Land Use Referrals
One of the statutory powers given to CCBWQA is the ability to review water quality control projects of any other entity within the watershed. Authority review of land use agency referrals is conducted to support local governments’ efforts to implement our special standards. For example, there are additional water quality requirements for areas specifically identified in Regulation 72 as Stream Preservation Areas. These areas include Cherry Creek Reservoir, all of Cherry Creek State Park, surface drainage and discharges to the Park within 100 feet of the Park boundary, lands overlying the Cherry Creek 100-year floodplain, and all lands within the 100-year floodplain of Cherry Creek tributaries. Other unique requirements include construction and post-construction stormwater control measures for developments and redevelopments with less than one acre of disturbance, whereas stormwater requirements are typically triggered at one acre of disturbance or more in other urbanized areas in Colorado.
Beginning in 2023, CCBWQA deferred most of the land use referral reviews to local governments, but continues to provide technical support and review if requested by the local government. CCBWQA decided to make this change in 2023 due to the integration of clear, specific and measurable stormwater requirements related to Regulation 72 into applicable MS4 permits in the basin, along with local government experience in implementing these requirements. In 2023, CCBWQA replied to 227 land use referral reviews with a standard acknowledgement deferring to the local government’s review. A technical review was also provided as requested for several of those projects.