Rules to limit erosion from stormwater runoff at large construction sites were introduced at an Oct. 21 Sussex County Council meeting, initiating the public-review process that could lead to adoption.

Council members have been concerned that common construction practices generate runoff that carries silt into creeks, rivers and the Inland Bays. That can harm neighboring properties, wetlands, waterways and wildlife.

While all council members said they wanted to introduce the rules, Councilwoman Jane Gruenebaum officially did so after Hans Medlarz, a county engineer, outlined the proposal.

The county will use data provided by developers to determine how much land can be cleared at a time, whether advanced sediment capture methods will be required and the parameters of some buffers.

There has been increasing attention to the problems of controlling stormwater on construction sites in the past couple of years, said Sussex Conservation District Coordinator David Baird in April, shortly after the idea of creating rules was discussed by council.

Baird said Oct. 23 that his staff was still reviewing the draft, and he did not have an immediate comment. He expected the district will have more discussions with the county and would comment during the county approval process.

The proposed rules, which will be subject to public hearings before the county planning & zoning commission and county council, were drafted by county staff in consultation with conservation district staff.

A key provision of the draft ordinance would limit how much land can be cleared for development at a time. Widespread clearing of land has left it susceptible to erosion and stormwater runoff, county officials said.

The county engineering department will use information provided by developers to determine how much land may be cleared at a time and which methods must be used to capture sediment, Medlarz said.

The formula takes into account the slope of the bare site, the size of the upstream drainage area and distance to tidal waters. Little area west of Route 113 would be affected, Medlarz said.

This calculation and subsequent determinations would be done early in the planning process during a preliminary conference with Planning & Zoning Office Director Jamie Whitehouse, Medlarz said. Whitehouse would consult with county engineers.

The draft rules would also determine parameters of buffer zones used to control runoff.

Council Vice President John Rieley asked who would enforce the rules.

Medlarz said he believes the process will prevent problems and avoid the need for an enforcement process.

“Let's see what happens when we put the technical in place. Is enforcement even needed down the line?” he said, adding later: “I cannot imagine you’re going to be that stupid and ignore the county’s law and make a submission that is not based in our ordinance.”

Design authority for approving erosion control methods at individual construction sites would remain with the Sussex Conservation District, Medlarz said.

The county retains some enforcement authority, he said.

“At the county level, we’ve enjoyed a great working relationship with the Sussex Conservation District,” Councilman Steve McCarron said after Medlarz’s presentation. “I appreciate the efforts of yourself and the county staff. I look forward to hearing from the Sussex Conservation District ensuring this proposed ordinance is agreeable to the district and has their full support.”