Last Updated 08/19/2026
Chapter 34 Environment Article VI Post Construction Stormwater Discharge
Division 2: MANAGEMENT PLAN
Sec. 34-480 Plan required.
(a) Except as provided in Section 34-478(b) above, no applicant for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for new development to which this article is applicable shall receive such permit or approval for that new development unless the municipal permitting authority for that new development also determines that the applicant’s post-construction stormwater management plan for that new development meets the requirements of this article.
(b) At the time of application, the applicant shall notify the municipal permitting authority if its post-construction stormwater management plan includes any BMP that will discharge to the City’s MS4 and shall include in this notification a listing of which BMP will so discharge.
Sec. 34-481 Performance standards.
(a) The applicant shall make adequate provision for the management of the quantity and quality of all stormwater generated by a new development through a post-construction stormwater management plan. This post-construction stormwater management plan shall be designed to meet the standards contained in the Maine Department of Environmental Protection’s Chapters 500 and 502 Rules and shall comply with the practices described in the manual Stormwater Management for Maine, published by the Maine Department of Environmental Protection, January 2006, which hereby are incorporated by reference pursuant to 30-A M.R.S.A. § 3003.
(b) The applicant shall meet the quantity and quality standards above either on site or off site. Where off-site facilities are used, the applicant must submit to the City documentation, approved as to legal sufficiency by the City’s attorney, that the applicant has a sufficient property interest in the property where the off-site facilities are located, by easement, covenant or other appropriate legal instrument, to ensure that the facilities will be able to provide post-construction stormwater management for the new development and that the property will not be altered in a way that interferes with the off-site facilities.
(c) Where the applicant proposes to retain ownership of the stormwater management facilities shown in its post-construction stormwater management plan, the applicant shall submit to the City documentation, approved as to legal sufficiency by the City’s attorney, that the applicant, its successors, heirs and assigns shall have the legal obligation and the resources available to operate, repair, maintain and replace the stormwater management facilities. Applications for new development or redevelopment requiring stormwater management facilities that will not be dedicated to the City shall enter into a maintenance agreement with the City. A sample of this maintenance agreement is attached as Appendix 1 to this article.[1]
(d) Whenever elements of the stormwater management facilities are not within the right-of-way of a public street and the facilities will not be offered to the City for acceptance as public facilities, the municipal permitting authority may require that perpetual easements not less than 30 feet in width, conforming substantially with the lines of existing natural drainage, and in a form acceptable to the City’s attorney, shall be provided to the City allowing access for maintenance, repair, replacement and improvement of the stormwater management facilities. When an offer of dedication is required by the municipal permitting authority, the applicant shall be responsible for the maintenance of these stormwater management facilities under this article until such time (if ever) as they are accepted by the City.
(e) In addition to any other applicable requirements of this article and the City’s Municipal Code, any new development which also requires a stormwater management permit from the Maine Department of Environmental Protection (DEP) under 38 M.R.S.A. § 420-D shall comply with the rules adopted by DEP under 38 M.R.S.A. § 420-D, Subsection 1, as the same may be amended from time to time, and the applicant shall document such compliance to the municipal permitting authority. Where the standards or other provisions of such stormwater rules conflict with municipal ordinances, the stricter (more protective) standard shall apply.
(f) The applicant shall be responsible for all costs, including but not limited to attorney’s fees incurred during the review of all documents by the City Attorney.
DIVISION 3: PLAN COMPLIANCE
Sec. 34-482 Demonstration of compliance.
Any person owning, operating, leasing or having control over stormwater management facilities required by a post-construction stormwater management plan approved under this article shall demonstrate compliance with that Plan as follows:
(1) That person or a qualified post-construction stormwater inspector hired by that person shall, at least annually, inspect the stormwater management facilities, including but not limited to any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures, in accordance with all municipal and state inspection, cleaning and maintenance requirements of the approved post-construction stormwater management plan.
(2) If the stormwater management Facilities require maintenance to function as intended by the approved post-construction stormwater management plan, that person shall take corrective action(s) to address the deficiency or deficiencies.
(3) That person shall employ a qualified post-construction stormwater inspector to provide, on or by March 1 of each year, a completed and signed certification to the enforcement authority in a form identical to that attached as Appendix 1 to this article or in a similar form approved by the City Engineer, certifying that the stormwater management facilities have been inspected, and that they are adequately maintained and functioning as intended by the approved post-construction stormwater management plan, or that they require maintenance or repair, describing any required maintenance and any deficiencies found during inspection of the stormwater management facilities. If the stormwater management facilities require, maintenance or repair of deficiencies in order to function as intended by the approved post-construction stormwater management plan, the person shall provide a record of the required maintenance or deficiency and corrective action(s) taken.
Sec. 34-483 Right of entry.
In order to determine compliance with this article and with the post-construction stormwater management plan, the enforcement authority may enter upon property at reasonable hours with the consent of the owner, occupant or agent to inspect the stormwater management facilities.
DIVISION 4: ENFORCEMENT; PENALTIES
Sec. 34-486 Notice of violation.
a) Whenever the enforcement authority believes that a person has violated this article or the post-construction stormwater management plan, the enforcement authority may order compliance with this article or with the post-construction stormwater management plan by written notice of violation to that person indicating the nature of the violation and ordering the action necessary to correct it, including, without limitation:
(1) The abatement of violations, and the cessation of practices or operations in violation of this article or of the post-construction stormwater management plan;
(2) At the person’s expense, compliance with BMPs required as a condition of approval of the new development, the repair of stormwater management facilities and/or the restoration of any affected property; and/or
(3) The payment of fines, of the City’s remediation costs and of the City’s reasonable administrative costs and attorneys’ fees and costs.
(b) If abatement of a violation, compliance with BMPs, repair of stormwater management facilities and/or restoration of affected property is required, the notice shall set forth a deadline within which such abatement, compliance, repair and/or restoration must be completed
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Frequently Asked Questions
What triggers the post-construction stormwater management requirement in Biddeford?
Any new development seeking a building permit, subdivision approval, site plan approval, or other land use approval must have a post-construction stormwater management plan that meets city requirements before that permit or approval can be granted. Applicants must also notify the permitting authority at the time of application if any best management practices in their plan will discharge to the city’s storm sewer system.
What standards apply to stormwater management plans in Biddeford?
Plans must meet the Maine Department of Environmental Protection’s Chapter 500 and 502 rules and follow the practices in the state’s Stormwater Management for Maine manual. Quantity and quality standards can be met on-site or off-site, though off-site facilities require documentation proving the applicant has sufficient legal interest in that property, such as an easement or covenant, to guarantee the facilities remain functional and unaltered.
Who pays for legal review of stormwater plans in Biddeford?
The applicant is responsible for all costs associated with the city attorney’s review of stormwater management documents, including attorney’s fees. This applies during the plan approval process, separate from any costs tied to future enforcement action.
Who is responsible for maintaining stormwater facilities that aren't dedicated to the city in Biddeford?
If an applicant retains ownership of its stormwater management facilities rather than dedicating them to the city, it must document the legal obligation and resources to operate, repair, maintain, and replace them, and enter into a maintenance agreement with the city. Where facilities sit outside a public street right-of-way and won’t be offered to the city, the city can require perpetual easements at least 30 feet wide for maintenance access.
How often do stormwater facilities need to be inspected in Biddeford, and when is the annual certification due?
Facilities must be inspected at least annually, covering parking areas, catch basins, drainage swales, detention basins and ponds, pipes, and related structures. The property owner must hire a qualified post-construction stormwater inspector to submit a signed certification to the enforcement authority by March 1 of each year, confirming the facilities are properly maintained and functioning, or documenting needed repairs and corrective actions taken.
What happens if a property violates its stormwater management plan in Biddeford?
The enforcement authority can issue a written notice of violation ordering the property into compliance, which may require abating the violation, repairing stormwater facilities or restoring affected property at the owner’s expense, and paying fines plus the city’s remediation and administrative costs. The notice sets a deadline for completing any required abatement, repair, or restoration.
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.
