The Branson Planning Commission will meet at 6 p.m. on November 14, 2024, to consider refining and reducing the city’s Land Disturbance Ordinance requirements in Section 94-10 of the Branson Municipal Code again. At its November 7, 2024, meeting, the Commission voted to postpone the public hearing on the issue until November 14, 2024, to provide the commissioners with additional time to consider the changes particularly those eliminating the requirement to get a Land Disturbance Permit, in most cases, for disturbances of one acre or less.
The staff report for this item states, “In 2019, the city added the Land Disturbance Ordinance, now existing in Chapter 94, Zoning. The purpose of this ordinance is to control soil erosion and protect water quality on land undergoing development for non-agricultural uses, and to preserve the natural terrain and waterways of land withinthe city. Development creates additional impervious surfaces and removes valuable topsoil and vegetation, all of which decreases infiltration and increases the rate of runoff and potential for erosion. This process not only causes property damage, but also degrades water quality and obstructs stormwater flows in storm sewers, road ditches and natural water courses, which is why it is vital to promote land preservation and public welfare by guiding, regulating, and controlling the design, construction, use and maintenance of any development or other activity that disturbs or breaks the topsoil, or results in the movement of earth.
“Currently, the City’s land disturbance ordinance requires a permit for ‘any land disturbance activit[y] affecting a total of 3,000 square feet or more of any parcel’. This regulation is stricter than the state minimum of one acre (43,560 square feet), and several requirements in the land disturbance ordinance create a large hurdle for small projects. Certain requirements in the current ordinance can be very costly (such as hiring an engineer and surveyor) and often discourage development. Additionally, the land disturbance code speaks little to final stabilization and long-term maintenance of stormwater Best Management Practices (BMPs), both of which are state requirements.
“Existing code requires a land disturbance permit for projects affecting more than 3,000 square feet. It is proposed that land disturbance permits should only be issued to projects disturbing more one (1) or more acres, which better aligns with state requirements. The proposed ordinance includes language to reflect state requirements regarding stabilization, inspection frequency and long-term operation and maintenance of structural and nonstructural BMPs. Fees were also added to compensate for city staff time spent during plan review and inspections. In addition, the code was restructured to simplify the ordinance and create a logical flow. Ultimately, the purpose of this code revision is to better align the City’s ordinance with state requirements, which will promote development in the city while also protecting the MS4, neighboring residents, and waters of the state from construction site pollution.”
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