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Buried in recent legislation signed by Gov. Scott Walker are limits on the ability of local governments to regulate stormwater runoff.

The governor and Legislature prohibited local ordinances from requiring on-site retention of more than 90 percent of the difference between the pre- and post-development annual runoff from a site. Several municipalities in Dane County now require greater than 90 percent control to prevent increases in downstream flooding and property damage.

Furthermore, a recent Dane County technical advisory committee recommended the county require that the amount of runoff for new development be maintained at pre-development levels. A primary reason for this recommendation was to prevent increases in Yahara Lakes flooding.

As the Yahara Lakes watershed has become urbanized, peak flood levels have steadily increased. And increases in runoff are highly problematic in internally drained watersheds that lack natural outlets. Such watersheds are very common in Dane County, and their development has increased flood risks.