Draft Blue Notice IP-26-01

Updated Stormwater Management Agreement

Notice Date:

More Information
Samantha McAllister, Code Enforcement Administrator

Background

Where private stormwater management is required and approved by the county, Anne Arundel County Code §16-4-303 requires that property owners shall perform preventive maintenance to ensure that a private stormwater management system is functioning as designed.

The Code also requires that the Department of Inspections and Permits (I&P) shall inspect all private stormwater management practices every three years after release of the grading permit security. County Code §16-4-401 requires before the issuance of a grading permit for a property that will have private stormwater management, the owner of the property shall execute an Inspection and Maintenance agreement (I&M) with the county.

The Code also requires county staff have access to inspect the facilities to ensure design function. Inspections are also required by the County's Municipal Separate Storm Sewer System (MS4) Permit issued by Maryland Department of Environment (MDE). The current version of I&M agreement does not have clear right of entry provisions, which can make it difficult for the county to carry out these functions.

Purpose

The county has drafted an updated I&M agreement (version 02/18/2026) to ensure compliance with County Code and State requirements. The purpose of this notice is to provide an updated I&M agreement (version 02/18/2026), which is attached to this notice. The updated agreement provides the required right of entry to allow the owner to grant access to county staff to conduct required inspections. I&P has been continuing to work with various stakeholders to improve upon its education and outreach efforts related to stormwater practices generally and specifically on the owners/responsible parties’ obligations regarding maintenance of stormwater facilities and county requirements.

Inspection and Maintenance Agreement for Private Stormwater Management

Timing and Applicability

The 02/18/2026 version of I&M agreement shall be used for any permits where an I&M agreement is not executed by the county prior to May 01, 2026. Where flexibility to this timing is requested by the applicant, it will be reviewed on a case-by-case basis by the I&P Director.


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