A Case Study of Form-Based Solutions for Watershed Protection

Despite an array of policies at the federal and state level aimed at regulating stormwater discharges, engineered solutions enforced by local governments often fall short of meeting water quality standards. Although the implications of land use planning and development regulations are important for stormwater management, they are often overlooked as critical initial steps to improving water quality. This study explores the role of ‘form-based’ regulations as tools for achieving urban planning and water quality objectives. Form-based codes are a new generation of development codes aimed at regulating urban development based on urban form and density, rather than land use. We present an exploratory case study of the feasibility of form-based codes in the Jordan Lake Watershed in North Carolina, a rapidly growing region where fragmented local governments face stringent nutrient reduction standards under new state regulations. Through program analysis and interviews, we explore the viability of form-based codes for reducing development impacts on Jordan Lake’s water quality. We consider the legal feasibility of code enforcement, regional and local barriers and opportunities, and implementation given existing regulatory frameworks. Our findings suggest that high quality information and data modeling are foundational to gaining support for a consensus agreement on the sources and degree of water quality impairment. Furthermore, implementing form-based solutions for water quality is greatly aided by (1) experienced regional planning bodies that have regulatory authority, and (2) local governments whose staff are experienced in implementing complex development ordinances, reviewing architectural renderings, and communicating development requirements with the public and developers.