If You Developed a Property With a Stormwater Management Facility
If the property was developed recently by you or your company, you (or a representative) signed the original stormwater management design plans, an "Operation and Maintenance Plan", and recorded property covenants. The signatures and covenants were required by the reviewing authorities and indicated acceptance responsibility for inspection, maintenance, and repairs. Specific responsibility may vary, depending upon the wording on the plans or in the Operation and Maintenance Plan.


If You Purchased a Property With a Stormwater Management Facility
In most cases, the obligations discussed above will "run with the land" in the event of a property transfer. Therefore, any responsibilities accepted by the original developers are now yours.


If You Are Part of a Landowners or Homeowners Association

Landowners Associations
Landowner Associations may exist when commercial or industrial developments use common infrastructure, such as private roads or utilities. If multiple properties drain to a single SWM facility, there may be a Landowners Association that is responsible for inspection and maintenance.

Homeowners Associations
In the case of residential developments, the original developer often established a Homeowners Association (HOA). When individual homeowners purchased their property, they became members of the HOA with documents recorded at closing. If the development has SWM facilities, in some cases the HOA became the owner and accepted maintenance responsibility. Therefore, all homeowners jointly may be responsible. However, responsibility for the HOA can vary, depending upon the County policy and the original design and recordation information referenced above. In some Counties, SWM facilities in residential developments are publicly owned and some or all of the maintaince responsibility lie with the County.

Find out what is typically required...

...Back to Main Page