Ruling Favors Builders
A legal argument about stormwater requirements for new construction in Washington State was resolved last week in favor of builders.
The 2-1 ruling from the state Court of Appeals, Division II, affects a new, federally-mandated drainage code. Instead of adhering to new low-impact design requirements to reduce storm runoff in urban areas, the decision will allow projects to be built under rules in place when permits were submitted, even years earlier.
The new drainage code differs from the old one by requiring lowimpact development whenever feasible. That means more rain gardens, stormwater vaults and permeable pavement for all new development in the county, except those exempted by the court of appeals ruling.