Last Updated 06/09/2026
The County of Baldwin has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The County of Baldwin is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The County of Baldwin will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The County of Baldwin, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The County of Baldwin has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Baldwin Stormwater Laws & Regulations
The County of Baldwin regulations are compliant with the National Pollutant Discharge Elimination System (NPDES) through municipal regulation Baldwin County Zoning Ordinances and Subdivision Regulations. The county’s Municipal Separate Storm Sewer System (MS4) requires Baldwin to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality.
Baldwin County’s NPDES Permit covers all Urbanized Areas within its jurisdiction as a small MS4. Within the county, three municipalities have independent MS4 authority:
- City of Daphne
- City of Fairhope
- City of Spanish Fort
Article 12 General Requirements Section 12.1 General Requirements
12.1.7 Stormwater management. No development may precede except in conformity with the stormwater management provisions of these ordinances.
Article 13 Design Standards Section 13.11 Stormwater Management
A stormwater management plan is required for all major projects. Such plan shall be prepared by a licensed engineer and shall be submitted in conjunction with an application for a land use certificate as herein provided. No development may proceed until a land use certificate has been approved. The Zoning Administrator shall, in consultation with the Building Official and County Engineer or his/her designee, determine that reasonable provisions for properly handling surface drainage have been made in the applicant’s design.
8. Post Construction Storm Water Management
8.1 Introduction
The NPDES permit requires the County to develop, implement and enforce a program to address storm water discharges from new development and redevelopment projects that disturb greater than one acre, and projects less than one acre that are part of a larger common plan of development.
8.2 Program Components
8.2.5 Operation and Maintenance
For post developed BMPs to be effective, routine maintenance of the BMP will be required. The County shall evaluate mechanisms that can be utilized to ensure proper maintenance of the BMPs.
View State Page
Frequently Asked Questions
Does Baldwin County's stormwater ordinance apply to my property if it's inside Daphne, Fairhope or Spanish Fort?
Not directly. Those three cities hold independent MS4 authority within Baldwin County, meaning they administer and enforce their own stormwater programs rather than falling under the county’s. If your property sits inside one of those city limits, check that city’s stormwater ordinance rather than the county’s.
What size project triggers Baldwin County's post-construction stormwater requirements?
Any new development or redevelopment disturbing more than one acre. Smaller projects aren’t automatically exempt, though. If a project under one acre is part of a larger common plan of development, it still falls under the same post-construction requirements as the larger project it’s tied to.
Do I need a stormwater management plan before I can build in Baldwin County?
For major projects, yes. A licensed engineer has to prepare the plan, and it has to be submitted along with your land use certificate application. No development can proceed until the county issues that certificate, and the zoning administrator works with the building official and county engineer to confirm your design handles surface drainage properly before signing off.
Who is responsible for maintaining stormwater BMPs after construction is done in Baldwin County?
The property owner. Baldwin County’s stormwater management plan requires routine maintenance of post-construction BMPs to keep them functioning as designed, and the county is developing mechanisms to confirm that maintenance actually happens. In practice, that means owners shouldn’t wait for a formal county check-in to stay on top of upkeep.
Is Baldwin County a Phase I or Phase II MS4 community?
Phase II. The county’s NPDES permit covers it as a small MS4 across its urbanized areas, which is the same classification that applies to most Alabama municipalities outside the largest metro areas like Huntsville and Montgomery.
Can Baldwin County inspect my property for stormwater compliance?
Yes. As the permitting authority for land-disturbing activity in the unincorporated parts of the county, Baldwin County has the authority to inspect properties for noncompliance and can issue a notice of violation for any deficiency found, in addition to inspecting stormwater facilities directly to confirm they’re properly maintained and functioning.
How can AQUALIS help my property stay compliant with Baldwin County's stormwater ordinance?
AQUALIS helps property owners in unincorporated Baldwin County prepare stormwater management plans for major projects, maintain post-construction BMPs, and navigate which jurisdiction, county or one of the three independent cities, actually governs their specific property.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
