Watershed Wide Flood Retention



Existing Management EffortsThe City of San Marcos and Texas State University have multiple on-going efforts to mitigate stormwater, protect water quality, promote green infrastructure and LID and educate the community about best practices to prevent pollution throughout the watershed. Programs are implemented through City and University participation in the Edwards Aquifer HCP and MS4 permits, among other efforts. Hays County and several City departments work to promote best practices for mowing, land management, preserving riparian areas, best construction practices, water conservation and other important watershed protection activities. Nongovernmental partners, such as the San Marcos Greenbelt Alliance and the San Marcos River Foundation are active in restoring riparian areas and improving water quality. The San Marcos River Foundation, the Meadows Center for Water and the Environment, and many local land conservation based organizations are working to conserve and manage land critical to watershed function. Still many others are promoting education and community involvement in watershed protection.This document seeks to capture as many of the structural management measures as possible, although others may have been added since the drafting of the Plan. Additionally, efforts related to updating ordinances, technical manuals, installing new best management practices, improving education programs and land conservation are planned in the near future. As many as possible are listed in the Plan. This information will be updated on a regular basis. Examples of existing measures are provided in REF _Ref415481601 \h Table 1. More detailed information is provided below in additional tables.Table SEQ Table \* ARABIC 1. Examples of Existing Structural Management PracticesTexas State UniversityCity of San MarcosHays CountyPrivate*BiofiltrationXDisconnected Impervious CoverXRain GardensXDetention Pond (concrete or grass)XXXStormwater ControlXXFilter StripXXWater Quality StructureXXGrass SwaleXGabionXPorous Paver Parking LotXCistern (Above and In-ground)XWatershed Wide Flood RetentionThe Natural Resource Conservation Service (NRCS) built three flood retention structures in the Sink Creek watershed and two flood retention structures in the Purgatory Watershed ( REF _Ref384651853 \h \* MERGEFORMAT Figure 1). These impoundments, built in the 1980s, were installed to reduce the amount and frequency of runoff during severe rain events (Saunders et al., 2001). While these structures proved effective at reducing the amount of initial runoff entering the river, they currently do not eliminate downstream flooding. The initial pulse from peak stormflow has decreased over the last forty years due to the presence of the flood-control structures in the watershed and has led to the aggradation of the river. The structures also have had a significant impact on the routing of nonpoint source pollutants across the watershed and into the aquifer.Figure SEQ Figure \* ARABIC 1. NRCS Flood control structures in Purgatory and Sink Creek watersheds (NRCS, no date)Detention ponds in the watershed also impact flooding and may alter the level of pollutants entering tributaries and the river via stormflow as some sediment and nutrients may settle out of stormflows captured in ponds. Flood control structures, detention ponds and impervious cover are shown at the sub-basin scale below in Figures 2-5. Figure SEQ Figure \* ARABIC 2. Sink Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover Data, 2013)Figure SEQ Figure \* ARABIC 3. Sessom Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover Data, 2013)Figure SEQ Figure \* ARABIC 4. Purgatory Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover/Capital Improvements Data, 2013)Figure SEQ Figure \* ARABIC 5. Willow Springs Creek watershed detention ponds and flood control structures (City of San Marcos Land Cover Data, 2013)Existing City of San Marcos Management Practices REF _Ref467240528 \h \* MERGEFORMAT Table 2 provides list of structural BMPs that the City of San Marcos has implemented and continues to maintain. Table SEQ Table \* ARABIC 2. Existing City of San Marcos structural management practices (as of 2015)ID #TypeLocationMaterialYear Installed63Detention PondWestover ImprovementsEarthenUnknown78Detention PondRiver Ridge Part 2EarthenUnknown113Detention PondHolland & N LBJOtherUnknown148Detention PondSunset AcresEarthenUnknown151Detention PondHills of HaysEarthenUnknown15Detention PondFire Station Hunter RdEarthenUnknown33Detention PondSenior CenterEarthenUnknown39Detention PondHummingbirdEarthenUnknown175Detention PondCraddockEarthen2006143Detention Pond2001 N. BishopEarthenUnknown27Detention PondWillow Springs ParkEarthen2001122Detention PondAirportUnknownUnknown146Detention PondPost RdEarthen/Sand Filter200899Detention PondGary Sports ComplexUnknown20131281Detention PondRattler RoadEarthen2014117Detention PondGary Sports ComplexUnknown2013126Detention PondSan Marcos High School Band PadEarthen2003165Detention PondSan Marcos CISD Dezavala Elem AdditionEarthen2005169Detention PondSan Marcos CISD High SchoolEarthen2005173Detention PondSan Marcos CISD High SchoolEarthen2005WQD1Stormwater SystemAQUARENA SPRINGS DR/UNIVERSITY DRVortechUnknownWQD6Stormwater SystemAQUARENA SPRINGS DR/UNIVERSITY DRVortechUnknownWQD8Stormwater SystemAQUARENA SPRINGS DR/UNIVERSITY DRVortechUnknownWQD5Stormwater SystemAQUARENA SPRINGS DR/UNIVERSITY DRVortechUnknownWQD10Stormwater SystemAQUARENA SPRINGS DR/UNIVERSITY DRVortechUnknownWQD11Stormwater SystemAQUARENA SPRINGS DR/UNIVERSITY DRVortechUnknownWQD4Stormwater SystemRIVER RD/AQUARENA SPRINGS DRStormcepterUnknownWQD2Stormwater SystemW SAN ANTONIO ST/FREDERICKSBURG STVortSentryUnknownWQD3Stormwater SystemDAVIS LN/RIVER RDStormcepterUnknownWQD9Stormwater SystemCLYDE ST/ALLEN STStormcepterUnknownWQD7Stormwater SystemDELMAR ST/ALLEN STStormcepterUnknownN/AWeir SystemUnknownUnknownUnknownN/ARoadside Ditch NetworkUnknownEarthenUnknownN/AAbove Ground CisternsNew Fire StationsUnknownUnknownN/ABiofiltrationCM Allen Parkway at HutchisonEarthen2015N/ADisconnected Impervious CoverHutchison St.Earthen2015N/ARain GardensHunter RoadEarthen2015Existing Texas State University Management PracticesTexas State University’s structural BMPs are shown in REF _Ref426029271 \h \* MERGEFORMAT Figure 6 and listed in REF _Ref467240614 \h Table 3. The campus is also an official “Tree Campus” and has a Tree Care Plan in place which promotes proper species selection that allows for tree diversity with attention to native species as identified in the Texas State Plant Palette. The Tree Care Pan also protects high-value trees during construction and renovation projects, when feasible, and ensures that trees are reasonably replaced when there is mortality due to weather, pest infestations, injury, or construction displacement. Finally, the Plan promotes tree health and safety by utilizing best management and maintenance practices.Figure SEQ Figure \* ARABIC 6. BMPs on the Texas State University CampusTable SEQ Table \* ARABIC 3. Texas State University BMPs for stormwater (Texas State University, n.d.)NameStructure TypeDescription/CommentsAssociated WithRoutine Maintenance (a) FS-1-01Filter StripNext to Presidents houseAcademicRoutine mowing by Texas State grounds DP-1-01Detention PondPond in front of San Marcos HallRes LifeRoutine mowing by Texas State grounds WQS-1-01Water Quality StructureNext to DP-1-01 & Kappa Alpha HouseAcademicRG348 Recommendations, Section 3.5.6 DP-1-02Detention PondBy Glade theater, in front of HarrisAcademicRoutine mowing by Texas State grounds SW-1-01Grass SwaleExtreme West Campus, by Long HouseAcademicRG348 Recommendations, Section 3.5.7 RP-1-01Retention PondNext to Ranch Road 12AcademicRG348 Recommendations, Section 3.5.5, no irrigation component GB-1-01GabionNext to Ranch Road 12AcademicRG348 Recommendations, Section 1.4.6 ST-1-01StormTrooper ?Underneath Speck Street GarageParking ServicesManufacturer's reference manual (b) FS-1-02Filter StripIn between Mitte and SuppleAcademicRoutine mowing by Texas State grounds. Also RG348 Section 3.5.8 DP-1-03Concrete Detention PondOn South Side of DHRLRes LifeRG348 Recommendations, Section 3.5.6. PP-1-01Porous Paver Parking LotResearch Greenhouse on North StreetAcademicRoutine mowing by Texas State grounds RC-1-01Above ground cisternResearch Greenhouse on North StreetAcademicInspect piping, gutters and tank. Make necessary repairs and remove any accumulated debris. DP-2-01Detention PondUnder San Jac parking garage. Pipe discharge outsideParking ServicesRG348 Recommendations, Section 3.5.6. Confined space. DP-2-02Detention Pond"Upper Co-Gen Pond" Behind CogenAcademicRG348 Recommendations, Section 3.5.6. Also replace/repair velocity dissipaters at inlet to pond and rock gabions/silt fence in the pond. ST-2-01StormTrooper ?Underneath Matthews Street GarageParking ServicesManufacturer's reference manual (b) RC-2-01Inground cisterns (4)On West side of PACAcademicManufacturer's reference manual (c*) RC-2-02Inground tank cistern (1)In center of NCHCRes LifeManufacturer's reference manual (c*) DP-3-01Detention PondNext to Freeman Aquatic BuildingAcademicRG348 Recommendations, Section 3.5.6. Wet pond, extra precautions due to close proximity to river. PP-4-01Porous PaverNext to Salt Grass ??Replace damaged pavers, level any areas showing subsidence using sand and paver replacement as necessary. WQS-4-01Water Quality StructureNext to Salt Grass ??RG348 Recommendations, Section 3.5.9 for Sand Filters PP-4-02Porous Paver Parking LotAt River House (under construction)??Replace damaged pavers, level any areas showing subsidence using sand and paver replacement as necessary. FS-4-01Filter StripBy Bobcat Stadium End zone, near train tracksAthleticRoutine mowing by Texas State, RG348 recommendations on concrete/rock outfalls (similar to Section 3.5.6). SW-4-01Grass SwaleNext to Aquarena Springs AthleticRG348 Recommendations, Section 3.5.7. DP-1-04Grass Lined Detention PondOn Southeast side of CRC Site -McCarty LaneAcademicRG348 Recommendations, Section 3.5.6. a) TCEQ Complying with Edwards Aquifer Rules: Technical Guidance on Best Management Practices, RG348. Michael Barrett(b) Remove filter media and power wash annually. Also pump one vacuum truck load (1700 gallons) from the bottom of the inlet chamber to remove accumulated solids. Dispose of water and sludge in an approved Class 2 landfill. Clean trash from catch basins.(c*) Have not received manufactures O&M manual.Existing Private Management PracticesThese management practices are on private property and managed by private entities. Table SEQ Table \* ARABIC 4. Existing private structural management practicesID #TypeLocationMaterialYear Installed20Detention PondBishop's CornerEarthenUnknown71Detention PondPost RdEarthen200844Detention PondRoyal ApartmentsUnknownUnknown45Detention PondRoyal ApartmentsUnknownUnknown46Detention PondRoyal ApartmentsBrick MasonryUnknown47Detention PondStagecoach CenterEarthen200348Detention PondTexas High School Coaches AssociationEarthen200549Detention PondHEB WarehouseunknownUnknown50Detention PondDollar GeneralEarthenUnknown51Detention PondGenlyte Industrial ParkEarthen200452Detention PondHEB WarehouseunknownUnknown53Detention PondWorld GymEarthen200554Detention PondFairfield AptsEarthen200455Detention PondFairfield AptsEarthen200456Detention PondJuvenile Detention CenterEarthen200057Detention PondVillagioEarthen200258Detention PondSan Marcos CARTS Intermodal Transit FacilityBrick Masonry199959Detention PondHill Country Faith MinistriesEarthen200460Detention PondSM Factory Shops Expansion Phase I Stage 2Earthen199961Detention PondMcCoy's RetailBrick Masonry200362Detention PondAccess Storage FacilityEarthen200064Detention PondAccess Storage FacilityEarthen200065Detention PondSuper P.O.P.Earthen200066Detention PondJackson Place AptsEarthen199968Detention PondStone CreekEarthen200869Detention PondCVS PharmacyReinforced Concrete200870Detention PondStone CreekEarthen200872Detention PondRamsay Street HousingReinforced Concrete201073Detention PondThe Groves of San MarcosEarthen200974Detention PondPalazzo Section IIReinforced Concrete200175Detention PondTilson HomesEarthen200176Detention PondTanger OutletsEarthen200077Detention PondR & R RentalsEarthen200079Detention PondLowe'sEarthen200180Detention PondConley CarwashEarthenUnknown81Detention PondVantage AptsEarthen200882Detention PondLowe'sEarthen200183Detention PondRiver Bend DuplexesEarthen200184Detention PondRiver Bend DuplexesEarthen200185Detention PondRiver Place ApartmentsEarthen200186Detention PondSan Marcos Business ParkEarthen200187Detention PondTilson HomesEarthen200188Detention PondTerracoBrick Masonry200890Detention PondBlanco RiverwalkEarthen200891Detention PondSan Marcos Auto OutletEarthenUnknown92Detention PondVillage at Park SouthReinforced Concrete200193Detention PondRBFCUEarthen200794Detention PondWienerschnitzelUnknown200195Detention PondPeachtree LoftsReinforced Concrete201396Detention PondTanger OutletsReinforced ConcreteUnknown97Detention PondGriffith FordEarthenUnknown98Detention PondAutoequip CarwashReinforced Concrete2002100Detention PondAutoequip CarwashReinforced Concrete2002102Detention PondArmed Forces Reserve CenterUnknown2010104Detention PondAlzcareEarthenUnknown105Detention PondCTMCUnknownUnknown107Detention PondStone CreekEarthen2008110Detention PondThe RetreatEarthen2012119Detention PondHunter Road Self StorageReinforced Concrete2003120Detention PondO'Reilly Auto PartsEarthen2002121Detention PondGillman HondaEarthen2002125Detention PondCenterpoint Industrial CenterEarthen2004127Detention PondDaniel's TownhomesEarthen2003128Detention PondHill Country ChurchEarthenUnknown129Detention PondMcCoy's Retail StoreBrick Masonry2003130Detention PondThermal Jet CarwashEarthen2004131Detention PondBlanco River VillageEarthen2005133Detention PondTown CenterEarthen2009137Detention PondDakota Ranch SiteEarthen/SandUnknown138Detention PondJ and R GymnasticsEarthen2006140Detention PondLuby'sEarthenUnknown141Detention PondBison Building MaterialsEarthen2005145Detention PondVan Kleef RV ParkEarthen2002150Detention PondA+ Federal Credit UnionEarthenUnknown152Detention PondAquarena PlazaEarthen2009154Detention PondStone CreekEarthen2008155Detention PondTexas Market TireEarthen2004156Detention PondEducation StationBrick Masonry2003157Detention PondSan Marcos CISD Trans FacilityEarthen2005158Detention PondFranklin SquareEarthen2004159Detention PondTexas Tire MarketEarthen2004160Detention PondH & H IndustrialEarthen2004162Detention PondB & J PharmacyBrick Masonry2009163Detention PondCalvary Baptist ChurchEarthen2005164Detention PondTuttle Lumber CompanyReinforced Concrete2004166Detention PondWalmartEarthenUnknown41Detention PondSaddlebrookUnknownUnknown42Detention PondSaddlebrookUnknownUnknown2Detention PondAspen Heights IIEarthen20123Detention PondGreenpointeEarthen20024Detention PondLindsey Street ApartmentsReinforced Concrete20006Detention PondBlanco RiverwalkEarthen20087Detention PondB & J PharmacyOther20099Detention PondCenterpoint CourtEarthen200710Detention PondWillow CreekEarthen200312Detention PondSan Marcos IIEarthenUnknown13Detention PondWillow Springs Senior CenterEarthen200414Detention PondStagecoach Professional CenterEarthen200016Detention PondRober Madden IndustriesEarthen201217Detention PondBrake CheckEarthenUnknown19Detention PondB & J PharmacyOther200921Detention PondChuck Nash Car DealershipEarthen200222Detention PondCimarron EstatesEarthen199623Detention PondStagecoach Professional CenterEarthen200025Detention PondClovis Barker Rd Ind ParkEarthen200826Detention PondSan Marcos Toyota SiteUnknownUnknown28Detention PondAccess Storage FacilityUnknown200029Detention PondChapman Motor SiteUnknownUnknown30Detention PondJiffy Lube SiteUnknownUnknown31Detention PondHampton Woods SiteUnknownUnknown32Detention PondMystic River SiteUnknownUnknown34Detention PondCarpet Master WarehouseUnknown200435Detention PondWallis Business ParkUnknown200236Detention Pond35 Oaks CenterUnknownUnknown37Detention PondStone CreekEarthen200838Detention PondStone CreekEarthen200843Detention PondSaddlebrookUnknownUnknown167Detention PondCopper BeechEarthen2010168Detention PondStone CreekEarthen2008170Detention PondFuschak'sEarthenUnknown171Detention PondSeventh Day Adventist Church ParkingEarthen2005172Detention PondVision ParkEarthen2005176Detention PondBlanco RiverwalkEarthen200811Detention PondCimarron EstatesEarthen1996123Detention PondRetreat at Willow Creek Ph 1Earthen20131Detention PondAspen Heights IIEarthenUnknown641Detention Pond221 McCartyUnknown20148Detention Pond1705 S IH 35EarthenUnknown18Detention Pond4210 S IH 35EarthenUnknown24Detention Pond5650 S IH 35EarthenUnknown67Detention PondCottonwood (Sam's)EarthenUnknown101Detention PondCottonwood (Sam’s')EarthenUnknown103Detention Pond1011 Wonder World Dr.Reinforced ConcreteUnknown106Detention PondCottonwood (Sam's)EarthenUnknown108Detention PondRiver Road (Walmart)EarthenUnknown109Detention Pond2617 S IH 35EarthenUnknown111Detention PondCottonwood (Sam's)EarthenUnknown114Detention Pond1050 McKinley PlaceEarthenUnknown115Detention Pond4501 Hwy 123EarthenUnknown116Detention Pond1900 Medical PkwyEarthenUnknown118Detention Pond1504 Aquarena Springs Dr.Reinforced ConcreteUnknown124Detention Pond430 StagecoachEarthenUnknown132Detention Pond1053 Clovis BarkerUnknownUnknown134Detention Pond301 TellurideEarthenUnknown135Detention Pond301 TellurideEarthenUnknown136Detention Pond1701 MillEarthenUnknown139Detention Pond301 TellurideUnknownUnknown142Detention Pond1351 SadlerEarthenUnknown144Detention Pond1050 McKinley PlaceEarthenUnknown147Detention Pond500 Parker Dr.EarthenUnknown153Detention Pond301 TellurideEarthenUnknown161Detention Pond4200 S IH 35EarthenUnknown174Detention Pond2410 Hunter Rd.EarthenUnknown961Detention Pond1354 Thorpe LnUnknownUnknown962Detention Pond1354 Thorpe LnUnknownUnknown1601Detention Pond1920 Redwood RdUnknownUnknown149Detention PondWonder World ExtensionEarthen/Sand FilterUnknown179Detention PondWonder World ExtensionEarthen/Sand FilterUnknown177Detention PondWonder World ExtensionUnknownUnknown180Detention PondWonder World ExtensionEarthen/Sand FilterUnknown178Detention PondWonder World ExtensionEarthen/Sand FilterUnknown112Detention PondSWT Student Housing Mill St. AquarenaEarthen20015Detention PondSWT - American Campus on WoodsReinforced Concrete200340Detention PondTSU Research CenterEarthen201289Detention PondSWT Student Housing on AcademyEarthen2001321Detention PondThe GulchEarthenUnknown134Detention Pond301 TellurideEarthenUnknown135Detention Pond301 TellurideEarthenUnknown136Detention Pond1701 MillEarthenUnknown139Detention Pond301 TellurideUnknownUnknown142Detention Pond1351 SadlerEarthenUnknown144Detention Pond1050 McKinley PlaceEarthenUnknown147Detention Pond500 Parker Dr.EarthenUnknown153Detention Pond301 TellurideEarthenUnknown161Detention Pond4200 S IH 35EarthenUnknown174Detention Pond2410 Hunter Rd.EarthenUnknown961Detention Pond1354 Thorpe LnUnknownUnknown962Detention Pond1354 Thorpe LnUnknownUnknown1601Detention Pond1920 Redwood RdUnknownUnknown149Detention PondWonder World ExtensionEarthen/Sand FilterUnknown179Detention PondWonder World ExtensionEarthen/Sand FilterUnknown177Detention PondWonder World ExtensionUnknownUnknown180Detention PondWonder World ExtensionEarthen/Sand FilterUnknown178Detention PondWonder World ExtensionEarthen/Sand FilterUnknown112Detention PondSWT Student Housing Mill St. AquarenaEarthen20015Detention PondSWT - American Campus on WoodsReinforced Concrete200340Detention PondTSU Research CenterEarthen201289Detention PondSWT Student Housing on AcademyEarthen2001321Detention PondThe GulchEarthenUnknownExisting Non-Structural Management MeasuresNon-structural management practices currently utilized in the watershed mitigate land-based pollutants and are summarized below in REF _Ref415493382 \h \* MERGEFORMAT Table 5 . Pleases note that most City of San Marcos regulations are more stringent and go beyond TCEQ requirements.Table SEQ Table \* ARABIC 5. Existing non-structural management practices Management PracticeTexas State UniversityCity of San MarcosHays CountyPrivateSubdivision and Development RegulationsXXStorm Water Plan for NPDES Permit/MS4 SWMP (TCEQ Permit #TXR040485)XXXXPublic Education and OutreachXXXStormwater, Construction and other water quality protection Best Practices and Technical ManualsXXXIntegrated Pest Management and Fertilizer UseXXRecycling and compost programsXXWater Efficient LandscapingXXXXGolf Course ManagementXRegulation of Industrial ActivitiesXXXXWaste Reduction, Recycling, and DisposalXXXSpill Control and ResponseXXXCoal Tar Sealant BanXIncentives Programs: Reuse and EfficiencyXRestoration and management of natural areas and parkland for water quality protectionXXXWatershed Restoration, Rehabilitation and Maintenance (as per HCP)XXXInspection and Rehabilitation of On-Site Wastewater Treatment SystemsXDetecting and Eliminating of Illicit Connections to Stormwater SystemXPrevention of Illegal DumpingXXXOSSF RulesXXTree Care Plan and ordinancesXXPartner Activities and InitiativesIn recent years, several studies and research efforts like the San Marcos Observation System and the Spring Lake Watershed Characterization have resulted in data and information useful to watershed protection planning. Currently there are many overlapping initiatives in the watershed – to reduce flooding, minimize pollution, plan for future development and protect water quality for endangered species ( REF _Ref451781414 \h \* MERGEFORMAT Table 6). Under the umbrella of this WPP, partners have shared data, outcomes and lessons learned. Current and future efforts to protect water quality and minimize nonpoint source pollution are coordinated through and captured to the extent possible in this WPP. Specifically, the watershed protection planning process encompassed efforts, recommendations and outcomes of the Water Quality Protection Plan, City and University comprehensive master planning processes, the City’s Watershed Master Plan and land development code rewrite process (Code SMTX). Although they are separate programs, goals, materials, messaging and milestones were harmonized with City and University Municipal Separate Storm Sewer System (MS4) Programs.Table SEQ Table \* ARABIC 6. Watershed protection and related efforts incorporated in WPPProgram2010201120122013201421052106 2017NotesSan Marcos Observing SystemThe Meadows Center for Water and the Environment (MCWE) study, data reporting systemSpring Lake Underwater Archaeology ProgramMCWE, ongoingSpring Lake Watershed CharacterizationMCWE nonpoint source pollution analysis, initiation of stakeholder processSan Marcos Watershed InitiativeWatershed Protection Plan developmentEdwards Aquifer Habitat Conservation PlanRegional partnership to protect endangered species’ habitat, water quantity and water qualitySessom Creek Sand Bar Removal StudyComponent of HCP, review of sediment removal options San Marcos Water Quality Protection PlanComponent of HCP, plan to protect water quality for endangered speciesSan Marcos Comprehensive PlanRevision of Comprehensive PlanSan Marcos Land Development Code Rewrite, Code SMTXThe Comprehensive Plan called for updated LDCs, including environmental regulationsSan Marcos Drainage Master Plan/Comprehensive Watershed Master PlanPlan to address erosion, flooding and watershed managementTexas Pollution Elimination Discharge System, Texas State University and San MarcosCreation of MS4 regulatory program, efforts ongoingTexas State University Revisions to Construction StandardsRevision of construction standardsTexas State University Stormwater Master PlanStormwater planning to minimize flooding and erosionTexas State University Master PlanUniversity review and update of 2006-2105 Campus Master PlanI. Habitat Conservation Plan The City of San Marcos participates in the Edwards Aquifer Habitat Conservation Plan (HCP), a cooperative effort between the Edwards Aquifer Authority, City of San Marcos, City of New Braunfels, San Antonio Water System, Guadalupe Blanco River Authority (GBRA), Texas State University, Texas Parks and Wildlife Department (TPWD) and the United States Fish and Wildlife Service (USFWS). The HCP is intended to provide assurance that suitable habitat for endangered species will remain in both the San Marcos and Comal Springs. All projects outlined in the HCP are designed to provide overall benefit to the springs systems and the species that inhabit those springs through the three major project categories:Habitat protection measuresFlow protection measuresSupporting measuresHCP activities in the Upper San Marcos Watershed include mitigation and restoration efforts to preserve habitat quality (flow and water quality) for the listed species and include bank stabilization, construction of river access areas, planting riparian vegetation, native trees and shrubs along the river, and the removal of invasive species (EAA, 2016; City of San Marcos, 2013). Information about the HCP is available at . Water Quality Protection PlanThe Water Quality Protection Plan (WQPP) was developed for the San Marcos area to meet the requirements of the HCP (Section 5.7.6) as approved by the USFWS). The area addressed by the WQPP includes the jurisdictional areas of the City of San Marcos (COSM) and Texas State University that drain to critical habitat from surface or ground water sources, as shown in REF _Ref464969902 \h \* MERGEFORMAT Figure 7 below.Figure SEQ Figure \* ARABIC 7. Scope of WQPP and designated zones (RPS and John Gleason LLC)The primary goal of the WQPP is to reduce the water quality impacts of stormwater runoff from impervious cover, otherwise known as nonpoint source pollution. The WQPP team coordinated its recommendations with the Upper San Marcos River Watershed Protection Plan (WPP), COSM Municipal Separate Storm Sewer System (MS4) Program, the COSM Comprehensive Watershed Master Plan and the COSM Comprehensive Plan. The WQPP recommends three primary approaches to improving water quality which include stormwater retrofits as well as programmatic and regulatory enhancements: 1. Stormwater retrofits are used to treat runoff from existing impervious cover and can consist of stormwater basins, vegetated filter strips, pervious pavement, rain gardens, rainwater harvesting, conservation landscaping and other measures. The WQPP identified 98 retrofit sites, then developed and prioritized conceptual designs for 21 sites.2. Program Opportunities (aligned with WPP BMPs):Design Criteria: Adopt design criteria that provide detailed design guidelines for stormwater treatment measures intended to meet the Land Development Code (LDC) standards. Reuse Stormwater for Landscape Irrigation: Reduce landscape irrigation with potable water by implementing water conservation practices and stormwater capture and reuse. Natural Area Conservation: Acquire land and establishing conservation easements to provide water quality and supply benefits in perpetuity. Transferable Development Rights: Direct high intensity development either outside the Planning Region or into preferred growth areas as guided by the LDC. Public Education and Outreach: Expand efforts to increase the public’s understanding of their overall water quality impacts and what can be done to reduce them.Turf Management: Develop a Turfgrass Management System Plan to minimize the potential water quality impact due to fertilizer and pesticide runoff. 3. Recommended regulations that apply in the Edwards Aquifer recharge, contributing and transition zones, as well as the river zone. The WQPP recommends the following stormwater management measures:Reduce stormwater runoff pollutant loads;Minimize creek erosion to enhance habitat and recharge; Maintain or increase rates of infiltration for projects in the recharge zone Reduce potable water use for landscape irrigation III. Municipal Separate Storm Sewer System (MS4) Due to 2010 census results, the City of San Marcos and University are required to have a TCEQ Municipal Separate Storm Sewer (MS4) permit, which is part of the City’s and University’s Storm Water Management Plan. The overall goal of the MS4 Permit is to improve the quality of water that flows into receiving waters and protect the river and its tributaries from pollution. This permit allows training, inspections, and public awareness about the dangers of runoff pollution. Components of the City’s MS4 permit include: ? Public education, outreach, and involvement? Illicit discharge detection and elimination? Construction site stormwater runoff control? Post-construction stormwater management in new development and redevelopment? Pollution prevention and good housekeeping for municipal operations The University’s Stormwater Management Program (and part of the MS4 permit) is a campus-wide initiative to improve the quality of stormwater and is managed by the Environmental Health, Safety & Risk Management office. The storm sewer system is maintained by the Utilities Operations department. Through this effort, the University has launched a robust education and outreach program which includes Stormwater 101 outreach messaging, educational materials, storm drain covers and public events. A Stormwater campaign Facebook page also provides information and resources (). The Stormwater Management Program includes five Minimum Control Measures (MCMs):MCM-1: Public Education, Outreach and InvolvementMCM-2: Illicit Discharge, Detection and EliminationMCM-3: Construction Site Stormwater Runoff ControlMCM-4: Post-Construction Stormwater Management in New Development and RedevelopmentMCM-5: Pollution Prevention/Good Housekeeping for Municipal OperationsThe City’s Stormwater Management Plan can be found at: and Texas State University’s Stormwater Management Policies and Procedures and related resources are listed at: SMTX is an anti-litter campaign designed in conjunction with MS4 activities to prevent trash from washing into the San Marcos River. The City of San Marcos, in partnership with Texas State University, launched the campaign to encourage people to pick up one piece of litter each day and either recycle or properly dispose of it (). IV. City of San Marcos ActivitiesComprehensive Watershed Master Plan: The City of San Marcos Comprehensive Watershed Master Plan will assess creek and river flooding issues, localized drainage problems, creek and river erosion issues, and incorporate water quality protection measures in the development of a 20-year Drainage enhancement/expansion Capital Improvements Program. This effort will also evaluate funding options, consider regional stormwater management program fee-in-lieu opportunities, and provide regulatory input into the ongoing Land Development Code revision process. The plan works in concert with the Guadalupe Blanco River Authority (GBRA) basin-wide floodplain study and the preparation of mitigation alternatives. COSM Comprehensive Plan: Vision San Marcos: A River Runs Through Us, a Comprehensive Master Plan, was adopted by the City of San Marcos City Council on April 16, 2013 following over a year of public outreach and involvement. The Plan directs anticipated growth over the next 30 years towards areas determined most suitable for development based on analysis of existing land uses, available infrastructure, environmental factors and significant public input. The Plan has specific measurable objectives for Economic Development, Environment and Resource Protection, Land Use, Neighborhoods and Housing, Parks, Public Spaces and Facilities, and Transportation. More information is available at: Vision San Marcos: A River Runs Through Us.V. County ActivitiesHays County lends support to two other WPPs that fall within its boundaries and has implemented several best management practices to protect water quality. The County coordinates with the Hays Trinity Groundwater Conservation District (HTGCD) and the Lower Colorado River Authority (LCRA) on activities ranging from drought planning to water supply management. The County also has a recharge land acquisition program in support of its Habitat Conservation Plan efforts.VI. Texas State University Activities Using information garnered from their recent stormwater planning, construction standards revisions and other efforts, the University is revisiting and updating its Master Plan. The final plan, expected in 2017 will be a living document resulting taking into account existing and anticipated conditions, desires, programs, and space demands. It quantifies the campus’ ability to accommodate physical expansion and provide a flexible “blueprint” to guide this growth. A ten year forecast identifies projects the University hopes will be funded over the next decade and additional development also will be reported for a longer time horizon. One of the Plan’s themes is “Natural Environment - Accentuate the unique physical characteristics of the campus and celebrate its natural beauty.” It is anticipated that in some capacity, strategies for managing Spring Lake, the portion of the river that flows through campus and surrounding lands will be addressed in the plan.Laws and Ordinances These laws in City of San Marcos, Hays County, the State of Texas and the Federal Government are related to Water Quality. Please see Addendum 4. for proposed City of San Marcos codes and regulation updates.Table SEQ Table \* ARABIC 7. Laws and ordinances in effect in the Upper San Marcos watershedType of RegulationCity of San Marcos, TX OrdinancesGreywater RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 86 - UTILITIES >> ARTICLE 3. - SEWERS >> DIVISION 5. GRAYWATER SYSTEMSSec. 86.166. - General requirementsGreywater is defined as wastewater from:Showers;Bathtubs;Hand washing lavatories;Sinks not used for disposal of hazardous or toxic ingredients;Sinks not used for food preparation or disposal; andClothes-washing machines.Greywater does not include wastewater from the washing of material, including diapers, soiled with human excreta or wastewater that has come into contact with toilet waste.Builders of private residences:Are encouraged to install dedicated greywater plumbing in new residences in a manner that provides the capacity to collect greywater from all allowable sources; andAre encouraged to design and install a subsurface greywater system around the foundation of new housing to minimize foundation movement or cracking.Design, construction, and operation of a greywater system, including storage and disposal systems, must comply with 30 TAC §210 Subchapter F, this division and requirements of the City's adopted plumbing code.All greywater systems must be reviewed and approved by the chief building official, and permitted through the city's permit center prior to installation.(Ord. No. 2010-39, § 1, 8-3-10)Sec. 86.167. - Residential use of greywaterA residential greywater system may only be used:Around the foundation of new housing to minimize foundation movement or cracking;For gardening;For composting; orFor landscaping at the private residence.The greywater system must not create a nuisance or damage the quality of surface water or groundwater.Residential use of greywater must comply with the following:Greywater usage is limited to less than 400 gallons each day;The greywater originates from the private residence on which it is being used;The greywater system is designed to ensure that 100 percent of the greywater will be diverted to the City of San Marcos wastewater collection system or an approved on-site sewage facility (OSSF) during periods of non-use of the greywater system and the discharge from the greywater system must enter the wastewater collection system through an approved backflow prevention device;The greywater is stored in tanks and the tanks:Are clearly labeled as non-potable water;Must restrict access, especially to children;Eliminate habitat for mosquitoes and other vectors;Are readily accessible for cleaning and maintenance and are able to be cleaned;Meet the structural requirements of 30 TAC § 210.25(i) (relating to Special Design Criteria for Reclaimed Water Systems); andHave a lint trap installed inline prior to the tank.The greywater system uses piping that meets the piping requirement of 30 TAC §210.25;The greywater is applied at a rate that:Will not result in ponding or pooling; orWill not cause runoff across the property lines or onto any paved surface; andThe greywater is not disposed of using a spray distribution system.The installer of the greywater system must advise the owner of basic operating and maintenance procedures including any effects it may have on an OSSF system if the residence is so equipped.Homeowners who have been disposing wastewater from residential clothes-washing machines, otherwise known as laundry greywater, directly onto the ground prior to January 6, 2005, may continue disposing under the following conditions:The disposal area must not create a public health nuisance.Surface ponding must not occur in the disposal area.The disposal area must support plant growth orBe sodded with vegetative cover.The disposal area must have limited access and use by residents and pets.Laundry greywater that has been in contact with human or animal waste must not be disposed onto the ground surface. Laundry greywater must not be disposed to an area where the soil is wet.A lint trap must be affixed to the end of the discharge line.(Ord. No. 2010-39, § 1, 8-3-10)Sec. 86.168. - Industrial, commercial, or institutional use of greywaterGreywater systems used for industrial, commercial, or institutional purposes must be designed to ensure that 100 per cent of the greywater will be diverted to the City of San Marcos wastewater collection system or an approved on-site sewage facility during periods of non-use of the greywater system. The discharge from the greywater system must enter the wastewater collection system through an approved backflow prevention device. AAll greywater systems used for process water must be reviewed, approved and permitted by the city prior to installation.An industrial, commercial, or institutional greywater system may only be used for the following activities:Process water. Greywater used for industrial, commercial, or institutional purposes must be treated to a standard that allows the greywater to be used in operational processes.Landscape maintenance. If greywater is used for landscape maintenance, the greywater must meet the following standardsIf the greywater will be applied in areas where the public may come into contact with the greywater, the greywater must meet the following standards:Fecal coliform, 20 colony forming units (CFU)/100 milliliters (ml), geometric mean; orFecal coliform (not to exceed), 75 CFU/100 ml, single grab sample.If the greywater will be applied in areas where the public is not present during the time when irrigation activities occur or disposed of for other uses where the public would not come into contact with the greywater, the greywater must meet the following standards:Fecal coliform, 200 CFU/100 ml, geometric mean; orFecal coliform (not to exceed), 800 CFU/100 ml, single grab sample.Dust control. If greywater is used for dust control, the greywater must meet the standards in paragraph (2) b. of this subsection.Toilet flushing. If greywater is used for toilet flushing:The fecal coliform levels must meet the limits in paragraph (2)a. of this subsection; andAll exposed piping and piping carrying greywater within a building must be either purple pipe or painted purple; all buried piping installed after the effective date of these rules must be either manufactured in purple, painted purple, taped with purple metallic tape, or bagged in purple; and all exposed piping must be stenciled in white with a warning reading "NON-POTABLE WATER."Other uses. If greywater is used for other similar activities where the potential for unintentional human exposure may occur, the greywater must meet the fecal coliform limits in paragraph (2)a. of this subsectionGreywater used for industrial, commercial, or institutional purposes must be monitored for fecal coliform at least monthly in areas where the public may come into contact with greywater and the records must be maintained at the site. These records must be readily available for inspection by Texas Commission on Environmental Quality and/or the city for a minimum period of five years.(Ord. No. 2010-39, § 1, 8-3-10)Sec. 86.169. - ViolationsIt shall be unlawful for any person or entity to intentionally, knowingly, recklessly discharge greywater in violation of the requirements of this division.In addition to any remedies authorized under section 1.015 of this Code, or any successor provision, the city may seek civil penalties and any other legal or equitable relief for violations of this division available under common law, V.T.C.A., Local Government Code, Ch. 54, or any other applicable city, state or federal code or statute.To the extent allowed by law, the municipal court shall have concurrent jurisdiction over any civil enforcement for violations of this division.Except as otherwise prohibited by applicable laws, the city may suspend or terminate the water service to a customer of the city water system that is in violation of this division.(Ord. No. 2010-39, § 1, 8-3-10)Environmental RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 5 - ENVIRONMENTAL REGULATIONS >> ARTICLE 2: - DEVELOPMENT RELATED TO THE EDWARDS AQUIFER >> DIVISION 7: Buffer and Protection ZonesSec. 5.2.7.1 Buffer ZonesBuffer Zones Established. A buffer zone is established along each minor waterway, intermediate waterway and major waterway in the recharge zone. The buffer zone is 100 feet wide, measured horizontally, along each side of the water quality zone for each minor, intermediate and major waterway.Impervious Cover Limitation. Impervious cover is limited to ten percent of the area of a site within a buffer zone, unless the area has a slope of 20 percent or more. If an applicant obtains approval for a mitigation plan in accordance with subsection (d), impervious cover within the buffer zone on a site, other than in an area with a slope of 20 percent or more, may be increased to 20 percent. In a portion of a buffer zone that has a slope of 20 percent or more, no impervious cover is allowed unless the applicant obtains approval for a mitigation plan in accordance with subsection (d), in which event impervious cover is limited to ten percent. Development standards near floodways. For development in buffer zones adjacent to a 100-year floodplain that is 50 feet or less in width next to a floodway:The ten percent limit on impervious cover is absolute;All drainage from impervious cover in such areas must be directed away from the waterway; and A mitigation plan for the drainage, prepared in accordance with subsection (d) must be submitted for approval. Sec. 5.2.7.2 Sensitive Feature Protection ZonesSensitive Feature Protection Zones Established. A sensitive feature protection zone shall be established around each sensitive feature in the recharge zone. Unless an applicant submits an enhanced geologic assessment of a feature, or enhanced topographic information in accordance with subsection (c) of this Section, the area of the zones shall be determined as follows (all measurements are to be made horizontally):Around a minor recharge feature, the zone shall extend 50 feet around the perimeter of the feature, and an additional 25 feet on the upstream side of the feature.Around a moderate recharge feature, the zone shall extend 100 feet around the perimeter of the feature, and an additional 50 feet on the upstream side of the feature.Around a major recharge feature, the zone shall extend 200 feet around the perimeter of the feature, and an additional 100 feet on the upstream side of the feature.Enhanced Geologic Assessments. If an applicant obtains the Engineering Director's approval of an enhanced geologic assessment, the area of the sensitive feature protection zone for a feature shall be the area identified by the assessment as contributing significantly to recharge through the feature.Enhanced topographic information. If an applicant submits enhanced topographic information for a site, with contour intervals of two feet or less, the sensitive feature protection zone shall be the area within the following distance of a sensitive feature that is identified on the enhanced topographic survey as draining towards the feature:For a minor recharge feature, 75 feet. For a moderate recharge feature, 150 feet. For a major recharge feature, 300 feet.Impervious cover limitations. No development or impervious cover is allowed within a sensitive feature protection zone, except for the following:Fences that do not obstruct surface water flows.Trails and other facilities, other than buildings, for walking, running, or non-motorized bikingOFF- STREET PARKING LOT CONSTRUCTIONSan Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 6 - DEVELOPMENT STANDARDS >> ARTICLE 2: - PARKING >> DIVISION 3: OFF- STREET PARKING LOT CONSTRUCTION >>Sec 6.2.3.2 Flexible Base for Parking AreasGenerally. For off-street parking lot pavements, flexible base shall consist of a foundation course of composed of crushed stone or other stone materials six inches in depth for the surface course or other base courses, and shall be constructed as specified in this Section in one or more courses in conformity with the typical sections shown on plans or grades established by a geotechnical engineer. It should be noted that concrete parking lots may not require flexible base. Material. The material shall consist of argillaceous limestone, calcareous or calcareous clay particles, with or without stone, conglomerate, gravel, sand or other granular materials. The material shall be a graded material that has sufficient fine material to bind the base. Pervious cover materials such as Eco-Crete shall also be permitted. The material sources shall be subject to approval by the Engineering Director. Construction Methods. Immediately before placing the base material, the subgrade shall be checked as to conformity with grade and section. Materials deposited upon the subgrade shall be spread and shaped the same day unless otherwise approved by the Engineering Director in writing. If inclement weather or other unforeseen circumstances render impractical the spreading of the material during the first 24-hour period, the material shall be scarified and spread in a manner subject to approval by the Engineering Director. The material will be sprinkled, if directed, and will then be bladed, dragged and shaped to conform to typical sections as shown on the plans. All areas and "nests" of segregated coarse or fine material shall be corrected or removed and replaced with well-graded material, as directed by the Engineering Director. If additional binder is considered desirable or necessary after the material is spread and shaped, it shall be furnished and applied in an amount subject to approval by the Engineering Director. The binder material shall be spread by harrowing, brooming or other approved methods. When the plans indicate that the ordinary compaction method is to be used, the following applies: The course shall be sprinkled as required and rolled as directed until a uniform compaction is secured. Throughout this entire operation, the shape of the course shall be maintained by blading, and the surface upon completion shall be smooth and in conformity with the typical sections shown on plans and to the established lines and grades. In that area on which pavement is to be placed, any deviation in excess of one-fourth inch in cross section and in a length of 16 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and re-compacting by sprinkling and rolling to avoid ponding of water. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitable material as required, reshaping and re-compacting by sprinkling and rolling. Erosion RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 5 - ENVIRONMENTAL REGULATIONS >> ARTICLE 1: - GENERAL PROVISIONS >> DIVISION 1: GENERALSec. 5.1.1.2 -Erosion Control StandardsStandards for Overland Flow and Natural Drainage:Natural drainage patterns shall be preserved whenever possible. Drainage objectives can best be accomplished by leaving portions of a subdivision in an underdeveloped and natural state and located to receive runoff from the developed areas for purposes of un-channelized, overland flow.The loss of the pervious character of the soil shall be limited in order to prevent erosion and attenuate the harm of contaminants collected and transported by stormwater.Open surface drainage through grass-lined swales shall be utilized if possible.Drainage swales and other areas used for conveying stormwater runoff from developed areas shall be located to avoid sinkholes, faults and fractures to the greatest extent practicable. Construction of enclosed storm sewers and impervious channel linings shall be permitted only when the Engineering Director, on the basis of competent engineering evidence, confirms that the storm sewers or impervious linings are the only justifiable option available. These systems shall be designed to mitigate their impact on water quality through the use of approved control strategies to control sediment, neutralize contaminants and dissipate energy by the use of multiple smaller outlets, whenever practical, by locating discharges to maximize overland flow and by any other strategies that will accomplish the objectives defined and discussed in this Article. Point discharges. Point discharges of runoff shall be dissipated to sheet flow conditions. Necessary stormwater drainage systems and culverts shall be designed to mitigate the impact of erosion and stormwater runoff on water quality through the use of approved control strategies to control sediment and dissipate energy and through the use of multiple smaller outlets whenever practical and by locating discharges to maximize overland flow. Detention pond bottoms must be vegetated.Internal rock berm baffles are required in ponds.Where a separate water quality pond is required under this Article or other applicable regulations, the discharge from the pond must be under a baffle that will trap floating matter in the pond. Suitable access must be provided for maintenance of ponds and sediment pliance with City of Austin Criteria Manuals. Erosion control and restoration measures shall comply with the City of Austin Drainage Criteria Manual and the City of Austin Environmental Criteria Manual. Erosion Prevention Techniques. Erosion prevention techniques, as referenced in the City of San Marcos Technical Manual, City of Austin Drainage Criteria Manual and the City of Austin Environmental Criteria Manual, will be utilized to attain drainage objectives for channelization and overland flow. Park RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 58 - PUBLIC FACILITIES, PARKS AND RECREATION >> ARTICLE 2. PARKSSec. 58.034. Glass beverage containers prohibitedIt is unlawful for any person to possess any glass beverage container in any city park.It is unlawful for any person to possess any glass beverage container in or on the waters of the San Marcos River.Sec. 58.042. Styrofoam products prohibited.It is unlawful for any person to use, carry, dispose, or possess Styrofoam products in any city park or in or upon the waters of the San Marcos River. Styrofoam products include but are not limited to coolers, ice chests, cups, plates, toys, floats, kickboards, rings or swim gear. Styrofoam linings used as floatation devices or dock supports are exempt from this section if fully encapsulated by water-based acrylic or latex coating, or fully enclosed within the structural framework of a boat. Flood Protection RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 39 - FLOOD DAMAGE PREVENTION >> ARTICLE 2. - FLOOD PROTECTION >> DIVISION 1. GENERALLYSec. 39.014. Methods of reducing flood losses.To accomplish its purpose, this article uses the following methods: Restricts or prohibits uses that are dangerous to health, safety or property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage throughout their intended life span; Controls the alteration of natural floodplains, their protective barriers and stream channels, which help accommodate or channel floodwaters; Prevents the construction of barriers which will divert floodwaters and subject other lands to greater flood hazards; andControls development which would cause greater erosion or potential flood damage such as grading, dredging filling, and excavation.Buildings and Building RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 14 - BUILDINGS AND BUILDING REGULATIONS >> ARTICLE 6. - PLUMBING CODE >> DIVISION 2. WATER CONSERVATIONCar WashesSec. 14.121. Car WashesNew conveyer car washes must be equipped with a water recycling system.New in-bay automatic car washes must use water recycling systems, ultra-low-flow spray nozzles or alternative means to achieve fresh water usage of no more than fifty-five (55) gallons per vehicle. New and existing self-service and mobile car washes must utilize positive shutoff device spray wands with a flow rate of no more than three (3) gallons per minute. (Ord. No. 2010-48, 9-7-10) Decorative water featuresSec. 14.123. Decorative water features.New decorative water features must be equipped with a water recirculating system.Existing decorative water features must be retrofitted with a water recirculating system.(Ord. No. 2010-48, 9-7-10) Dining facilitiesSec. 14.124. Dining facilities.New commercial and institutional garbage disposals must be equipped with flow restrictors and solenoid shutoff valves.Existing commercial and institutional garbage disposals must be retrofitted with flow restrictors and solenoid shutoff valves.New commercial and institutional ice machines should be equipped with air-cooled, instead of water-cooled, condensers. If a water-cooled model is used, the cooling system must be equipped with a water recycling system. Pre-rinse spray valves must be equipped with positive shutoff devices and must meet the 1.6 gallons per minute performance standard established under Texas Health and Safety Code Section 372.005. (Ord. No. 2010-48, 9-7-10) On-premises laundry facilitiesSec. 14.125. On-premises laundry facilities.New commercial, industrial and institutional on-premises laundry facilities must be equipped with a water recycling system. (Ord. No. 2010-48, 9-7-10) Landscape irrigation systemsSec. 14.126. Landscape irrigation systems.(a) Landscape irrigation rule. The landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapter A, § 344.1, Subchapter C, §§ 344.30—344.38, Subchapter D, §§ 344.40—344.43 and Subchapters E and F, §§ 344.50—344.65, Texas Administrative Code (effective January 1, 2009), as the same may be from time to time amended, are hereby adopted by reference as the landscape installation irrigation rules of the city. (b) P2609 Landscape irrigation. The International Residential Code, 2009 Edition, as adopted by the International Code Council, Inc., in cooperation with the International Conference of Building Officials and with all local amendments as previously adopted by the City of San Marcos is hereby amended to add Section P2609 to Chapter 26, General Plumbing Requirements and to read as follows: (c) Minimum standards for landscape irrigation systems. The landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapter A, § 344.1, Subchapter C, §§ 344.30—344.38, Subchapter D, §§ 344.40—344.43 and Subchapters E and F, §§ 344.50—344.65 Texas Administrative Code (effective January 1, 2009), as the same may be from time to time amended, are hereby adopted by reference as the landscape installation irrigation rules of the city. (d) Valid license required and exemptions.(1) Any person who connects an irrigation system to the water supply within the city or the city's extraterritorial jurisdiction (ETJ), must hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903, Subchapter F of the Texas Occupations Code, or as defined by Title 22, Chapter 365 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code. (2) A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, § 1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person's home. A home or property owner who installs an irrigation system must meet the standards contained in Title 30, Texas Administrative Code, Chapter 344, Sections: 344.50 (Backflow Prevention Methods), 344.51 (Specific Conditions and Cross-Connection Control), 344.52 (Installation of Backflow Prevention Device), 344.60 (Water Conservation), 344.61 (Minimum Standards for the Design of the Irrigation Plan, except (c)(1) and, 344.62 (Minimum Design and Installation Requirements, except (o). (3) Upon completion of the irrigation system, the home or property owner must prepare and retain an irrigation plan that shows the actual installation of the system. (4) As provided in the Texas Occupations Code § 1903.002 for other exemptions to the licensing requirement.(e) Permit required and exemptions.(1) Any person installing an irrigation system within the territorial limits or extraterritorial jurisdiction of the city is required to obtain a permit from the city. Any plan approved for a permit must be in compliance with the requirements of this chapter. The permit will be issued by the permit center—development services. (2) The permitting requirements do not apply to:(a) An irrigation system that is an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or (b) An irrigation system used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or(c) An irrigation system connected to a groundwater well used by the property owner for domestic use.(f) Backflow prevention methods and devices. All irrigation systems must comply with the adopted City of San Marcos Article 9 - Cross Connection Control And Backflow Prevention Requirements. (g) Water conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation. (h) Design and installation.(1) Irrigation plan design and installation shall meet the minimum standards and rules of the Texas Administrative Code.(2) Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code, shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not on-site, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system. (3) Completion, maintenance, alteration, repair, or service of irrigation systems shall comply with the landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapter A, § 344.1, Subchapter C, §§ 344.30—344.38, Subchapter D, §§ 344.40—344.43 and Subchapters E and F, §§ 344.50—344.65 Texas Administrative Code (effective January 1, 2009), as the same may be from time to time amended. (i) In addition to the requirements under 30 TAC Chapter 344, all new landscape irrigation systems must be designed, installed and operated in accordance with the following requirements: (1) Above-ground emission devices must be attached to lateral lines with flexible pipe or swing joints.(2) Use of shrub risers is prohibited. Surface or subsurface drip irrigation, or low-angle spray heads that direct water to the base of the plant may be used in lieu of shrub risers. (3) Irrigation controllers must be capable of providing multiple irrigation programs, with at least three (3) start times per program. (4) Irrigation controllers must be capable of limiting irrigation frequency to once every seven (7) days and once every fourteen (14) days as per drought restrictions. (5) Irrigation controllers must have a water budgeting feature.(6) Landscape irrigation systems must have a master valve.(7) Zone valves must be equipped with an adjustable flow control.(8) Zone valves must be enclosed in an accessible valve box.(9) Check valves are required where elevation differences may result in low-head drainage. Check valves may be located at the sprinkler head(s) or on the lateral line. (j) All new ICI and multi-family residential landscape irrigation systems must also be designed, installed and operated in accordance with the following requirements: (1) A separate metered water service must be utilized for the landscape irrigation system.(2) Landscape irrigation systems must be equipped with a flow sensor that will automatically shut down the irrigation system during excessive water flows. (3) Landscape irrigation systems must be equipped with a freeze sensor that will automatically shut down the irrigation system when ambient temperatures fall below 32 degrees F. (4) An irrigation system evaluation must be conducted at least once per year, and the results of the evaluation shall be provided to the director. (k) All existing landscape irrigation systems must be retrofitted with a rain shutoff device or soil moisture shutoff device.(l) Existing ICI and multi-family residential landscape irrigation systems must have an irrigation system evaluation conducted at least once per year, and the results of the evaluation shall be provided to the director. (m) Reclaimed water. Reclaimed water may be utilized in landscape irrigation systems if:(1) There is no direct contact with edible crops, unless the crop is pasteurized before consumption;(2) The irrigation system does not spray water across property lines that do not belong to the irrigation system's owner;(3) The irrigation system is installed using purple components;(4) The domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with Title 30, Texas Administrative Code, Section 290.47(i) (relating to Appendices); (5) A minimum of an eight-inch by eight-inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER — DO NOT DRINK" and "AGUA DE RECUPERACION — NO BEBER"; and (6) Backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the city's water provider.(n) Items not covered by this article. Any item not covered by this article and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, City of San Marcos Plumbing Code and any other applicable state statute or Texas Commission on Environmental Quality rule. (o) Enforcement.(1) The city shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of this code, or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any knowing violation of the elements of this [article] as codified in the San Marcos Code is declared to be a nuisance. (2) The city water purveyor can suspend utility service for any violation of this article.(3) Any person who knowingly violates any provision of this section shall, upon conviction, be fined a sum as provided in chapter 1, subsection 1.015(a) of the San Marcos Code. (4) An offense under this section is a Class C misdemeanor.(5) Nothing in this section shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this section, or any other building code violation, and to seek remedies as allowed by law, including, but not limited to the following: a. Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and b. Other available relief.(6) Whenever a corporation or association violates any provision of this section, the president, vice-president, secretary, treasurer, manager or any agent or employee of the corporation or association who is responsible for the violation shall be subject to the penalty prescribed for the violation. (p) Fees. The city council, by separate ordinance, may create a schedule of fees for obtaining and renewing an irrigation permit. These fees will be in amounts sufficient to cover the city's costs in issuing and renewing the permits, including, but not limited to, staff time and other costs. (Ord. No. 2010-48, 9-7-10) Table SEQ Table \* ARABIC 8.Impervious Cover and Drain age RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 7 - PUBLIC FACILITIES STANDARDS >> ARTICLE 5: - DRAINAGE >> DIVISION 1: STORM WATER COLLECTION AND DRAINAGE CONVEYANCE SYSTEMSImpervious Cover LimitationsSection 7.5.1.4 Impervious Cover LimitationsNo person shall develop land, a tract, a parcel or a lot, requiring compliance with this Article, in the City that has a slope of 15 percent gradient or greater or that has highly erodible soils, as identified in this Section, so as to create impervious cover in excess of 35 percent on slopes from 15 percent gradient to 25 percent gradient or in excess of 20 percent on slopes over 25 percent gradient. The maximum impervious cover percentage requirement shall only apply to those areas on a parcel of land that are not covered with impervious cover as of May 6, 1982. The impervious cover requirement will pertain to all area within the development which is shown to be on 15 percent slope or greater by topographical survey performed by a registered surveyor. Those areas within the development that are not on slopes of 15 percent or greater may be developed to the maximum allowed under applicable laws. Slope contours will be based on existing topography prior to the initiation of grading or fill work at the site.Table SEQ Table \* ARABIC 9.Velocity Attenuation and Surface Drainage ChannelsSection 7.5.1.2 Velocity Attenuation and Surface Drainage Channels Drainage ChannelsDrainage Channels Generally. All drainage channels to be constructed or to be altered for drainage purposes shall conform to the criteria of this Article. Surface Drainage Channels. Surface drainage channels shall be designed to minimize potential erosion and to increase the bottom width to flow depth ratio as follows: Channel cross sections shall be trapezoidal in configuration. Side slopes of channels shall be no steeper than four horizontal to one vertical.For a six-month design storm assuming wet antecedent conditions, channel bottom flow depth shall not exceed four inches and design flow velocity shall not exceed 2? feet per second. All constructed and altered drainage channels shall be stabilized and vegetated as soon as practicable after final grading.The Director of Engineering may allow exceptions to the design flow velocities or depths in the following situations in conformance with the purpose of Section 5.3.2.5 On lands with greater than 15 percent slope, provided that the design flow velocity shall never be greater than three feet per second. In limited transitional channel sections (including culverts, culvert entries and exits, drop sections, sharp bends and water quality basin entries).Well RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter 7 - PUBLIC FACILITIES STANDARDS >> ARTICLE 2: - WATER >> DIVISION 1: FACILITIESIndividual WellsSection 7.2.1.3 Individual WellsWithin the City Limits. The provision of water supply to a new development served by individual wells within the City limits is prohibited. Within the ETJ. Individual wells within the ETJ shall be subject to approval by the county health official, and this approval shall be documented by the health official's signature on the water system statement on the plat. The developer must submit with the plat application a certificate from a professional engineer registered in this state or a geoscientist licensed to practice in this state verifying the adequacy of the proposed source of well supply prior to plat pliance with Other Regulations. Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable State rules and regulations, and applicable regulations of groundwater conservation districts. In the event of conflict among these regulations, whichever is the most stringent shall apply. (Ord. No. 2006-45, § 60, 9-19-06) Habitat/Wildlife Conservation RegulationsSan Marcos, Texas, Code of Ordinances >> Subpart A - GENERAL ORDINANCES >> Chapter 58 - PUBLIC FACILITIES, PARKS AND RECREATION >> ARTICLE 3. WATER ACTIVITIESUsing public waters of SpringSec. 58.067. Using public waters of Spring Lake.The public waters of Spring Lake are designated as restricted to the following uses:Sightseeing and excursion boats operated by a person owning or controlling property bordering upon Spring Lake; andArchaeological and scientific projects authorized by a person owning or controlling property bordering upon Spring Lake.It is unlawful for a person to enter or remain within or upon the public waters of Spring Lake for a use or purpose other than those authorized in subsection (a) of this section.(Code 1970, § 16-3; Ord. No. 1995-15, § 1 (16-1), 2-13-95; Ord. No. 2008-14, § 1, 4-15-08)Possessing of or shooting spear guns in San Marcos RiverSec. 58.068. Possessing of or shooting spear guns in San Marcos River; permit required.In this section, the term "spear gun" means any type of device used for propelling a spear, gig or any other type of hand held spear or projectile through water as a means of shooting or taking fish.It is unlawful for any person to possess or shoot a spear gun while in or upon the San Marcos River without a program permit issued by the department.(Code 1970, § 16-9; Ord. No. 1995-15, § 1 (16-5), 2-13-95; Ord. No. 2008-14, § 1, 4-15-08; Ord. No. 2012-17, § 1, 5-1-12)Types of laws and regulationsHays county RegulationsWater and Waste WaterCHAPTER 715 - WATER AND WASTEWATER AVAILABILITYcontents of Chapter 715Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Approval Required §1.04. Water System Classifications and Requirements §1.05. Compliance with Regulations Constitutes No Warranty by County,Sub - Chapter 2 - Administrative Procedures: §2.01. Water and Wastewater Service Plan Required §2.02. Preparation of Water and Wastewater Service Plan §2.03. Contents of Water and Wastewater Service Plan §2.04. Availability Demonstrations Using Multiple MethodsSub - Chapter 3 - Water Availability: §3.01. Applicability §3.02. Items Common to All Water Availability Demonstrations §3.03. Notification for All Developments Utilizing Local Groundwater §3.04. Procedures for Department Coordination with the Applicable Groundwater Conservation District §3.05. Water Availability Demonstrations Using Individual Private Water Wells Producing Local Groundwater §3.06. Additional Requirements for Subdivisions Served by Individual Water Wells Producing Local Groundwater in Priority Groundwater Management Areas §3.07. Water Availability Demonstrations Utilizing a new TCEQ public water supply system §3.09. Water Availability Demonstrations Utilizing Rainwater HarvestingSub - Chapter 4 - Wastewater Service Availability: §4.01. Development §4.02. Items Common to All Wastewater Availability Demonstrations §4.03. Wastewater Availability Demonstrations Utilizing a new TCEQ – permitted wastewater system §4.04. Wastewater Availability Demonstrations Utilizing an existing TCEQ – permitted wastewater system §4.05. Developments to be served by On - Site Sewage Facilities:Source: CHAPTER 725 - STORM WATER MANAGEMENT STANDARDSContents of Chapter 725Sub - Chapter 1 – Applicability: §1.01. Applicability§1.02. Legal Authority§1.03. Approval Required Sub - Chapter 2 - Public Facilities: §2.01. Dedication to Public§2.02. Publicly Maintained and Dedicated Facilities§2.03. Construction of Public Storm Water Management Facilities Sub – Chapter 3 - Design Criteria: §3.01. Design of Storm Water Management Facilities§3.02. Control of Runoff Rate and Volume§3.03. Sizing of Storm Water Management Facilities§3.04. Conveyance of 100 - Year Storm Frequency Flows§3.05. Maximum Headwater Elevation for Roadway Crossings§3.06. Public Safety Considerations§3.07. Identification of Special Flood Hazard Areas§3.08. Completion of Drainage System Prior to Acceptance of Road way Maintenance Sub – Chapter 4 – Areas Subject to Local Water Quality Requirements: §4.01. Compliance Required Developments§4.02. Incorporation by Reference§4.03. Notice of the Storm Water Quality Requirements of Other JurisdictionsSource: 735 - FLOOD DAMAGE PREVENTIONContents of Chapter 735Sub - Chapter 1 – Applicability: §1.01. General Requirements§1.02. Legal Authority§1.03. Findings of Fact§1.04. Statement of Purpose§1.05. Approval Required Prior to Development§1.06. Methods of Reducing Flood Losses Sub - Chapter 2 - Definitions Specific to This Chapter: Sub - Chapter 3 - General Provisions: §3.01. Lands to Which This Chapter Applies§3.02. Basis for Establishing the Areas of Special Flood Hazard§3.03. Establishment of Development Permit System§3.04. Compliance, §3.05. Abrogation and Greater Restrictions§3.06. Interpretation§3.07. Warning and Disclaimer of Liability §3.08. Establishment of Fees Sub - Chapter 4 – Administration: §4.01. Designation of the Floodplain Administrator§4.02. Duties and Responsibilities of the Floodplain Administrator§4.03. Classification of Flood Hazard Area Permits§4.04. Permit Procedures§4.05. Expiration of Flood Hazard Area Permits§4.06. Variance Procedures Sub - Chapter 5 - Provisions for Flood Hazard Reduction: §5.01. General Standards§5.02. Specific Standards§5.03. Standards for Subdivision Proposals§5.04. Standards for Areas of Shallow Flooding (AO/AH Zones)§5.05. Floodways§5.06. Critical Facilities§5.06. Severability§5.07. Penalties for Non – Compliance§5.08. ENFORCEMENT BY POLITICAL SUBDIVISION: Source: 721 - ROADWAY STANDARDSContents of Chapter 721Sub - Chapter 1 – Applicability: §1.01. Applicability§1.02. Legal Authority§1.03. Approval Required Sub - Chapter 2 - Roadway Classifications: §2.01. Basis for Classification§2.02. Country Lane§2.03. Local Roadway§2.04. Urbanized Local Roadway§2.05. Minor Collector§2.06. Major Collector§2.07. Minor Arterial§2.08. Major Arterial Sub - Chapter 3 - Public Roadways: §3.01. Dedication to Public§3.02. Publicly Maintained and Dedicated Roadways§3.03. Construction of Public Roadways§3.04. Connections to Public Roadways under the Jurisdiction of Other Entities Sub – Chapter 4 - Private Roadways: §4.01. General Requirements for Private Roadways§4.02. Criteria for Determining Private Roadway Status§4.03. General Requirements for Maintenance of Private Roadways§4.04. Additional Requirements for Private Roadways to be Maintained by an Association Sub - Chapter 5 - Standards for Regulated Roadways: §5.01. Applicability§5.02. Design Requirements§5.03. Minimum Rights of Way and Building Setbacks§5.04. Design and Construction Standards§5.05. Access to Regulated Roadways§5.06. Commercial Driveways§5.07. Shared Access Driveways§5.08. Coordination with “911” Addressing System§5.09. Speed Limits for Regulated Roadways§5.10. Construction Quality Assurance for Regulated RoadwaysSource: 731 - CONSTRUCTION AND ACCEPTANCE OF MAINTENANCE FOR PUBLIC INFRASTRUCTUREContents of Chapter 731Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Approval Required §1.04. Submittal Requirements for Public Infrastructure Sub - Chapter 2 – Construction: §2.01. Approval Required Prior to Construction §2.02. Interim Authorization for Construction §2.03. Construction Occurring After Issuance of Development Authorization §2.04. Installation of Public Infrastructure Under Public Roadways §2.05. Temporary Construction Erosion Controls §2.06. Development Authorizations within approved Subdivisions §2.07. Construction Changes §2.08. Interim Inspections §2.09. Final Inspection §2.10. As - built Submittals §2.11. Release of Performance Assurance Sub - Chapter 3 - Acceptance of Public Infrastructure for Maintenance: §3.01. Owner’s Maintenance Responsibility §3.02. County Acceptance of Maintenance §3.03. Release of Maintenance Assurance Sub - Chapter 4 - Financial Assurance: §4.01. County as BeneficiarySource: 765 - CONSERVATION DEVELOPMENTContents of Chapter 765Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Designation of Conservation Development Not Required §1.04. Approval Required Prior to Construction §1.05. Purpose and Intent §1.06. Applicability of Other Chapters Sub - Chapter 2 - Definitions Specific to This Chapter: Sub - Chapter 3 - Application Procedures: §3.01. General Requirements and Application Procedures §3.02. Fees Applications for Conservation Developments §3.03. Types of Conservation Developments §3.04. Applicability of Other Chapters §3.05. Supplemental Information §3.06. Communication with Precinct Commissioner §3.07. Pre - submittal Meeting Sub - Chapter 4 - Development Authorization s for Conservation Developments: §4.01. Types of Conservation Developments §4.02. Privation of Incentives Sub - Chapter 5 - Conservation Development Design: §5.01. Conservation Space §5.02. Scenic and Historic Preservation Buffers §5.03. Ecological Assets Management Plan §5.04. Impervious Cover §5.05. Conservation Roadway and Driveway Design Standards §5.06. Requirements for Property Owners Associations Sub - Chapter 6 - Resource Conservation: §6.01. Energy Conservation §6.02. Water Conservation §6.03. Materials Conservation §6.04. Alternative Conservation Standards §6.05. Conservation Effort Verification Sub - Chapter 7 - P referred Development Areas: §7.01. Designation of Preferred Development Areas §7.02. Commercial Development as Conservation Development Sub - Chapter 8 - Conservation Development Agreement: §8.01. Agreement Required §8.02. Agreement Allowed §8.03. Agreement to Run With Land Sub - Chapter 9 - Off - site Transfers for Conservation Development: §9.01. Transfer Commodities §9.02. Origin Sites Within the Jurisdiction of These Regulations §9.03. Origin Sites Outside the Jurisdiction of These RegulationsSource: UseCHAPTER 751 - USE OF COUNTY PROPERTIES OR FACILITIESContent of Chapter 751Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority, §1.04. County Property and Facilities Regulated §1.05. County Property and Facilities Excluded §1.06. Exceptions for Activities in the Normal Course of County Business §1.07. Exceptions for Activities Authorized by Other Jurisdictions Sub - Chapter 2 - Types of Approval s Authorized: §2.01. Minor Permit §2.02. Permits Other than Minor Permits§2.03. Incorporation into Other Types of Permits Sub - Chapter 3 -Regulated Activities and Improvements: §3.01. Construction or Land Disturbance§3.02. Temporary Structures or Facilities§3.03. Permanent Structures or Facilities§3.04. Exceptions for Emergency Conditions Sub - Chapter 4 - General Application Procedures: §4.01. Application Information §4.02. Fees Sub - Chapter 5 - Minor Permits: §5.01. General Requirements and Application Procedures §5.02. Minor Permit Review By the Department §5.03. Contents of Minor Permit Sub - Chapter 6 - Application Procedures for Uses Requiring a Development Authorization: §6.01. General Application Processing §6.02. Communication with Precinct Commissioner §6.03. Written Notice for Certain Uses §6.04. Posted Notice Sub - Chapter 7 - General Requirements for Use: §7.01. Reasonable Use §7.02. In the Public Interest§7.03. Public Health, Safety, and the EnvironmentSource: 755 - LAND USE AND LOCATION RESTRICTIONSContents of Chapter 755Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Compliance Required Sub - Chapter 2 - Definitions Specific to This Chapter: Sub - Chapter 3 - Regulated Activities: §3.01. Location Restrictions §3.02. Regulated Land Uses §3.03. Regulated Access Controls Sub - Chapter 4 - Location Restrictions: §4.01. Location Review §4.02. Approval Required §4.03. Sexually Oriented Businesses §4.04. Construction Adjacent to Regulated Roadways Sub - Chapter 5 - Land Use Regulations: §5.01. Applicability §5.02. Exemptions §5.03. Permit Application Procedures §5.04. Notice Procedures §5.05. Applications and Fees §5.06. Renewal Application Procedures §5.07. Issuance of Permit §5.08. Procedure for Commissioners Court Approval §5.09. Requirements for Operations §5.10. Grounds for Suspension or Revocation of Permit Sub - Chapter 6 - Gated Community Access Control Regulations: §6.01. Applicability §6.02. Exemptions and Exclusions §6.03. Permit Application Procedures §6.05. Technical RequirementsSource: 761 - ECONOMIC INCENTIVES FOR DEVELOPMENT ACTIVITIESContents of Chapter 761Sub - Chapter 1 – Applicability: §1.01. General Requirements §1.02. Legal Authority §1.03. Types of Economic Incentives §1.04. Qualifying Activities §1.05. Combined Activities Sub - Chapter 2 - Application of Economic Incentives By County: Sub - Chapter 3 - Application and Approval Procedures: §3.01. Filing with Application for Development Authorization §3.02. Fees §3.03. Design and Cost Estimate Information §3.04. Inspection Sub - Chapter 4 - Rebate Procedures: §4.01. Documentation §4.02. Structural Improvements Completed in Conjunction with the Initial Development §4.03. Structural Improvements Not Completed in Conjunction with the Initial Development §4.04. Non - Structural Improvements Sub - Chapter 5 - Incentives for Water Quality Protection Features: §5.01. Water Quality Protection Features Encouraged §5.02. Water Quality Protection Design Requirements §5.03. Stream Offsets/Buffer Zones §5.04. Control of Hydrologic Regime §5.05. Non - Structural Best Management Practices §5.06. Structural Best Management PracticesSource: of laws and regulationsState of Texas laws and regulationsAlcoholic Beverages 1. Municipal regulation restricted. The authority of municipalities to regulate the manufacture, sale, distribution, transportation and possession of alcoholic beverages is restricted. See V.T.C.A., Alcoholic Beverage Code §§ 1.06, 109.57.2. Permissible municipal regulation. Municipalities are authorized to:a. Require permit and license fee. See V.T.C.A., Alcoholic Beverage Code §§ 11.38, 61.36.b. Impose location, hours of sale and consumption, and open container and public consumption restrictions. See V.T.C.A., Alcoholic Beverage Code §§ 105.01 et seq. and 109.31 et seq.c. Regulate billboards, electric signs and outdoor advertising. See V.T.C.A., Alcoholic Beverage Code § 108.55.Environmental RegulationsJunked vehiclesJunked vehicles. Municipal ordinances that provide for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance must contain specified provisions. See V.T.C.A., Transportation Code § 683.074.Pest Controla. Municipalities may not license pest control operators. See V.T.C.A., Occupations Code §1951.201.b. The sale and use of pesticides may be regulated and restricted. See V.T.C.A.,Occupations Code § 1951.005(b), (c).Solid Waste1. Containers. A local government may not adopt an ordinance, rule or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in amanner not authorized by state law, (2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a facility owned by the local government, permitted by the state for that purpose in a manner not authorized by state law, or (3) assess a fee or deposit on the sale or use of a container or package. Exceptions include compliance with state or federal requirements and zoning ordinances. (See V.T.C.A., Health and Safety Code § 361.0961.)Discharge Construction Discharge of Laws and RegulationsFederal Laws and RegulationsEnvironmental Laws and RegulationsEndangered Species ActPosting of the act here is impractical so a link to the U.S. Fish & Wildlife Service with the details of the act are provided here: Clean Air ActLink to the Clean Air Act here: Clean Water Act (CWA)Link to the Clean water act here: Wetlands – Clean Water Act section 404Wetlands – Clean Water Act section 404 establishes a permit program to regulate the discharge of dredged or fills materials into the waters of the U.S., including wetlands. Activities exempted from regulation include those associated with on-going, normal farming, forestry, and ranching practices. For example; plowing, seeding, cultivating, minor drainage maintenance, harvesting, maintenance of serviceable structures (dams, dikes, levees, breakwaters, causeways and bridge abutments or approaches, and transportation structures), and construction or maintenance of farm or stock ponds or irrigation ditches, and farm or forest roads in accordance with best management practices. However, such activities are not exempt if the discharge changes the use of the waters (e.g., brings a wetlands into agricultural production), impairs the water's flow or circulation, or reduces the reach of the waters (e.g., converts an agricultural wetlands to a non-wetland area). Prior converted croplands are not waters of the U.S. under Clean Water Act section 404 and Swampbuster. NOTE: Certified wetland determinations made by the Natural Resources Conservation Service for purposes of implementing the wetland conservation (i.e., Swampbuster) provisions of the Food Security Act may not be valid for identifying the extent of Army Corps of Engineers Clean Water Act jurisdiction on a particular site. A farmer should check with the local Corps of Engineers office to verify whether ongoing or planned activities that will result in a discharge of dredged or fill material into wetlands, or other waters of the U.S., are regulated under the Clean Water Act section 404 program. A separate jurisdictional determination may be required by the Corps of Engineers. Likewise, jurisdictional determinations made by the Corps of Engineers for Clean Water Act purposes may not be valid for complying with the Swampbuster provisions of the Food Security Act. Thus, farmers should also check with the Natural Resources Conservation Service before clearing, draining, or manipulating any wet areas on a farmer's land to make sure that benefits are maintained.Animal Feeding Operations (Aquaculture)An aquatic animal production facility such as a hatchery or fish farm that discharges directly is a Concentrated Aquatic Animal Production (CAAP) facility that requires a NPDES permit in certain circumstances. A pond, raceway or similar structure raising cold water aquatic animals (e.g., trout, salmon) is a CAAP if it discharges at least 30 days per year unless it produces less than 9,090 harvest weight kilograms (about 20,000 pounds) and feeds less than 2,272 kilograms (approximately 5,000 lbs.) of food during the calendar month of maximum feeding. A pond, raceway or similar structure raising warm water aquatic animals (e.g., catfish, sunfish, minnows) is a CAAP if discharges at least 30 days per year unless it is a closed pond that discharges only during period of excess runoff or if it produces less than 45,454 harvest weight kilograms (about 100,000 pounds) The EPA Regional Administrator (or State NPDES Program Director) may also designate any aquatic animal production facility as a CAAP is it is determined that the facility is a significant contributor of pollution to waters of the United States.Safe Drinking Water Act (SDWA)(SDWA) As may be applied to farmersRequires provision of drinking water meeting regulations if a farm serves water through pipes or other constructed conveyances to an average of 25 people, or more than 15 service connections, for more than 59 days/year. This may primarily affect farmers with their own source of water (e.g., a well) that provides water for human consumption (e.g. drinking, showering), although this may affect farmers who provide drinking water to workers as well. For the most part, the primary impact will require farms to sample for micro biologicals and nitrate based on a schedule established by the applicable primacy agency (i.e., State or EPA Region). Requires farmers with agricultural drainage wells (Class V) to furnish inventory information to the State. In general, a regulated well is a hole which is deeper than it is wide and into which liquid waste or wastewater is injected. State could require an individual well permit. A farmer cannot inject any contaminant into an underground source of drinking water using a well if the contaminant may cause a violation of any primary drinking water regulation or may adversely affect the health of persons. Underground Injection ControlReferencesCity of San Marcos, 2015. San Marcos, Texas - Code of Ordinances. Assessed from County, Texas. 2001 Hays County Development Regulations. Assessed from Texas Commission on Environmental Quality. 2012. Texas 303(d) List (Category 5). Assessed from States Environmental Protection Agency. 1972. Clean Air Act. Assessed from United States Environmental Protection Agency. 2002. Federal Water Pollution Control Act. Assessed from United States Environmental Protection Agency. No Date. Federal Environmental Requirements for Construction. Assessed from United States Environmental Protection Agency. 2007. Major Existing EPA Laws and Programs That Could Affect Agricultural Producers. Assessed from *** ................
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