Recent research has found that urban sprawl - the dispersed, low density development surrounding cities - can exacerbate non-point source pollution by converting absorbent open space into compacted lawns, and increase the amount of impervious driveways, parking lots, and roads. Urban and rural sprawl can adversely affect water quality by increasing polluted runoff and flooding, and by reducing forest land and wetlands.

Nationally, the consumption of land is the signature effect of urban sprawl. For example, between 1970 and 1990, the Chicago region's population grew by 4%, but its land area increased by 50%; Kansas City's population grew by 29% while its land consumption was 110%. A study commissioned by the New Jersey Legislature concluded that low-density development consumed 130,000 more acres than a more compact urban form would have, at an additional cost of $740 million for roads and $440 million for sewer and water infrastructure. The unnecessary conversion of land to urban use inevitably has water quality impacts, some of which are irreversible.

In Seattle, development around Puget Sound has been blamed for the polluted water and habitat destruction that have decimated local salmon runs. Development in Maryland will devour as much land over the next 23 years as it has since the state was established, while consuming 500,000 acres of forests and farmland, and will pose enormous threats to water quality in Chesapeake Bay.

Using the Clean Water Act

Water quality standards

Identify the existing and designated uses downstream from urban, suburban or rural construction sites, including roads and sprawling development. What uses are the most sensitive to polluted runoff from construction sites, overly graded and paved subdivisions, and strip malls? What are the narrative and numeric criteria to protect those uses? Important criteria to check include sediment (total suspended solids), heavy metals, petroleum by-products (PAHs), pesticides, fertilizer, temperature, bioaccumulative toxic pollutants, biological criteria, and narrative habitat criteria related to the erosion from the accelerated runoff. Evaluate whether the standards are stringent enough to protect or restore existing and designated uses.

303(d) list of impaired waters

Do the waters downstream from construction sites or sprawling development in your watershed support uses and meet water quality criteria? Are they likely to in the near future given development plans and pressures? If not, make sure they are on the 303(d) list for the appropriate pollutants, problems and threats.

NPDES point source discharge permits

NPDES permits for stormwater pollution are required of many municipalities, industrial operations and construction sites of one acre or more. Check with your state agency about the stormwater pollution permits in your watershed.

Antidegradation

Before states can issue stormwater permits that will degrade water quality, an antidegradation analysis must be performed and be subjected to public review. In this analysis, the state must examine whether all existing uses are being protected, whether all outstanding waters are being strictly protected, and whether all alternatives are being considered with respect to their social and economic impact.

Total Maximum Daily Loads

Is there a TMDL in progress in your watershed? Are poor development practices and sprawling land-use patterns included as sources of the impairments? Does the TMDL consider future growth? Have changes to the stormwater permits and management plans been included in the TMDL implementation plan? If not, encourage your agency to include them.

Section 404 wetland permits

Section 404 of the Clean Water Act requires permits for any dredging and filling in "waters of the U.S." Filling a wetland before development and constructing a crossing over a waterway both require a 404 permit. This permit requires public input on the questions of need, alternatives and cumulative impacts. All projects are required to avoid impacts whenever possible, minimize impacts if they are unavoidable, and mitigate for any necessary impact. If the permit is issued, the type of mitigation required is also subject to public comment.

Section 401 water quality certification

Section 401 requires state water quality certification for federally permitted and licensed activities that may result in discharges to water. If water quality standards (especially specific wetland criteria) may be violated by filling a wetland or constructing a waterway crossing, raise those concerns during the public review of the state certification process.

Section 319 nonpoint source pollution control

This section of the Clean Water Act authorizes money to the states for projects that address nonpoint source pollution. In recent years, 319 money has been available to municipalities to develop stormwater programs. Ask your state water quality agency about 319 grants and how you can apply for one to reduce stormwater problems in your watershed.

State Revolving Fund

Those loan funds have historically been directed almost exclusively to sewage collection and treatment projects. Encourage your local and state officials to direct these funds to "non structural" wastewater and stormwater management. Discourage their use for projects such as unneeded expansions of sewer service to areas that have the effect or encouraging and subsidizing sprawl.

Using other laws

Local land-use laws

Check your state land-use laws and local ordinances. Look for zoning requirements in your watershed that would preclude low density development, or commercial/industrial development in certain places because of the risks they pose to human health and natural resources.

Safe Drinking Water Act

Is the surface or groundwater downstream from new construction or development used or designated for drinking? Identify the risks and talk to the agency in charge of developing the source water assessment for your watershed. Be sure that the pollution risks to drinking water sources from poor development and sprawl are included in the assessment.

Endangered Species Act

Are there threatened or endangered species in your watershed? If so, you have another tool for protecting against the damaging effects of poor development and sprawl. The Endangered Species Act (ESA) prohibits any activity that would result in harmful impacts to the species or its habitat, otherwise known as a "take".

More Information

U.S. EPA's Smart Growth Program: www.epa.gov/smartgrowth/

Funders' Network for Smart Growth and Livable Communities: www.fundersnetwork.org

South Carolina Coastal Conservation League: www.scccl.org

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