Last Updated 07/20/2026
Excerpt from City of Burien Stormwater Ordinance
SURFACE WATER MANAGEMENT Article II. Surface Water Runoff
13.10.270 Operation and maintenance of stormwater facilities.
(1) Standards for maintenance of stormwater facilities existing on public or private property within the city are contained in the SWDM and the SPPM. Any maintenance agreement submitted and approved by the city through the permit process shall supersede maintenance requirements contained in the SWDM and the SPPM.
(2) No person shall cause or permit any drainage facility on any public or private property to be obstructed, filled, graded, or used for disposal of debris. Any such activity constitutes a violation of this chapter.
(3) Any modification of an existing drainage facility must be approved and permitted by the city. Failure to obtain permits and approvals, or to violate conditions thereof for any such alteration, constitutes a violation of this chapter.
(4) All stormwater facilities and conveyance systems not owned by Burien, including, but not limited to, roof downspout drains, driveway drains, source control BMPs, and treatment BMPs, shall be maintained by the persons responsible for the property.
Any persons responsible for property for which Burien has required stormwater facilities shall be responsible for the continual operation, maintenance, and repair of said stormwater facilities in accordance with the criteria set forth in the SWDM and the SPPM.
Each person responsible for property is responsible for maintenance of the property’s drainage facilities up to and including the point at which it connects with Burien’s stormwater management system. A right-of-way permit and standards apply in accordance with Chapter 12.18 BMC for work in Burien’s public street right-of-way.
(5) For drainage facilities referenced in subsection (4) of this section, failure to meet the maintenance requirements specified in the SWDM and the SPPM constitutes a violation of this chapter, and shall be enforced against the persons responsible for the property served by the stormwater facility, source control, or treatment BMP. Lack of operations and maintenance, as required by the SWDM and the SPPM and any approved maintenance agreements or covenants, is a violation of this chapter and will be enforced consistent with applicable laws, orders, or regulations. When an inspection identifies a failure to comply with the maintenance standard, the persons responsible for the property will perform work:
(a) Immediately and no later than 24 hours after discovery if maintenance is necessary to correct safety or health problems, and to prevent harmful materials from entering the stormwater system, or to remove harmful materials that have entered the stormwater system;
(b) Within six months of discovery for routine maintenance operations or minor repairs; or
(c) Within two years of discovery for maintenance that requires capital construction of less than $25,000;
(d) Within a timeline set by the public works director for maintenance that requires capital construction that exceeds $25,000.
(6) Burien’s Acceptance of Existing Residential Stormwater Facilities. Burien may accept for maintenance those stormwater facilities serving residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:
(a) The stormwater facilities serve more than one individual house or property;
(b) An inspection by the director has determined that the stormwater facilities are functioning as designed;
(c) The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director;
(d) An inspection by the director has determined that the stormwater facilities are accessible for maintenance using existing city equipment;
(e) The persons responsible for the property served by the stormwater facilities have submitted a petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that Burien maintain the stormwater facilities;
(f) An easement or dedication of the property is offered by the property owner at no cost;
(g) All easements entitling Burien to properly access, operate and maintain the subject stormwater facilities have been conveyed to Burien and have been recorded with the King County office of records and elections;
(h) The persons responsible for the property served by the stormwater facilities show proof of the correction of any defects in the drainage facilities, including provision of maintenance access, as required by the director; and
(i) Burien formally accepts said infrastructure for operation and maintenance.
(7) Disposal of waste from maintenance activities shall be conducted in accordance with the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC; guidelines published by the Washington State Department of Ecology for disposal of waste materials from stormwater maintenance activities, and, where appropriate, the Dangerous Waste Regulations.
Article IV. Inspection and Enforcement
13.10.500 Inspection and sampling.
(1) Inspections for compliance with the provisions of this chapter shall be allowed as follows:
(a) Construction and Development Inspection. The director or designee shall have access to any site for which a permit as listed in BMC 13.10.130 has been issued, during regular business hours, for the purpose of review of erosion control practices and stormwater facilities, and to ensure compliance with the terms of such permit. Applicants for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes. Inspection procedures shall be as outlined in subsection (2) of this section.
(b) Inspection for Cause. Whenever there is cause to believe that a violation of this chapter has been or is being committed, the director or designee is authorized to inspect the property during regular business hours, and at any other time reasonable given the circumstances. Inspection procedures shall be as outlined in subsection (2) of this section.
(c) Inspection for Maintenance and Source Control Best Management Practices. The director or designee may inspect stormwater facilities in order to ensure continued functioning of the facilities for the purposes for which they were constructed, and to ensure that maintenance is being performed in accordance with the standards of this chapter and any maintenance schedule adopted during the plan review process for the property. The director also may enter the site for the purposes of observing source control and treatment BMPs. The persons responsible for the property of the site shall allow any authorized representative of the director or designee access during regular business hours, or at any other time reasonable in the circumstances, for the purpose of inspection, sampling, and records examination.
(d) Drainage Pipeline Video Inspection for New and Redevelopment. The property owner or the applicant shall conduct video inspection of the newly constructed or modified drainage systems that are equal or larger than an eight-inch diameter pipe. The city may require pipeline video inspection for a pipe smaller than eight inches. The applicant or property owner shall be responsible for the cost of video inspections.
(2) Inspection Procedure. Prior to making any inspections, the director or designee shall present identification credentials, state the reason for the inspection, and request entry of the owner or other person having charge or control of the property, if available, or as provided below.
(a) If the property or any building or structure on the property is unoccupied, the director or his designee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
(b) If, after reasonable effort, the director or his designee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site or of the surface and stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
(3) Water sampling and analysis for determination of compliance with this chapter shall be allowed as follows:
(a) Sample Collection. When the director has reason to believe that a violation exists or is occurring on a property, the director shall have the authority to set up on the site such devices as are necessary to conduct sampling, inspection, compliance monitoring, or flow measuring operations.
(b) Sample Analysis. Analysis of samples collected during investigation of potential violations shall be analyzed by a laboratory certified by the State Department of Ecology as competent to perform the required analysis using standard practices and procedures.
(c) Cost of Sample Collection and Analysis. If it is determined that a violation of this chapter exists on the site, the owner of the property shall pay the city’s actual costs for collecting samples and for laboratory analysis of those samples. If it is found that a violation does not exist, the city will pay such charges.
(d) Establish a Sampling Plan. If it is determined that a violation of this chapter exists, the director may require the property owner or applicant to prepare a monitoring and sampling plan to assure that compliance is occurring. The monitoring and sampling plan shall be approved by the director prior to implementation.
13.10.510 Enforcement – Violations.
Any violations of this chapter, the SWDM, or the SPPM are violations of this chapter and code and are subject to the provisions of this section. In addition to the listed enforcement options, the city may also pursue any other lawful civil, criminal or equitable remedy or relief. At the director of public works’ discretion, the choice of enforcement option taken and the severity of any monetary penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, the public resources expended to take enforcement action and ensure compliance with this chapter, and/or the degree of bad faith of the persons subject to the enforcement action. Enforcement options are cumulative and shall not be deemed exclusive.
(1) Nuisance. Any structure, condition, act or failure to act which violates any provision of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and may be abated using the procedures of Chapters 1.15, 8.45 and 9.75 BMC, as currently written or hereafter amended or as otherwise allowed by law.
(2) Violation. Any structure, condition, act or failure to act which violates any provision of this chapter shall be, and the same is declared to be, unlawful and is subject to the enforcement and penalty provisions of this section, Chapter 1.15 BMC, and BMC 13.10.520.
(3) Criminal. Any willful violation of the provisions of this chapter is deemed a misdemeanor.
13.10.520 Enforcement – Civil penalties.
Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be liable for all damages to public or private property arising from such violation and for all costs of inspection and sampling in the event the violation constitutes an illicit discharge. If the city repairs or replaces the damaged property, the actual cost to the city for such repair or replacement shall be assessed against the responsible party and shall be due and payable within 10 days of the date of written notice of the same. Delinquent bills may be collected by a civil action or as otherwise allowed by law. If the city obtains judgment, it shall also be entitled to reimbursement for court costs and reasonable attorney’s fees expended in the litigation.
(1) Monetary Penalty.
(a) The amount of the monetary penalty per day or portion thereof for each violation of this chapter shall be as set forth in Chapter 1.15 BMC.
(b) In the event of a conflict between this chapter and any other provision of this code or city ordinances providing for a civil penalty, this chapter shall control.
(2) Payment of a monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the director of public works
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Frequently Asked Questions
Who is responsible for stormwater compliance in Burien?
In Burien, the person responsible for the property is responsible for all stormwater facilities on that property. This includes roof downspout drains, driveway drains, source control BMPs, and treatment BMPs. Your responsibility extends from your property all the way to the point where your drainage system connects to Burien’s public stormwater system.
This obligation does not transfer to tenants. Even if someone else occupies the property, the person responsible for the property is on the hook for maintenance, operation, and repair. AQUALIS can manage these obligations on your behalf.
Why does stormwater maintenance matter for Burien property owners?
Burien’s ordinance sets strict timelines for correcting maintenance failures, and the consequences of missing them escalate quickly.
24 hours to address anything that poses a safety or health risk or involves harmful materials reaching or already in the stormwater system.
6 months for routine maintenance and minor repairs identified during an inspection.
2 years for maintenance that requires capital construction under $25,000.
If you do not act within these timelines, the City can make the repairs itself and bill you for the full cost, plus court costs and attorney fees if it has to pursue collection. Willful violations can also be prosecuted as a misdemeanor.
What are the most common stormwater compliance failures in Burien?
Based on AQUALIS’s inspection experience and Burien’s ordinance, these are the issues we see most often.
Obstructed or filled drainage facilities. Burien’s ordinance explicitly prohibits blocking, filling, or using drainage facilities for debris disposal. This includes informal changes like directing mulch or soil runoff into catch basins or drainage swales.
Unpermitted drainage modifications. Any change to an existing drainage facility requires City approval. Modifications made without a permit are an automatic violation, even if the change seemed minor.
Failure to maintain BMPs per City standards. Source control and treatment BMPs must be maintained in accordance with Burien’s Stormwater Design Manual and Surface and Stormwater Pollution Prevention Manual. Neglected systems are the most common trigger for enforcement action.
Missing maintenance agreements. Properties required to have a maintenance agreement or declaration of covenant on file must keep those documents current and comply with their terms. Properties that have changed hands often have gaps in this documentation.
How do I know if my Burien stormwater system is at risk?
Watch for these warning signs.
Water is not draining properly. Standing water more than 72 hours after rain, or drainage backing up toward your building, suggests your system is not functioning as required.
Visible blockages or debris. Anything obstructing inlets, outlets, or conveyance pipes is a violation under Burien’s ordinance and needs to be addressed immediately.
You made changes to drainage without a permit. Any modification to an existing drainage facility requires City approval. If work was done without one, that is an active violation.
You do not have a maintenance agreement on file. If your property was required to have a Declaration of Covenant for maintenance and inspection of drainage facilities, that document needs to be recorded and its requirements followed. If you are unsure whether one exists for your property, AQUALIS can help you find out.
Recent property purchase. Maintenance obligations in Burien transfer with the property. If you recently bought a commercial property, getting a clear picture of the stormwater system’s condition and compliance history protects you from inheriting unresolved issues.
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.
