Leveraging Waterfront Revitalization for MS4 Compliance
By: Angelica Apolinaris | Project Environmental Planner at H2M architects + engineers
This article originally appeared in the April 2025 issue of Municipal Matters, the official publication of the New York State Conference of Mayors.
The State of New York identifies and regulates over 500 villages, towns, cities, counties, and special districts as municipal separate storm sewer systems, or MS4s. These MS4s can be loosely defined as conveyance systems comprising roads, catch basins, curbs, gutters, and other infrastructure elements that are publicly owned or operated.
The U.S. Clean Water Act requires municipalities bearing this designation to comply with the New York State Department of Environmental Conservation’s regulations by preparing and implementing a storm water management program (SWMP) plan.
The ultimate goal of these MS4 requirements is to identify where stormwater runoff is conveyed following a rain event, which can enhance a municipality’s ability to respond to crises such as chemical spills and flash floods. SWMPs are vital tools for safeguarding surface water features, protecting residents and their property, and preserving key infrastructure. However, preparing a SWMP plan can be an expensive and time-consuming endeavor, and there is minimal funding in place to support many of the tasks required for the MS4 permit.
However, a second New York State initiative, known as the Local Waterfront Revitalization Program (LWRP), can be leveraged to both fund and enhance stormwater management efforts, allowing MS4s to meet their regulatory obligations while improving their waterfront properties for residents and visitors alike.
What is the Local Waterfront Revitalization Program?
The LWRP is a program offered by the New York State Office of Planning and Development to provide funding and technical support for the redevelopment of underutilized waterfronts and expand public access to bodies of water.
Like the MS4 program, the LWRP was designed with the goal of improving water quality, increasing recreational use of waterways, promoting green infrastructure in development projects and areas with drainage issues, and preserving both tidal and freshwater wetlands and the ecosystems they house.
However, unlike the MS4 program, the specific priorities of a municipality’s LWRP is locally defined. Once an LWRP is approved, the municipality is eligible for implementation funding through the New York State program, including a myriad of funding opportunities such as grants, loans, stormwater utility fees, and private-public partnerships. This means that, where there is overlap between MS4 and LWRP objectives, municipalities can use LWRP funding to meet various MS4 goals.
Where do MS4 and LWRPs overlap?
MS4 requirements and LWRP goals overlap in several key areas, including:
Stormwater Inventory Management:
The MS4 permit requires municipalities to provide a thorough inventory of municipal stormwater infrastructure elements such as outfalls, catch basins, gutters, and more. The LWRP more broadly emphasizes the municipality’s role in protecting waterfront resources. To evaluate risks of potential illicit discharge from its storm sewer system, a municipality requires basic information about impermeable infrastructure, such as bridges and roads, that could contribute to harmful runoff flowing into revitalized waterfront areas.
Information on impermeable infrastructure is therefore beneficial to both the LWRP and the MS4 permit applications, as these infrastructural elements are usually a part of the conveyance systems that municipalities have to catalogue and map for MS4 compliance.
Erosion and Sediment Control Planning:
The goal of an erosion and sediment control plan is to identify and mitigate the risk of runoff of soil and other particulates from construction sites. MS4 permits require municipalities to develop ordinances and strategies for preventing runoff from both construction and post-construction sites for development projects that disturb at least one acre of land. Likewise, a municipality’s LWRP may identify and recommend relevant local land use and development controls, including regulations related to stormwater management and erosion and sediment control.
This is particularly important for coastal areas looking to increase waterfront development, where projects sitting at sea level or sub-sea level elevations may face imminent sea level rises that would contribute to the spread of sediment into runoff conveyances. Comprehensive erosion and sediment controls help ensure that meaningful economic development does not come at the cost of a community’s natural resources.
Green Infrastructure:
The MS4 program already encourages the implementation of green infrastructure—native plantings, such as trees, shrubs, and grasses—that can create a useful buffer for stormwater runoff by filtering out harmful pollutants before they reach local water bodies. Green infrastructure is an integral sustainable component of any effective stormwater management plan.
In addition to runoff filtration, green infrastructure has several other benefits, including improving air quality and mitigating the heat island effect, wherein developed urban areas experience higher temperatures than surrounding rural areas due to a lack of natural landscapes. Native plantings also support local wildlife populations and help beautify open spaces for the visitors that use them.
Likewise, the LWRP also encourages the development of green infrastructure and prioritizes the funding of stormwater projects that aim to improve water quality using green infrastructure, including rain gardens, bioretention areas, and porous pavement.
Consult with an Expert
There are other areas in which MS4 and LWRP overlap, but it requires creative planning and a thorough knowledge of state regulations. In order to make the most out of stormwater management planning, municipalities should consult with experienced environmental planners with in-depth knowledge of MS4 and LWRP requirements and where they intersect. By integrating stormwater management planning into other revitalization projects, municipalities can utilize LWRP grant funding to tackle MS4 requirements while performing valuable work beautifying and revitalizing the community.