora are tagged for applicability-style topics. Local codes frequently allow stricter thresholds than state minimums; exemptions (for example routine maintenance) appear widely but vary in scope.
Applicability checklist
Draft national guidance grounded in atlas practice — not a design manual or adopted regulation.
| Topic | Suggested national guidance | Atlas note |
|---|---|---|
| New development | State disturbed-area or impervious thresholds that trigger post-construction criteria | Applicability framing common in purpose/scope chapters |
| Redevelopment | Define partial-site or reduced WQv rules for redevelopment; prefer net reduction where feasible | Redevelopment rules vary widely by MS4 |
| Exemptions | List exemptions narrowly (e.g. routine maintenance) so they do not undermine WQ goals | Exemption lists appear widely but differ in scope |
| Stricter local codes | Allow agencies to adopt stricter thresholds than this guidance | Local codes frequently exceed state minimums |
Guidance
State when criteria apply to new development and redevelopment, including disturbed-area or impervious thresholds. Clarify how this guidance relates to NPDES MS4 permits, construction general permits, and local codes. Allow agencies to adopt stricter thresholds. List common exemptions carefully so they do not undermine water-quality goals.
Regional notes
MS4 Phase I and Phase II programs often use different triggers. Some arid and cold-climate localities exempt small projects from retention but still require treatment or erosion controls.
Open questions
Choose default national thresholds versus guidance-only ranges. Align the exemption list with typical MS4 permits without undercutting WQ goals.
References
Numbered footnotes for guidance clauses and atlas notes. Field-verified entries come from structured atlas evidence; corpus-pattern entries are keyword-matched excerpts.
“development and redevelopment projects meeting the Project Thresholds in I-3.3 Applicability of the Minimum Requirements shall create an operation and maintenance (O&M) manual for all BMPs used to meet I-3.4.6 MR6: Runoff Treatment, I-3.4.7 MR7: F”
“nning through long- term maintenance of stormwater management facilities. 4.2.2 Applicability It is recommended that the stormwater man- agement standards listed below be required for any new development or redevelopment site that meets one or more”
“Vermont Stormwater Treatment Standards Section 6.0 Project – New development, expansion, redevelopment and or existing impervious surface that the Secretary is considering for coverage under an individual or general permit or which has”
“he stormwater management requirements for redevelopment will be the same as for new development. The applicant, however, can meet those requirements either on-site or at an approved off-site location within the same watershed provided the applicant satisf”
“120 Minnesota storMwater Manual Applicability: Waters of the U.S. Stormwater Relationship: Discharge of dredged or fill material into waters of the U.S. Rivers and Harbors Act, Section 10 Permit Progr”
“nation 4. Controlling Runoff from Construction Sites 5. Controlling Runoff from New Development and Redevelopment (once construction is complete) 6. Pollution Prevention and Good Housekeeping for Municipal Operations This Manual primarily provides guidanc”
“he project owner and/or design professional are responsible for determining the applicable regulatory requirements and associated permits for each individual project.”
“thority to obtain the permit application forms, design standards, and any other applicable requirements for the project site area. These requirements could include planning and building codes, flood control and water quality design standards, and s”
“fect is to reduce the quantity of impervious area and fall below thresholds for applicability of stormwater requirements. When defining the project, the following questions must be considered: • What are the project activities? • Do they occur onsi”
Supporting jurisdictions
9 jurisdictions cited in this section (outline tags ~116 manuals; full atlas has ~299).
wa-state-westernga-statevt-stateri-statemn-state-2008west-virginia-manualbillings-mtidaho-bmp-catalogsan-diego-ca