AGC Battles For Responsible Development

Friday, March 12, 2010

The Alabama AGC is one of the founding members of the Business Alliance for Responsible Development, an organization that we believe has made a significant difference for our members and the business community as a whole.

Following are a few of BARD’s successes:

• Development and adoption of the Jefferson County Floodplain Ordinance. At the time of its adoption, this ordinance was rated as the most protective ordinance in the nation, proving that you can have reasonable, responsible growth and development while still maintaining maximum protection. Had

BARD not been successful in stopping the opponents’ originally proposed ordinance, approximately 90 square miles in Jefferson County valued at more than $1 billion would not be available for development and/or redevelopment. • BARD won a claim against the Storm Water Management Authority, saving metropolitan land owners approximately $30 million over the 10-year period for which the fee was proposed. At the close of this year, BARD dismissed the remaining count of the lawsuit when SWMA reorganized, dismissing much of its staff and curtailing many of the activities it was not authorized to perform.

• Educated local government officials on the need to have qualified and reasonable appointments to their respective planning and zoning commissions and other offices which directly affect (and potentially hinder) growth and development of the metropolitan area.

• Worked with the Jefferson County Commission and various departments in reviewing the county’s permitting and approval procedure to determine ways to streamline and speed-up the review and approval process.

• Developed a riparian buffer ordinance for adoption by local municipalities. This ordinance was developed in response to a counter ordinance being proposed by area no-growth factions that would have prohibited construction within 300 feet of any stream and, in effect, halted any new or re-development within much of the metro area. Alternatively, BARD’s ordinance allows development near streams as long as proper engineering controls have been implemented, which ensure protection of the stream from construction run-off.

• Finally, BARD has changed the frame of the debate, successfully labeling many of the local and regional environmental organizations for what they truly are – “no-growthers.

Although BARD has experienced many successes since its inception, much remains for it to accomplish. Some of the items on BARD’s agenda for the upcoming year include:

• Local Municipal Separate Storm Sewer System (“MS4”) Programs. In filing the lawsuit against SWMA, it was never BARD’s intent to dismantle regional cooperative efforts that regulate storm water permitting and controls, but to only show that such programs, when done correctly, can be achieved at a lower cost to taxpayers. As such, BARD will begin working with the individual municipalities that decided to withdraw from SWMA, as well as SWMA itself, in developing and adopting regulations that can be adopted region-wide. In so doing, BARD will help ensure that any adopted MS4 programs meet state law while complying with federal Clean Water Act requirements.

• Work with the BirminghamWater Works and Sewer Board in the continued development of its Watershed Protection Policy to ensure that the policy’s requirements are well thought out and scientifically based, while allowing continued development in the Birmingham metropolitan area.

• At the close of 2009, both ADEM and EPA proposed and, in some cases, adopted very stringent and scientifically unfounded construction storm water regulations which will be detrimental to the construction and development community. BARD, in concert with other affected business groups, plans to proactively address these proposed and adopted regulations in 2010 to ensure that these regulatory requirements are justified and comply with both federal and state law.

• Birmingham is the only city of its size in the southeastern U.S. that does not have a functional outer-interstate loop. The construction and completion of the Northern Beltline is one of the most important economic development projects that the Birmingham metropolitan area has had in the last 50 years, and is vital for the continued economic growth and development of the area. BARD will work with the Birmingham Business Alliance, the Coalition for Regional Transportation, and other interests in supporting and supplementing the efforts of the Alabama Department of Transportation in the construction and completion of the Northern Beltline.