Clallam County Planning Commission's Proposed
Stormwater Management Ordinance- Comments to the Commissioners
TO: County Commissioners, Chapman, Doherty and Tharinger
RE: Proposed "stormwater" ordinance
Having read portions of your proposed ordinance but lacking the time
to digest the
entire 29 pages, I have a few short comments:
1- It is supposed to be about Stormwater handling, but exempts
Clallam County
activities from any requirement to comply. Doesn't storm water run
off roads, parking
lots, buildings etc owned by the county? Government should abide by
the same rules
it imposes on the public - otherwise, change the stated purpose to
what it really is
-Control of the public!
Clallam County recently installed a culvert in the county road that
directs road
runoff directly down my driveway. The proposed ordinance does nothing
to
prevent or modify such actions. That is STORMWATER!
2-- County Liability
Exemption of the county from liability. If the county is going to dictate
what is done,
it will be liable for the results and many judicial decisions have
thrown out such
exemptions - as they should. That passage should be removed from the
bill. Get into
the real world folks.
3- Trespass on private property
The language here is pretty vague, but it appears to authorize county
officials to
enter on to private property at any time (?) That would appear to be
an unconstitutional
"taking" of the property. What's wrong with arranging for an inspection
while the property
owner is there? I personally have experienced county officials entering
my property and
using it for purposes I did not authorize which worked out to my detriment.
This is and
should remain illegal. A "permission" forced as a prerequisite
for issuing a permit is not
freely given.
4- Land disturbing Activities
Turning over a shovelful of dirt is a "Land disturbing activity".
5- Vagueness of language
The whole proposition is couched in language so vague that it would
appear to
authorize anything a county officer should choose to dictate. It should
be discarded and first,
a study should be done to determine if there is some specific problem
relating to stormwater
that s not covered by current law. If so,
(And I don't believe it is so)
then a specific law should be drafted to cover that specific situation.
This appears to be
just a law to further restrict anyone who wants to do anything that
disturbs some dirt. To
add more county employees and increase the cost and limitations to
any kind of
development.
Sincerely,
________________________
J. Marvin Chastain
marv@marvchastain.com
928-3154
Commissioners' response as of 12/30/03 SILENCE!