Maintenance Agreements

The property owner is ultimately responsible for the operation and maintenance and long-term continued performance of the stormwater quality control measure(s) on the site. Failure to properly operate and maintain the measures could result in no treatment of site runoff, or a slug loading of pollutants to the storm drain system. Both consequences will result in violation of the local permitting agencies' municipal codes, as well as state and federal water quality regulations.

For projects using several of the control measures in the design manual, verification of long-term maintenance provisions is required. This is mandated by the agencies’ State-issued stormwater permits. The local agencies currently require execution of a maintenance agreement or covenant with the property owner, which is recorded with the deed for the property and follows property ownership. Such maintenance agreements require reconstruction or replacement of the feature when it fails to function properly.

Check with the local permitting agency about their maintenance submittal requirements and timing for execution of the agreement. See Appendix B in the design manual for additional information and sample maintenance agreements.