Stormwater Facility Maintenance Program
The Stormwater Facility Maintenance Program is responsible for inspecting and ensuring maintenance of all public and private stormwater management facilities within Montgomery County (excluding the municipalities of City of Rockville, Gaithersburg and Takoma Park).
DEP is responsible for more than 12,000 facilities. It is vital that these structures be maintained in working order so they function as intended, providing protection and stormwater management for our parks, schools, and businesses.
The program is paid for by the Water Quality Protection Charge (WQPC). The WQPC is a part of Montgomery County property tax bills and it raises funds to improve the water quality of our streams and reduce the impacts of stormwater runoff.
Stormwater Management System Renovation Videos
Inspection and Maintenance of Facilities
Together, with residents and business owners, and the funding made possible by the WQPC, DEP inspects and maintains stormwater management facilities in the County to keep residents and visitors safe while protecting the environment.
There are more than 12,000 stormwater management facilities in the County that require inspection. When they function well, stormwater facilities:
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Reduce flooding in our urban environment
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Remove pollution carried by stormwater
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Recharge the groundwater supply
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Protect local stream banks from erosion
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Protect public health
But, stormwater facilities can become clogged by trash, debris, sediment and mud, or other stormwater pollutants. They can develop structural cracks and leaks over time and need regular maintenance to prevent problems.
The Stormwater Facility Maintenance Program inspects stormwater facilities at least every three years in order to make sure the facilities are functioning.
The inspection is used to determine a facility's condition and to identify its need for maintenance. Without proper inspections and maintenance, we would not know when a facility has failed. Once a facility fails, the cost of repairs isexpensive and can result in property damage or other loss. Providing routine maintenance and inspections can keep the stormwater facilities working as intended, save money, property, and protect public safety.
Type and Location of Facility | Maintenance Responsibility |
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Non-Environmental Site Design (ESD) stormwater facility on residential HOA/CA common areas |
Structural maintenance: DEP's Stormwater Facility Maintenance Program works with citizens to assume responsibility for structural maintenance for residential stormwater facilities if the property owner has completed the maintenance transfer process . Once the facility has completed the transfer process, DEP will assume responsibility for the structural maintenance and the owner will continue to provide non-structural maintenance to their facility. Nonstructural maintenance: For all facilities, nonstructural maintenance is the responsibility of the owner. This maintenance includes grass cutting, trash removal, and landscaping |
Environmental Site Design (ESD) stormwater facility on private lots or on residential HOA/CA common areas |
Structural and non-structural maintenance are the responsibility of the owner. |
Any stormwater facility on nonresidential property (e.g., commercial facilities) |
Structural and non-structural maintenance for most nonresidential facilities is the responsibility of the owner. |
Any stormwater facility on County government property |
Montgomery County assumes responsibility for structural maintenance and either assumes all, or shares responsibility for non-structural maintenance with the owner (e.g. parks, schools, and libraries). |
Maintenance Guides |
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Who can Maintain Stormwater Facilities?
All stormwater facility maintenance contractors working in Montgomery County are required to have a Certificate of Attendance from the Department of Environmental Protection's Stormwater Facility Maintenance Contractor Training. Once contractors have attended a training, they will be placed on a list of contractors approved by the County for maintenance of stormwater facilities.
DEP's Stormwater Facility Maintenance Program relies on skilled and knowledgeable contractors to perform maintenance on stormwater management facilities. A company that performs maintenance on a stormwater management facility must hold a certificate of attendance from an approved training program. DEP offers a list of all the companies that have completed the required training. A new list will be posted soon!
Easements, Right of Entry, and Maintenance Agreements
A property owner of any stormwater management system is required to have an easement or right of entry and covenants or a maintenance agreement with the County for all stormwater management systems on their property.
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The Easement and Right of Entry Documents are legal documents that describe the area the county is permitted to enter for inspection and maintenance.
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The Covenant, also known as the maintenance agreement, is a legal document that describes who is responsible for maintenance.
The lists below provides links to blank easement, right of entry and covenant documents. Developers and property owners should use these documents when creating new easements, rights of entry, and covenants for their stormwater facilities. The templates are used on all stormwater facilities throughout the County and should not be modified. There are specific documents for residential and non-residential properties.
HOA, townhouse, condominium community, multi-family residential and apartment common owned areas
- Easement Document (.doc, 50KB)
- Covenant Document (.doc, 48KB)
For Environmental Site Design (ESD) on single-family home and townhome private property
- Grant of Stormwater Right of Entry (ROE) with FAQs (PDF, 328KB)
- Master Declaration of Terms and Conditions of Stormwater Management Right of Entry and Maintenance Agreement (pdf, 822 kb)
- ROE Instructions (pdf, 199kb)
- EXAMPLE SWM ROE (pdf, 84kb)
Non-residential and commercial properties
- Easement Document (.doc, 54KB)
- Covenant Document (.doc, 50KB)
Green roofs ONLY; Residential and non-residential commercial properties
- Easement Document (.doc, 45KB)
- Covenant Document (.doc, 33KB)
Because easements, rights of entry, maintenance agreements and covenants are legally binding documents, all property owners of stormwater management systems should keep copies of the documents related to their property. Developers should provide these documents to the property management company or HOA/CA after transferring ownership.
If you need to obtain a copy of the recorded stormwater covenant or easement for your property, please visit the Montgomery County Circuit Court Land Records Department or search online at the Maryland Land Records .
Maintenance Transfer Program
If you own a stormwater facility and would like to transfer it into the County's Stormwater Facility Maintenance Program, use the guidance outlined here. Residential facilities located on HOA/CA common areas are eligible for transfer into the County's maintenance program.
The transfer process has three stages:
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Stage 1: Gather Documents and Contact DEP
Gather information to prepare the application. -
Stage 2: Submit Application
Submit the completed application and required documents for DEP and County Attorney review. - Stage 3: Record Documents
Finalize the transfer by recording the documents and obtaining a certified copy.
DEP highly recommends that you contact us before you submit your transfer paperwork to ensure that all the necessary documents have been prepared and to learn more about the transfer process.
NOTE: Although DEP encourages homeowners' associations to submit transfer documents as soon as possible, transfer documents will not be forwarded to the County Administrative Officer until the facility has an approved final inspection and the facility is in proper working condition as determined by DEP. However, DEP review of the transfer documents can occur concurrently with repair work to bring the facility to proper working condition.
Stage 1: Gather Documents and Contact DEP
A variety of documentation is required for the transfer. This documentation helps to ensure that you are the verified owner and that the former owner (in many cases the developer) transferred the common area property, such as the stormwater facility, as required. The documents required include:
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Stormwater easement and covenants
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Information on the stormwater facility
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Information on property location
Use the following outline as a guide for gathering the appropriate information for the application:
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List the number and types of stormwater facilities you wish to transfer and the property parcel(s) numbers (tax account numbers) on which the facilities are located.
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Much of this information can be found on the maintenance/inspection letters provided by DEP annually or every 3 years.
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If unknown, contact DEP for the stormwater facility numbers (each stormwater facility has a number, which is separate from the property parcel number).
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Note that storm drains are not part of the Stormwater Facility Maintenance Program and may not be transferred.
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Provide a deed for the property.
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Was the property transferred from the developer to the homeowner's association? A deed will determine whether the developer transferred the common property. A copy of the original deed that shows transfer of the parcel from the developer to the property owner is a vital document.
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Provide the appropriate easements and covenants for the stormwater facility or facilities. The easement defines the boundaries within which DEP will have legal authority to access the property to inspect and structurally maintain the facility. The covenant defines the stormwater responsibilities of the homeowners' association and DEP.
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If your facility has an existing "Grant of Stormwater Management Easement and Right-of-Way" and "Declaration of Covenants Inspection/Maintenance of Stormwater Management Facility," complete the Amendment of Declaration of Covenants (.doc, 37KB) and attach the text description of the easement area (metes and bounds) as Exhibit A, the graphic depiction of the easement area as Exhibit B, and the original Declaration of Covenant as Exhibit C.
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If your facility does not have an existing stormwater easement or covenant, complete the Grant of Stormwater Management Easement (.doc, 53KB) and the Declaration of Covenant (.doc, 51KB) documents. If requested, DEP can help provide the required easement metes and bounds (Exhibit A to the easement) and graphic depiction (Exhibit B to the easement) for the facility. The new Declaration of Covenant will be Exhibit C to the easement. Please be sure to request this service in a written letter when submitting your application documents to DEP. If you are a Condominium owner, please contact DEP prior to submitting your application because additional documents are required with your application.
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Consider hiring an attorney. DEP suggests that property owners hire an attorney to assist in researching and preparing documents to complete the transfer process. An attorney can be especially helpful if the deed can't be located.
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- Provide your most recent tax bill. Available online.
Do You Need Help?
DEP is happy to assist you with this process. Please email us at SWMF.Transfer@montgomerycountymd.gov or call 311 and provide the location of the stormwater facility. DEP can provide the structure type, the facility number, and insight into what to expect during the transfer process.
Stage 2: Submit Application to DEP
Once most or all of the information described under Stage 1 has been collected, fill out the Stormwater Facility Maintenance Transfer Application form.Instructions for filling out the form are available.
You must complete, sign, and notarize all the appropriate transaction documents, such as grants of easement, declaration of covenants, or covenant amendments. Submit the application form and supporting documents for legal review by DEP and the Montgomery County Office of the County Attorney. Refrain from executing the documents until DEP approves the drafts. Please provide drafts in Word format for easier editing.
After legal review and certification, the County Attorney returns the documents to DEP for submission to the County Administrative Officer. After the County Administrative Officer has signed the documents, DEP returns the fully executed documents to you so they can be recorded in the land records (see below).
Stage 3: Record Documents
Once DEP returns the fully executed documents to you, the transfer process is almost finished. All that remains is for the signed documents to be recorded at County Land Records. You must record the document with County Land Records. Be sure to record only documents that have been signed and approved by the County. Notify DEP when you have recorded the documents.The official approval letter will not be sent until you provide DEP notice that the documents have been recorded with County Land Records. Once DEP receives notification, Montgomery County becomes the only entity responsible for structural maintenance of the stormwater facility. You will receive a letter indicating such.
The time needed to complete the full transfer process varies depending on:
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Whether the application was completed correctly and, if not, how quickly corrections were submitted to DEP
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Whether you signed the application as requested and provided a copy of the deed, property tax bill, easement information, and eventually executed the amended covenant or new covenant
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The number of transfer applications currently being processed
Before submitting your application to DEP, contact us at SWMF.Transfer@montgomerycountymd.gov or call 311 to confirm that you have all the information you need to submit an application.
Contractor Resources
DEP's Stormwater Facility Maintenance Program relies on skilled and knowledgeable contractors to perform maintenance on stormwater management facilities. A company that performs maintenance on a structural stormwater management facility must hold a certificate of attendance from an approved training program. DEP offers a list of all the companies that have completed the required training.
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List of contractors approved by the County for maintenance of aboveground structures to include LID/ESD ( PDF, 197KB)
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List of contractors approved by the County for maintenance of underground structures ( PDF, 150KB)
DEP does not approve contractors for maintenance of small scale Environmental Site Design or Low Impact Development BMPs such as raingardens, microbioretention, pervious pavement or green roofs. However; a list of green roof maintenance contractor compiled by a local engineering firm can be found at the link below. Inclusion on this list should not be considered a recommendation by DEP.
How Can My Company Become Certified to Perform Maintenance in Montgomery County?
Montgomery County regulations require that a company that performs repair or maintenance on a stormwater management facility must:
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Have demonstrated experience in stormwater management facility construction and/or maintenance
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Have demonstrated experience in stormwater management facility inspection
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Hold a Certificate of Attendance awarded through a training program approved by DEP. Interested contractors who cannot attend a training class must take the interim certification test, and then plan to attend the next available Stormwater Facility Maintenance Contractor Training class. This interim option is offered only once per individual.
DEP Stormwater Facility Maintenance Contractor Training
A company interested in obtaining a Certification of Attendance for stormwater facility maintenance training must:
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Attend the approved DEP training program OR pass the Interim Certification Test and attend the training within one year.
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Re-certify every 3 years by attending the training
Scheduled Training Sessions
The DEP training program is usually held twice a year in the spring and winter. Email DEP to request email notification of upcoming training events. In the subject line, type "Send me dates of contractor training for Stormwater Facility Maintenance Program." Contractors can also sign up for the Quarterly newsletter for alerts on trainings.
DEP Training Materials
The following documents provide the information you will need to learn to pass the Interim Certification Test.
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Introduction ( PDF, 5.3MB)
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Contractors Inspections and Regulations ( PDF, 4.3MB)
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Aboveground Stormwater Facility Maintenance ( PDF, 13.2MB)
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Guidance for Pond Planting ( PDF, 5MB)
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Underground Stormwater Facility Maintenance ( PDF, 10.4MB)
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PPP: Delivering Materials to the Facility (for truck operators) ( PDF, 280KB)
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Rainscapes Overview ( PDF , 1.7MB)
Interim Certification Test
Successful completion of the Interim Certification Test (minimum score of 70 percent) will allow your company to maintain and repair stormwater management facilities in Montgomery County, Maryland. To maintain your Certification of Attendance, however, it is necessary that supervisory representatives of your company attend the next Stormwater Facility Maintenance Contractor Training class.
How to take the Interim Test:
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Download a copy of the Interim Certification Test ( PDF, 138MB)
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Once you have completed this test, please return it to:
Stormwater BMP Inspection and Maintenance Program
2425 Reedie Dr, 4th Floor
Wheaton, MD 20902
ATTN: Sara Rothamel
Where are the County's Stormwater Facilities?
The interactive map below shows all of the County's stormwater facilities. The colored dots represent different types of stormwater facilities. Clicking on a dot will reveal that particular facilities type. Look for your property on the map!
( Accessible Map)
(Please click on the arrows in the top left corner to view legend)
Problems and Concerns
If you have a problem with a stormwater facility, such as odor, standing water, or trash and debris, contact DEP at 311 or submit to the online complaint form. Your questions can also be emailed to askdep@montgomerycountymd.gov .
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Mosquitoes
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Stormwater facilities that are functioning as they were designed will not cause mosquito problems. Most facilities, except wet ponds, are designed to drain within 72 hours. DEP has developed a webpage and brochure with all the information you need to identify if mosquitoes are coming from a mal-functioning stormwater management facility and how to prevent these issues. Visit the County's Mosquitoes website.
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Storm Drain Problems
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If you believe a storm drain is not operating effectively, you may contact the Department of Transportation, Division of Highway Services at 311 . DHS addresses issues such as blocked storm drains along roads.
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Stormwater Ponds
- Questions about stormwater ponds? Visit the stormwater ponds page to learn about maintaining ponds.
Stormwater Facilities Quarterly E-News
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