Background
The proper design and construction of an engineered Stormwater Best Management Practice (BMP) is essential to its ability to detain runoff and adequately remove pollutants from the stormwater. Equally important is the proper operation and upkeep of such a facility. Proper maintenance will not only increase the expected lifespan of the facility, but will also improve aesthetics and property value. Most maintenance problems with BMPs are less costly to correct when they are caught early – as the old adage goes, “an ounce of prevention is worth a pound of cure.” Regular inspection and maintenance is an ongoing legal requirement. Over the past 2-years, the Department of Inspections and Permits (Department) staff met with various representatives from the Development community which includes design professionals, contractors, developers, Homeowner’s association (HOAs), and county agencies to discuss on-going issues with the design, construction and maintenance of stormwater BMPs. One piece of feedback the County received from various representatives is that there is no BMP hand-off process to the HOAs and that they do not have the necessary information about the BMPs they will be owning and maintaining.
Purpose – BMP Hand-off Meeting
The Purpose of this memo is to provide notice that a BMP hand-off meeting will be required after approval of BMP as-built drawings for projects with an HOA. The BMP hand-off meeting is a meeting between the developments Homeowner Association (HOA), the Developer and I&P staff. This meeting occurs after approval of the BMP as-built drawings. This meeting serves the following purposes: • Memorialize the transfer of the BMP(s) from the Developer to the HOA and inform the HOA of their responsibilities vis-a-vis the facility; and • Provide the HOA with basic information (e.g., Hand-off packet) relating to BMPs, Inspection and Maintenance agreements, HOA responsibilities and obligations with respect to BMPs, and County requirements.
BMP Hand-off Meeting - Bulletin for Owners
The bulletin below provides information on the Hand-off meeting. Hand-off Meeting only applies to projects with an HOA at this time. Some of the items in the bulletin apply only to HOAs where as some items apply to all BMP owners including to HOAs. The 2-yr Warranty referenced in the bulletin applies to any new application for a grading permit, or any application for a major revision to a pending or issued grading permit, filed on or after January 01, 2021.
Timing and Applicability
This memo is effective December 01, 2021 for all projects with an HOA, where the developer controls more than 60% of the HOA as of the effective date of this memo. I&P has coordinated with the development community regarding this notice and I&P appreciates the collaborative effort to ensure BMP Hand-off and HOAs have necessary information about the BMPs they will be owning and maintaining.
What is a Stormwater Best Management Practice (BMP) Hand-off Meeting?
A stormwater Best Management Practice (BMP) facility hand-off meeting is a meeting between the development Homeowners Association (HOA), the Developer and County staff. This meeting occurs after approval of the BMP as-built drawings. This meeting serves the following purposes:
- Memorialize the transfer of the BMPs from the Developer to the HOA and inform the HOA of their responsibilities vis-a-vis the facility(ies).
- Provide the HOA with basic information relating to BMPs, Inspection and Maintenance agreements, HOA responsibilities and obligations with respect to BMPs, and County requirements.
What is a Stormwater Best Management Practice?
Devices that are designed to remove pollutants from stormwater runoff before reaching local waterways and reduce stormwater flows are referred to most commonly as stormwater Best Management Practices. These devices may also be referred to as Environmental Site Design (ESD) features/practices, or ponds. The most common BMPs include rain gardens, impervious disconnection (rooftop and non-rooftop disconnection), bioretention areas, dry extended detention basins, wet detention basins, sand filters, bioswales/ grassed swales, and proprietary devices.
What is Inspection and Maintenance Agreement (I&M) for Private Stormwater Management?
An I&M is a legally-binding agreement that carries with the property, between the Owner and the County. It clearly defines the responsibilities of the parties. Some key responsibilities specified in the agreement are listed in the table below:
| Responsibility | Responsible Party |
|---|---|
| Installation of SWM facilities | Owner |
| Post 2-yr Warranty Security during warranty period | Owner |
| Routine Maintenance and Repairs and reconstruction of the facility / (ies) | HOA |
| Triennial Inspection | County |
| Provide access to the facility for inspection by County or agent or contractor | HOA |
| Ensure all costs associated with maintenance, repairs or reconstruction are set aside | HOA |
| Maintain inspection records | HOA |
What is the Stormwater Management Warranty Security?
Where BMPs to be owned or maintained by homeowner’s association are proposed, the County requires the developer responsible for the installation of approved stormwater management facility(ies) to post a 2-yr warranty security. Any repair or restoration other than routine maintenance and upkeep during the warranty period shall cause the warranty to run for one additional year beyond the original two-year period.
When Does the Responsibility for Stormwater Management Facility Transfer to the HOA?
The HOA is created by the developer as a corporation through the State and by the recording the Declaration of Covenants and Restrictions in the land records. Upon completion of the project construction project, the developer’s engineer submits as-built drawings to the County for review and approval. Upon approval of the as-built drawings, the County requires a 2-yr warranty security to be posted prior to release of the Grading and Sediment Control Bond. This 2-year warranty shall be released upon expiration of the warranty period and final inspection approval by the county.
What is Hand-off Meeting Packet?
At the time of the HOA Hand-off meeting, a packet will be provided to the HOA by the Developer, which has the following information:
- BMP As-builts
- Facility Inventory Map with facilities identified
- Facility inventory table (SWM Summary table)
- Maintenance Sheets with basic information on schedules, suggested maintenance actions, troubleshooting issues
- BMP Costs information related to maintenance
- All items required under item #C of the latest version of the IP-25-02 Checklist for Review of HOA Documents
- Owners Tree Maintenance Guidance
https://drive.google.com/drive/folders/1ldTga9J7bAiS18RK1JMBOlxy-Px-IYNT?usp=sharing
What are the HOA Responsibilities for every Stormwater Management Facility?
The HOAs responsibilities for each BMP include perpetual maintenance, maintaining an adequate budget, repairs, and reconstruction when necessary. A general description of the responsibilities is provided below:
- Perpetual Maintenance: Each Facility must be routinely maintained so that it continues to function as intended, to its design capacity and to ensure public safety.
- Inspections: Every Facility requires triennial inspections as required by County code. The HOA shall maintain inspection records and supply them to the County every three (3) years or upon request.
- Major Repairs and Reconstruction: After the completion of the warranty period, the HOA must reconstruct or make repairs to its Facilities when necessary.
- Budgeting: The HOA should include amounts in its annual budget for upkeep and reconstruction. The county recommends two distinct line items: one for routine maintenance and one for major repairs.
Watershed Protection & Restoration Fee (Stormwater Fee) Credits
Eligible property owners in Anne Arundel County have the opportunity to reduce their Watershed Protection and Restoration Fee (WPRF) assessments by up to 50% for proactive and sustainable uses of stormwater runoff controls. For questions about the stormwater fee Credit Program contact the Department of Public Works at 410-222-7536.
What if I have additional questions?
Additional information regarding the Stormwater management facilities maintenance is available at:
- https://www.aacounty.org/departments/public-works/wprp/bmp_maintenance/index.html
- BMP layer at https://gis.aacounty.org/portal/apps/experiencebuilder/experience/?id=68a4086aec7343b68f303d3fc3a0b99e Check "Utilities" and "Stormwater BMP," the layer will turn on. and as-built programs is available on the Anne Arundel County’s website at www.aacounty.org/ip
- For specific questions regarding Stormwater management inspections, As-built for SWM facilities or other information described in this document, please contact the Inspections and Permits by phone at (410) 222- 7171 or by email at SWInspections@aacounty.org
For specific questions regarding forestry and tree related issues, contact forestry@aacounty.org. FAQs and additional information are available at forestry resources webpage https://www.aacounty.org/inspections-and-permits/forestry/forestry-resources
Revision Log
Oct 2021 - Initial Version;
Sep 2025 1. Added #6 under Hand-off packet (Page 2) and added WPRF Credit – Notification to DPW (page 3); May 2026 1. Added #7 under Hand-off Packet -Tree maintenance guidance (Page 2) and added forestry email and forestry resources webpage (page 3)