MODEL 98-15

Jurisdiction Statistics:

• Population: 27,134
• Size (square miles): 45
• Dollar Amount of Construction Per Year: $16.9 million
• % Construction:

• Commercial- 14%; Residential- 28%; Rehab- 42%; Other- 16%

Regulatory Areas:

• Administration & Enforcement
• Environmental & Flood Plain
• Land Use & Zoning

PROBLEM:

Developments Affecting Wetlands - Inefficient Review Process

Wetlands encompass 25 % of the City of Superior's land area, and 65% of its undeveloped areas. As a result, substantial new housing developments, commercial/industrial construction and highway projects unavoidably impact upon these wetlands. Numerous piecemeal wetland fill proposals are submitted to regulatory agencies because of this situation. Some of these proposals generated controversies, delays, and raised the same questions of availability of upland sites and the need for compensatory mitigation. Lack of a comprehensive wetland plan hampered review of proposed developments.

SOLUTION:

Intergovernmental Special Area Management Plan and Procedures

The Superior Special Area Management Plan (SAMP) was created to benefit developers and to preserve these wetlands.

DESCRIPTION:

The goals of SAMP are to provide: (1) predictability for landowners/developers by identifying both upland and wetland areas suitable for development, (2) a reduction in permit processing time and increased efficiency in the use of limited federal and state regulatory resources, (3) protection for moderate and high-value wetlands and other natural resources while allowing for development of less valuable wetlands, and (4) a plan for mitigating wetland losses. The various agencies involved in the planning process work together, and do not have to scrutinize individual permits and mitigation plans. The regulators can object only if the request is not SAMP approved, and must do so within 20 days.

There is a single application process. Regulators do not need to do field work because SAMP requirements are agreed upon and specified. Developers do not need to spend money on compensatory mitigation design, land acquisition, monitoring or modification.

SAMP Development Permits must include the following:

• A certified and detailed site-specific wetland delineation map by wetland class and type, prepared by a City-approved U.S. Army Corps of Engineers (USCOE) certified wetlands ecologist.
• A detailed site plan showing one foot contours at a scale not less than one inch to 100 feet.
• A mitigation plan, including a description of impacted wetland functions and values, attempts to avoid and minimize on-site wetland impacts, project narrative with time schedule, and results of any upland analysis consultations.
• An on-site survey for the presence of endangered/threatened/special concern species prepared by a certified wetlands ecologist.
• A statement by the applicant which indicates compliance with all other applicable local, state, and federal regulations.

The Director of Public Works (DPW) reviews all applications to determine completeness and compliance. The DPW, within three days of notification of the application's acceptance by the USCOE and Wisconsin Department of Natural Resources (WDNR) or expiration of the 20 day review period, notifies the applicant that they can proceed with the proposed development. The same time frame also applies to rejection of the application.

SAMP Development permits are valid for 24 months from the date of issuance. The applicant can also request an extension of a maximum 24 additional months by applying within 30 days of the permit's expiration date.

RESULTS:

The submitting party reports that wetland fill permits are now available through the city in 20 days instead of the usual one year or more. Mitigation is inexpensive and monitored, then modified if necessary to assure functional replacement wetlands. Valuable wetlands are preserved and development is occurring in the city.

EVALUATION BY STREAMLINING COMMITTEES:

Advantages

• Classic example of a win-win situation due to the cooperative effort at all levels;
• Mitigation efforts are tested for effectiveness;
• Critical wetlands are saved while development goes on;
• Creative use of an existing process;
• Well defined procedures that save time;
• Potential applicability to other permits.

Drawbacks

• May be other regulations, such as flood plain, that have not been specified;
• The model is only specific to wetlands;
• Possibility of continued duplication;
• Upgrading costs are unknown;
• Political pressure and influence could affect local decisions;
• Technical workup is the responsibility of the local government-- requires special training;
• Cooperative effort is at risk if the participants change.

The Streamlining Committees designated this program as a streamlined model with the following modifications:

• Include other issues such as flood plain, environmental, and licensing issues;
• If warranted, simplify forms and eliminate duplication;
• A state will want to look at the roles of state agencies to assure that the list is all inclusive;
• Use of GIS would enhance the application process.

The Committees also commented that this would serve as an excellent model in areas where wetlands have already been identified, as well as areas where local government is willing to identify wetlands in order to develop a comprehensive approach to wetlands management.

IMPLEMENTATION:

This program was adopted through administrative and legislative actions by the City of Superior. Implementation was made possible by a cooperative effort involving the U.S. Army Corps of Engineers, Environmental Protection Agency, Wisconsin Department of Natural Resources, U.S. Fish and Wildlife Service, the Wisconsin Historic Preservation Office, and the City of Superior.

FOR MORE INFORMATION OR ASSISTANCE IN CONSIDERING THE USE OF THIS MODEL, PLEASE CONTACT:

Jeff Vito
Director of Public Works, City of Superior
1407 Hammond Avenue
Superior, WI 54880
Phone: (715) 394-0335
FAX: (715) 394-0346

Or NCSBCS STAFF:
Carolyn Fitch
National Conference of States on Building Codes and Standards
505 Huntmar Park Drive, Suite 210
Herndon, VA 20170
Phone: (703) 437-0100
FAX:    (703) 481-3596
Email: cfitch@ncsbcs.org