How HB 443 will affect stormwater and waste regulations

HB 443 not only affects planning and zoning regulations in Lexington, but also stormwater and waste management.

How HB 443 will affect stormwater and waste regulations

In Tuesday, June 10th's Environmental Quality and Public Works (EQPW) Committee, the Division of Engineering and the Division of Waste Management will present changes to their guiding documents that come as a result of HB 443.

When developers submit a development plan, they have to include in that plan how the site will help stormwater flow into the City’s stormwater system without flooding the area. They also must place the dumpster on a site in a location that is secure and easy for garbage trucks to access.

Due to HB 443’s provisions requiring objective standards (applied ministerially), Engineering’s Stormwater Manual and Waste Management’s Dumpster regulations need minor revisions to replace vague or imprecise language with more measurable language.

The changes to the Stormwater Manual primarily address when developers may have to meet stricter regulations than are typically expected.

  • Currently, the Director of Engineering and the Planning Commission have the ability to require stricter stormwater regulations as they see fit.
  • However, under the revised language, they would only be allowed to impose stricter regulations if there is substantial evidence of a public health, safety, or welfare issue with the plan and the site.

Waste Management’s proposed changes primarily clarify existing standards around where a dumpster needs to be placed, how easy it is for a garbage truck to get to the dumpster, and how the area around the dumpster — including a fence/gate, landscaping, and more — are designed.

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Watch the meeting:
The Environmental Quality and Public Works Committee will meet on Tuesday, June 10th at 1pm in Council Chambers. You can attend in-person or watch live on LexTV.

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