EXHIBIT C

Impact Analysis Report

for the

Amendments to Title 10

Erosion and Sediment Control Regulations

July 1, 2005

Summary of Impact Analysis

Adoption of the proposed Title 10 amendments will:

•  Grant authority to all affected bureaus to initiate changes to the Erosion Control Manual;

•  Expand BDS’s existing Building Code Appeals committee system to review alternative methods of erosion control;

•  Create a volunteer Erosion Control Board to consider appeals of the administrative Building Code Appeals committee decisions;

•  Clarify the number and sequence of required inspections;

•  Simplify permit application requirements for small sites where no problem conditions are identified; and

•  Eliminate the erosion control plan exemption for the use of hand-held equipment, which has proven difficult to administer and enforce.

1.  Purpose/Intent

The project is intended to improve administration and enforcement of Title 10, while simultaneously simplifying the permit requirements for most projects with 500 square feet or less of ground disturbance.

2.  Impacts, Tradeoffs, and Consequences

The proposed code amendments change the authority and responsibilities of the bureaus that administer the code.

Today, only the director of BDS has authority to initiate changes to the Erosion Control Manual. The amendments will grant that authority to the directors of all bureaus responsible for administering the code (BDS, BES, PDOT, Water, and Parks). The director of BDS will remain responsible for initiating any changes to Title 10 itself. This change will not affect the City’s customers.

In addition, BES now is responsible for considering proposals to use erosion control methods that are not included in the Erosion Control Manual (“alternative methods”). Such proposals are rare, and BES has not convened a formal group for this purpose. BDS already has a functioning administrative Building Code Appeals Committee. The proposed amendments will shift responsibility for review of alternative methods to the BDS Building Code Appeals Committee. BDS will also establish a volunteer Erosion Control Board to consider appeals from decisions of the Building Code Appeals Committee. This change will make the appeals process clearer and more efficient.

The proposed amendments clarify the sequence and timing of BDS’s erosion control inspections. The changes bring the code language into line with field practice.

The proposed amendments will also change the requirements for projects with relatively small potential for erosion problems. Today, projects where the ground disturbance is by hand-held equipment need not prepare erosion control plans. These sites must still meet the other code requirements and cannot allow sediment to escape the site. This exemption has provided an incentive for applicants to claim that they are working with hand-held equipment when they are not, and has proven to be difficult to inspect and enforce. The proposed amendments will change the exemption to apply to projects where the disturbance area is less than 500 square feet. This is much easier to identify on plans and to enforce. Sites with steep slopes, environmental zones, or other “sensitive” issues will still be required to prepare erosion control plans, as they are today.

3.  Alternatives Analysis and Regulatory Coordination

The proposed changes result from observations made in the course of implementing this code since its adoption in 2000.

4.  Cost

This proposal does not change the costs for either the City or its customers. No additional staff will be required. The fee for an Alternative Methods Review will be the same as for a Building Code Appeal.

5.  Benefits

The proposed code amendments will improve and strengthen the City’s administration of Title 10 by assigning appeals and reviews to an existing committee. This change will minimize the need for additional staff or procedures. The amendments will also clarify inspections for staff and customers, and will simplify administration of sites with relatively small ground disturbance areas.

6.  Implementation

The regulations will be implemented by existing staff in the Bureau of Development Services.

7.  Evaluation, Performance Measures, and Benchmarks

The proposed amendments arose from the City’s experience in administering Title 10, and are intended to fix minor problems with the code.

The amendments currently proposed are relatively minor and it is difficult to isolate their effects, so no formal plan for evaluation of these amendments exists. City staff will continue to monitor performance of the Code and Erosion Control Manual to evaluate the effectiveness of these changes and to identify any additional changes that may be beneficial.