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Tuesday, April 10, 2012 3:05 PM

Defining “Impervious”

By: Kaspersen, Janice: Stormwater Editor Comments

Most of us concerned with funding stormwater programs probably agree that stormwater fees are a practical and equitable way to generate money—and we’re also familiar with the many objections that businesses and property owners raise when those fees are put in place.

The predicament of a landowner in Washington state is currently breeding a lot of sympathy—not only from fellow property owners but also from the mayor of the town that’s charging him a fee. His story exemplifies the ways things can get out of hand and how one incident can stir up anti-fee sentiments among the public.

Joel Clark owns a five-acre lot in the town of Easton and, up until a few months ago, had been paying a $41 stormwater monthly fee. In January, he opened his bill to find the rate had increased to $771 a month.

Easton, like many other cities, bases its fee on the amount of impervious surface on a parcel of land; it uses aerial photos to gauge the surface area. (Another—usually simpler but less accurate—way to determine fees is to charge a flat rate for a single-family home or for a certain size lot.)

Clark’s lot is not paved or covered with concrete, but most of it is covered with gravel suitable for parking a variety of vehicles. The city maintains, after a recent review of its photos, that the hard-packed gravel counts as impervious in figuring the fee. The only impervious surface the city previously considered was the roof of the lot’s one building. Clark appealed the ruling but lost; Easton’s public works director says that the county stormwater manual, which the city has adopted, classifies the gravel as impervious and the city has no choice in the fee increase.

To make matters worse for Clark, he’ll now be getting some additional bills for other lots he owns that do not receive utility services. Because Easton’s stormwater billing system is tied to its utility fees, the city had overlooked those other lots, but became aware of them during his appeal.

If your program charges a stormwater fee, how is it determined—and how have you handled any objections you’ve received?

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