Last Updated 08/05/2026
Anderson, SC Municipal Code
ARTICLE VII. - STORMWATER MANAGEMENT
Sec. 50-71. - Regulations.
(a) Federal regulations governing stormwater management, as specified in State Code of Laws 40 C.F.R. 122.26, and State Code of Regulations R. 61-9 et seq. and R. 72.300 et seq. are adopted as the minimum requirements for the management of stormwater within City of Anderson as defined in the respective regulations.
(b) The city manager, or his designee, shall be responsible for day-to-day coordination, implementation, and enforcement of this article and the SWMP as well as the long-term management of the city’s drainage. This shall include the following specific powers and duties:
(1) To issue any permit, certification or license that may be required to comply with this article and federal and state regulations pertaining to stormwater management.
(2) To deny a facility connection to the MS4 or discharge to waters of the state if state, federal regulations and this article are not met.
(3) Propose modifications to the City of Anderson Land Development Regulations as necessary to comply with this article. The design regulation shall be used to convey design and engineering standards, construction management processes and procedures, and other aspects necessary for compliance with this article. The original adoption and subsequent revisions of this regulation shall subject to approval by Anderson City Council.
(4) To require the submittal of a land disturbance permit application for all construction activities that result in a land disturbance of greater than or equal to one acre or is located within one-half mile of a receiving waterbody. These applications must include a plan to control stormwater pollutants and other components detailed in the City of Anderson Land Development Regulation.
(5) Provide for the protection of the natural resources of sensitive and highly susceptible areas to the impacts of excessive and polluted stormwater. This may include the creation of watershed-specific plans that will limit or otherwise direct land development activities and require the reduction of excessive and polluted stormwater from any area.
(6) To require the development of a stormwater pollution prevention plan (SWPPP) for all new and redevelopment projects and enforcement of the SWPPP.
(7) To approve land disturbance plans and to require as a condition of such approvals, structural or non-structural controls, practices, devices, operating procedures, or other mechanisms to protect public and private property from flooding and erosion and attain TMDL-mandated pollutant load reductions and water quality standards.
(8) To require performance bonds of any person to secure that person’s compliance with their land disturbance permit, as well as other permits, certificates, licenses or authorizations issued or approved by the city manager or his designee pursuant to this article, the SWMP and federal and state laws. The city manager or his designee shall develop a process that organizes the closure of bonds and land disturbance (grading) permits to accommodate development phases and property ownership transfers.
(9) To conduct all activities reasonably necessary to carry out the SWMP and other requirements included in Permit SCR030000 and this ordinance and to pursue the necessary means and resources required to properly fulfill this responsibility.
(10) To develop and implement strategic plans for complying with TMDLs. Such plans shall include initial due diligence procedures to fully assess the problem and alternative solutions so as to proceed with cost-effective solutions.
(11) To enact special cost- and credit-sharing programs that would assist land developers and the City of Anderson in meeting the water quantity and quality discharge requirements of this article and the City of Anderson Land Development Regulation.
(12) To enter into agreements with other governmental entities or private persons or entities to provide or procure services to conduct and carry out such activities as authorized by this article.
(13) To maintain the stormwater system consistent with the provisions of the SWMP and this article.
(14) To direct, review and recommend for approval by the City of Anderson Council, the stormwater management operating budget.
(15) To direct, review and recommend for approval by the City of Anderson Council necessary changes to the existing stormwater management programs.
(16) To determine appropriate fees, and proscribe actions and procedures for collection of any fee or enforcement of any penalty pursuant to this article, subject to the approval of the Anderson City Council.
Sec. 50-73. - Design and engineering standards.
Design and engineering standards must define the desired level of quality and performance for stormwater management systems on all land disturbance projects and existing facilities in order to meet the purpose of this article. The standards establish the minimum technical requirements needed to express compliance through calculations, maps and drawings, or others as necessary.
The city manager or his designee is authorized and directed to develop policies, criteria, specifications, and standards for the proper implementation of the requirements of this article, federal and state laws and the SWMP and to provide a sound technical basis for the achievement of stormwater management, including water quality and quantity objectives. These standards shall be presented for use in the City of Anderson Land Development Regulations subject to approval of the Anderson City Council. The standards defined in the most current version of the regulations shall serve as the requirements to meet this article.
It shall be the responsibility of the property owner, lessee or person responsible for land disturbing activities to provide adequate controls to meet the design and engineering standards.
Sec. 50-76. - Ownership and the City of Anderson participation.
(a) Property owners and lessees are responsible for maintaining stormwater quantity and quality facilities and all conveyance structures located on their property. Prior to the issuance of a land disturbance permit, the property owner shall execute a legal document entitled “Covenants for Permanent Maintenance of Stormwater Systems”, or the lessee shall execute a legal document entitled “Covenants for Maintenance of Stormwater Systems on Leased Property” (“the covenants”). The property owner or the lessee, as the case may be, shall record the covenants in the Office of the Register of Deeds for Anderson County. The location of the facility, the recorded location of the covenants document, and a note stating the property owner’s or lessee’s responsibility shall be shown on a plat, or in the case of a lessee, as an exhibit attached to the lessee’s covenants, that is also recorded in the Office of the Register of Deeds for Anderson County. In the case of a lessee, the property owner shall be named on any covenant and be required to conduct maintenance activities upon the termination of a lease agreement.
(b) The property owner or lessee shall grant to City of Anderson a perpetual, non-exclusive, transferable easement from a public street that allows for public inspection and emergency repair of all components of the drainage system, including all conveyances and all water quantity and quality control facilities. At the request of the city manager or his designee, the property owner or lessee shall grant to the City of Anderson necessary and appropriate rights-of-way.
(c) The City of Anderson shall own and maintain all drainage system components that are constructed under or collect stormwater runoff from a city-owned road.
(d) Stormwater quantity and quality control facilities shall be located so that required easements can be effectively used and ownership and maintenance responsibility can be clearly defined in deeds and plats.
(e) The City of Anderson shall reserve the right to accept or decline ownership and maintenance of all or part of a stormwater system.
(f) The covenants shall specify minimum maintenance requirements to be performed at necessary intervals by the property owner or lessee, as the case may be.
(g) If a facility or any portion of the stormwater system is not being maintained as required, the city manager or his designee will notify the property owner or lessee, as the case may be, in writing. If property owner or lessee, as the case may be, fails to repair or maintain the facility within the allotted time, the city manager or his designee may authorize the work to be performed by the city or others. In such cases, the property owner or lessee, as the case may be, shall reimburse the city for its direct and related expenses. If the property owner or lessee, as the case may be, fails to reimburse the city, the city is authorized to file a lien for said costs against the property or the lessee’s leasehold interest, as the case may be, and to enforce the lien by judicial foreclosure proceedings. The allotted time for repair or maintenance shall be a minimum of 90 days, except in the case of public safety. Appeals in this case must filed within 30 days of notice.
(h) A property owner or lessee may hire or contract others to perform necessary maintenance actions, but the City of Anderson will hold the person named in the covenants as the responsible party should legal actions described in subsection (g) be necessary.
(i) When the City of Anderson through the city manager or his duly appointed designees determines that additional storage capacity or pollution reduction beyond that required by the applicant for on-site stormwater management is necessary in order to enhance or provide for the public health, safety and general welfare, to correct unacceptable or undesirable existing conditions or to provide protection in a more desirable fashion for future development, the City of Anderson may:
(1) Require that the applicant grant any necessary and reasonable easements over, through or under the applicant’s property to provide access to or drainage for such a facility;
(2) Require that the applicant attempt to obtain from the owners of property over, through or under where the stormwater management facility is to be located, any easements necessary and reasonable for the construction and maintenance of same (and failing the obtaining of such easement the City of Anderson may, at its option, assist in such matter by purchase, condemnation, dedication or otherwise with any cost incurred thereby to be paid by the applicant);
(3) To implement the provision of additional stormwater control, both the City of Anderson and the developer must be in agreement with the proposed facility that includes the additional storage or treatment capacity.
(j) The owner of a facility that:
- has been previously permitted by a different government or agency, and
- has a recorded covenant for permanent maintenance of the stormwater system (issued by the governing agency)
may be required by the City of Anderson to continue operating and maintaining the facility under the existing legally binding contract.
Sec. 50-77. - Maintenance, construction, inspection, and notice of termination (N.O.T.).
Maintenance of the stormwater management system is critical for the achievement of its purpose of controlling stormwater runoff quantity and quality and the short-term and long-term public health, safety, and general welfare of the citizens of the City of Anderson.
(1) A permanent maintenance plan for the stormwater management system shall be included in the land disturbance permit application (grading permit). As part of the maintenance plan, the property owner or lessee of such facility shall specifically agree to be responsible for permanent maintenance. In order to transfer maintenance responsibility, a letter of acceptance by the new owner(s) accepting permanent maintenance responsibility shall be filed with the City of Anderson.
(2) As part of the land disturbance permit application (grading permit) the applicant shall submit construction and BMP maintenance and inspection schedules. Required and recommended schedules for BMP maintenance and inspection are to be provided in the land development regulations.
(3) If the construction is to be phased, no stage work, related to the construction of stormwater management facilities shall commence until the preceding stage of work is completed in accordance with the approved land disturbance permit. The procedure for construction phases beginning and ending and what constitutes such conditions shall be developed and detailed in the land development regulations.
(4) The permittee shall notify the City of Anderson through the city manager or his duly appointed designee before commencing any work to implement the approved land disturbance permit and upon completion of any phase or designated component of the site. Notification schedules shall be provided for in the land development regulations. All self-inspections, maintenance actions, BMP replacements, and changes to the approved land disturbance permit (grading permit) shall be documented and presented upon request to the City of Anderson through the city manager or his duly appointed designee.
(5) The permittee shall notify the City of Anderson that the site, or portion of the site, is sufficiently stabilized to begin the N.O.T. process. If portions of the site are to be completed prior to others (e.g., phased construction), a proposed schedule shall be included in the approved land disturbance permit (grading permit). The N.O.T. process shall at a minimum require:
a. A final plat showing the location of all stormwater easements and responsible party for the maintenance of the system. References shall be made to any and all ownership and lessee covenants established for ensuring the maintenance and long-term functioning of the stormwater system. The plats shall also show conflicts with other new or existing easements;
b. Documentation from the owner of the approved land disturbance permit (grading permit), including any revisions and as-built construction drawings, inspection reports, and stormwater system ownership transfers;
c. Certification and verification by a professional engineer that all components of the stormwater management system meet the approved land disturbance permit (grading permit) and specifications achieve the function for which they were designed. In addition, the site shall be cleared of all construction trash and debris from the stormwater system and the site as a whole;
d. A final inspection conducted by the City of Anderson through the city manager or his duly appointed designee.
(6) Permit notice of termination (N.O.T.) procedures shall be developed by the city manager or his designee and shall include inspection procedures to assure that the work has been carried out in accordance with the permit and this article. The project N.O.T. process may include phasing so that portions of a project can be closed out at various time periods and provided that the necessary documentation is submitted for approval. This process and documentation requirements are detailed in the land development regulations subject to approval by the Anderson City Council.
(7) The N.O.T. process must be completed by the city manager or his designee prior to:
a. The use or occupancy of any newly constructed components of the site.
b. Final acceptance of any road into the official road inventory database or designation of road owner and associated stormwater management system.
c. Release of any bond held by the City of Anderson.
d. Approval and/or acceptance for recording of map, plat, or drawing, the intent of which is to cause a division of a single parcel of land into two or more parcels.
Sec. 50-102. - Inspections.
(a) The city manager or his designee, bearing proper credentials and identification, may enter and inspect all properties for regular inspections, periodic investigations, monitoring, observation measurement, enforcement, sampling and testing, to effectuate the provisions of this article and the SWMP programs. The city manager or his designee shall duly notify the owner of said property or the representative on site and the inspection shall be conducted at reasonable times.
(b) Upon refusal by any property owner to permit an inspector to enter or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas concerning which no objection is raised. The city manager or his designee shall document the refusal and the grounds for such and promptly seek appropriate compulsory process.
(c) In the event that the city manager or his designee reasonably believes that discharges from the property into the City of Anderson MS4 may cause an imminent and substantial threat to human health or the environment, the inspection may take place at any time and without notice to the owner of the property or a representative on site. The inspector shall present proper credentials upon reasonable request by the owner or representative.
(d) Inspection reports should be maintained in a permanent file located in the public works department’s office or storage facility or such other location as may be determined and directed by the city manager.
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Frequently Asked Questions
Do I need to grant the City of Anderson access to my stormwater facilities?
Yes. You must grant the city a perpetual, non-exclusive, transferable easement from a public street, allowing public inspection and emergency repair of your entire drainage system, including all conveyances and water quantity and quality control facilities. The city can also request additional rights-of-way as needed.
Can I hire a contractor to maintain my stormwater facility in Anderson?
Yes. You’re allowed to hire or contract with others to handle necessary maintenance. That said, the city still holds the person named in your covenants as the legally responsible party if enforcement action becomes necessary.
What happens if I don't maintain my stormwater facility in Anderson?
If the city determines your facility isn’t being maintained as required, you’ll receive written notice. You generally have at least 90 days to complete repairs, except in public safety situations, and you can appeal within 30 days of the notice. If you don’t act in time, the city can perform the work itself and bill you for its direct and related expenses. Unpaid costs become a lien on the property, collected the same way as taxes. AQUALIS can help property owners stay ahead of maintenance deadlines to avoid this kind of cost.
Can the City of Anderson inspect my stormwater facility after construction?
Yes. The City Manager or a designee can enter and inspect properties for regular inspections, investigations, monitoring, and sampling, with notice given and inspections conducted at reasonable times. If the city reasonably believes a discharge from your property poses an imminent and substantial threat to health or the environment, it can inspect without notice.
What happens if I'm found in violation of Anderson's stormwater ordinance?
You’ll receive a written notice of violation describing the issue, your correction deadline, the date the city will re-inspect, and the penalty structure if you don’t act in time. The city is required to provide due process, giving owners a fair opportunity to resolve violations before facing fines or penalties.
What are the civil and criminal penalties for stormwater violations in Anderson, South Carolina?
Civil penalties run up to $500 per violation, with each day of ongoing violation counted separately. Beyond civil penalties, anyone who negligently, willfully, or intentionally violates the ordinance can also be charged with a misdemeanor in municipal court, again with each day treated as a separate offense.
Is there a stormwater utility fee for properties in Anderson?
Yes. The fee is typically billed monthly as part of a combined utility bill, or separately for properties without a utility account, including vacant lots and unimproved real estate. Non-payment can lead to termination of all utility services, including water, sewer, and fire service protection, and any unpaid balance after 30 days becomes a lien on the property, collected the same way as taxes.
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.
