The expense of maintaining most stormwater best management practices (BMPs) is relatively small compared to the original
construction cost. Too frequently, however, BMP maintenance is not completed, particularly when the BMP is privately owned.
Improper maintenance decreases the efficiency of BMPs and can also detract from the aesthetic qualities of the practice. The
operation and maintenance language within a stormwater ordinance can ensure that designs facilitate easy maintenance and that
regular maintenance activities are completed.
This section includes model ordinance
language, which focuses primarily on the maintenance of stormwater
BMPs, and includes the elements of design, routine maintenance, and inspections.
Stormwater ordinance language regarding the maintenance of erosion control
measures would differ slightly from a sediment and erosion control ordinance
due to the short-term nature of these measures. In addition, it is important
to note that elements such as the process of applying for a permit would
be included in more comprehensive sediment and erosion control or stormwater
ordinances. Areas where additional information might be useful are indicated
with the following symbol:
When you see this symbol, it is time to make a decision
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This section includes additional materials from localities around the country:
Ordinance Language from Grand Traverse
County, MI
This ordinance language provides an example of operation and maintenance
for both stormwater and erosion and sediment control.
WordPerfect Format (23KB, 6pages)
PDF Format (13KB,6pages).
Example maintenance agreement from
Albemarle County, VA
This document provides an example of an agreement that places the responsibility
of maintenance on the property owner.
WordPerfect Format (22KB, 5pages)
PDF Format (11KB, 6pages).
Easement and ROW agreement from Montgomery
County, MD
This document ensures that ample space is provided near a BMP for inspection
and maintenance.
WordPerfect Format (10KB, 4pages)
PDF Format (6KB, 4pages).
Anne Arundel County, MD Inspection
Checklist
This pond inspection list is an example of a useful field tool to ensure
maintenance of BMPs.
WordPerfect Format (18KB, 2pages)
PDF Format (10KB, 3pages).
Performance Bond from Colorado
Performance bonds can be used to provide an incentive for both proper
construction and long-term maintenance of BMPs.
WordPerfect Format (57KB, 18pages)
PDF Format (59KB, 19pages).
Some important elements of effective stormwater operation and maintenance ordinance language are the specification
of a specific entity responsible for long-term maintenance and reference to regular inspection visits. The ordinance should
also address design guidelines that can help ease the maintenance burden, such as the inclusion of maintenance easements.
Although language that legally requires operation and maintenance of stormwater BMPs is important, there might be a
disjoint between the ordinance language and what happens "on the ground." In this section, the information provided in
support of the ordinance, such as maintenance agreements and inspection checklists, is as important as the ordinance to
ensuring that stormwater BMPs perform efficiently over time.
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