Last Updated 07/24/2026
Burlington, VT Stormwater Ordinance-Chapter 26
ARTICLE III. STORMWATER AND EROSION CONTROL
26-155 Stormwater manual.
The stormwater manual as referenced in this article refers to the technical analysis and design standards specified in the Vermont Stormwater Manual (Volumes I and II), latest revision and to the City of Burlington, Department of Public Works Stormwater and Erosion Control Specifications, Standards and Management Practices Design Manual.
7.3.1 Purpose and Definitions
- This section is intended to protect water quality for present and future residents of the Town and surrounding regions by limiting the amount of pollutants, including but not limited to nitrogen and phosphorus, in stormwater runoff. Specific objectives include: control of nitrogen and phosphorus export from development, control of peak stormwater runoff, and the use of best management practices.
26-156 Stormwater treatment standards and treatment practice design criteria.
The following stormwater treatment standards may apply to those projects, conditions and activities regulated under this division and where applicable, shall be applied as required and outlined in the Vermont Stormwater Manual, (Volumes I and II), latest revision, to the maximum extent practicable as determined by the director of the department of public works.
- Water quality treatment standards.
- Channel protection treatment standards.
- Groundwater recharge treatment standards.
- Over bank flood protection treatment standards.
- Extreme flood protection treatment standards and, where applicable,
- Hydraulic capacity standard. In instances where discharges, connections and/or releases of stormwater are to city public sewers, infrastructure, and/or facilities, the applicant must make demonstration to the satisfaction of the director at the department of public works that the public sewer, infrastructure and/or facility has the hydraulic capacity to accommodate the anticipated stormwater runoff flows and volumes without burdening or creating an adverse impact on such infrastructure and facilities. If the hydraulic capacity analyses shows city infrastructure will be exceeded and/or burdened, the applicant may seek to mitigate such impacts through flow reduction, retention, detention, infiltration and/or water re-use stormwater management practices upon the approval of the director on a case-by-case basis.
26-157 Use of alternative stormwater management practices.
The city recognizes that in some instances the ability to strictly meet the requirements of section 26-156, stormwater treatment standards and treatment practice design criteria, may not be possible, feasible or desired in an urban landscape. As such the city encourages the use of alternative management practices and technologies as a way to both satisfy the requirements of this division, to give flexibility to design and to encourage green Infrastructure (green), best management practices (BMP), low impact design (LID) or other innovative practices that in the opinion of the department of public works satisfies the requirements of this division. Such practices include but are not limited to, green roofs, alternative detention practices, water reuse, including stormwater use, infiltration practices, including pervious and porous pavements and pavers. See Burlington’s Guidelines for Stormwater Pollutant Reduction, September 1999 and as may be amended and EPA “Managing Wet Weather with Green Infrastructure Action Strategy”, January 2008, and as amended.
Persons subject to this division may utilize alternative stormwater management practices as a means of meeting the standards established in section 26-156. Persons seeking to employ any alternative practice must provide descriptions and standard details as well as a make a demonstration that such alternative practice meets or exceeds the standards of section 26-156, that the standards of section 26-156 are not applicable, and/or the alternative practice mitigates the impact that section 26-156 seeks to address, subject to the department of public works for review and approval. A maintenance and a installation guide shall also be provided to ensure the materials are properly installed. When considering any alternative stormwater management practice, the department of public works will evaluate and determine if such practice is consistent with the city MS4, CSO and use of public sewers permits and ordinances, including this chapter. Where such management practices are found to be consistent with or likely not to compromise the city MS4, CSO and use of public sewers permits and ordinances, the department of public works may grant their use on a case-by-case basis.
26-158 Stormwater management plan.
(a) Review and approval. The department of public works will review each stormwater management plan to determine its conformance with the provisions of this division, unless such review is explicitly exempted within this division. Within thirty (30) days after receiving a complete plan and application, the department of public works shall in writing:
- Approve the plan;
- Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this division, and require that the issuance of the zoning permit and/or building permit be subject to these conditions; or
- Disapprove the plan, indicating the reason(s) and procedure for submitting a revised plan.
(b) Plan requirements. The stormwater management plan shall be prepared and signed by a licensed, professional engineer who shall verify and demonstrate conformance to the applicable water quality treatment standards and stormwater management design criteria contained in this division. The stormwater management plan shall contain both narrative and map(s) that clearly provide the following information:
- Contact information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected and similar information on the persons charged with the responsibility of constructing, maintaining and managing such stormwater systems.
- Site plan. A map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural stormwater management and sediment control facilities. The map will also clearly show proposed land use with tabulation of total lot size in acres, percentage of surface areas to be disturbed, percentage of existing and proposed impervious surfaces, drainage patters, locations of utilities, limits of clearing and grading, and all easements, including those easements necessary for required maintenance of all stormwater treatment practices.
- Base map. A one (1) inch = two hundred (200) feet topographic base map of the site which extends a minimum of three hundred (300) feet beyond the limits of the proposed development and indicates existing surface water drainage including streams, ponds, culverts, ditches, and wetlands, including associated buffer zones, and current land use including all existing buildings, utilities, roads, and significant natural and manmade features not otherwise shown.
- Calculations. Sufficient engineering analysis to show that the proposed stormwater treatment practices are capable of controlling runoff from the site in compliance with this division and the Vermont Stormwater Manual. The analysis shall also include hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in the department of public works design manual with specific emphasis on demonstrating how post-development flows are maintained for discharges to the MS4 and/or where applicable demonstrating how post-development flows are detained for discharges to the CS.
- Soils report. A soils report that addresses the hydrologic properties of onsite soils shall be submitted. The soils report and accompanying information shall be based on the Operation maintenance and repair plan. The design and planning of all stormwater management facilities shall include detailed operation maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that needs to be maintained. The operation and maintenance and repair plan shall also include:
- Operation maintenance and repair plan. The design and planning of all stormwater management facilities shall include detailed operation maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that needs to be maintained. The operation and maintenance and repair plan shall also include:
a. A landscape plan. The applicant must present a detailed plan for the management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetation cover is preserved.
b. Maintenance easements. Prior to the issuance of any permit that has a stormwater management facility as a requirement, the applicant or owner of the site must execute a maintenance easement that shall be binding on all subsequent owners of land served by the stormwater management facility. The purpose of the maintenance easement shall be to allow access to the stormwater management facility to perform maintenance as required by the maintenance agreement noted in subsection c. below. The easement shall provide for access to the facility at reasonable times for periodic inspection by the city, or its contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The property owner shall record such easement, in a form and format approved by the city attorney, in the city land records with the city clerk’s office.
c. Maintenance agreement. The applicant must execute a maintenance agreement binding on all subsequent owners of land served by an onsite stormwater management measure. The maintenance agreement shall be recorded in the land records before the issuance of a building permit and shall specify the required maintenance for all stormwater treatment practices, along with a maintenance schedule specifying when and how often maintenance is performed on the stormwater treatment practices and a demonstrated financial ability to perform such maintenance. Such agreement shall be in a form and format approved by the city attorney, and be filed in the city land records. The owner is responsible for maintenance of stormwater management facilities; however, the city may accept dedication of existing or future stormwater management facilities for public maintenance and inspection.
d. Maintenance inspections. All stormwater management facilities must be inspected by the department of public works no less than once annually to identify maintenance and repair needs and to ensure compliance with the requirements of this division. Any identified maintenance and/or repair needs found must be promptly addressed by the responsible party. The inspection and maintenance requirement may be increased as deemed necessary by the city to ensure proper functioning of the stormwater management facility.
e. Records of installation and maintenance activities. Parties responsible for the inspection, operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs and shall retain the records for at least five (5) years. These records shall be made available to the director upon request and/or as specifically outlined in the maintenance covenant.
f. Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the city, after proper notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition and/or shall handle the matter as a violation per section 26-4, penalties and enforcement.
7 . Landscaping and stabilization requirements. Any area of land for which the natural vegetative cover has been either partially or wholly cleared or removed by land disturbance activities subject to this division shall be revegetated within ten (10) business days from the substantial completion of such clearing and construction. Additionally, the following requirements apply until such time as final site stabilization has been achieved:
a. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety (90) percent of the seeded area.
b. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
c. Any area of revegetation must exhibit survival of a minimum of seventy-five (75) percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five (75) percent survival for one (1) year is achieved.
d. Any and all accumulated sediments transported offsite and deposited onto city streets, and sidewalks shall be routinely and frequently swept up to prevent their discharge into stormwater and/or the city’s public sewer.
DIVISION 5. STORMWATER SYSTEM USER FEES
26-171 Establishment of stormwater user fees.
(a) A user fee based on an impervious surface unit (ISU) shall be imposed on every owner of non-exempt developed property within the city. An ISU shall equal one thousand (1,000) square feet.
(b) The city council shall have the authority to set and modify the user fee rates so that the total revenue generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the city’s stormwater program.
(c) The city council shall establish by resolution the monthly rate for each ISU. The monthly user fee for a specific property is determined by multiplying the ISU rate times the number of ISUs on the property.
(d) The only exempt properties under this division are those included within the limits of a railroad track right-of-way (property on which railroad stations, maintenance buildings, or other developed land used for railroad purposes is located shall not be exempt) and those included within the limits of a public road right-of-way.
26-173 Credits.
(a) Institutional properties with impervious surface within a publicly owned nontraditional separate MS4 system shall receive a credit on their stormwater user fee. This credit applies only to impervious surfaces within the boundaries of the publicly owned non-traditional separate MS4 system.
(b) Properties not subject to a flat fee may be eligible for a credit on their stormwater user fee. Credits shall be available to properties that reduce the volume, or improve the water quality, of stormwater runoff. The degree of credit shall be based on the degree of reduction in stormwater runoff volume and/or the degree of water quality improvement of stormwater runoff. No credit shall exceed fifty (50) percent of the stormwater user fee, and in no event shall any credit result in a stormwater user fee below the flat fee for a single -family home. Credits shall be reviewed and assessed by the director based on the rules and procedures contained in the Stormwater User Fee Credit Manual. Any award of credit shall be conditioned on continuing compliance with the city’s design and performance standards as stated in the manual and/or upon continuing provision of the systems, facilities, services, and activities provided, operated, and maintained by the property owner or owners upon which the credit is based. The director may revoke a credit at any time for noncompliance by providing thirty (30) days written notice of a noncomplying condition and intent to revoke the credit to the property owner. If the noncompliance is not cured within the thirty (30) day period, the director shall eliminate the credit. A property owner may appeal the director’s determination regarding credit revocation to the public works commission within fifteen (15) days of the determination.
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Frequently Asked Questions
What is stormwater compliance in the City of Burlington?
Stormwater compliance in Burlington means following Chapter 26 of the City Code, which establishes requirements for stormwater and erosion control during and after construction. Burlington established a dedicated stormwater program in 2009 to address its MS4 permit requirements, which were renewed in 2008 with stricter standards that required a funded program to meet.
Burlington’s stormwater program is directly tied to the water quality of Lake Champlain and the Winooski River, both of which receive runoff from the City. Burlington also operates a combined sewer system in portions of the city, where stormwater and wastewater share the same pipes. During heavy rain events, this system can overflow. Effective on-site stormwater management reduces the frequency and severity of those overflows and the water quality impacts that result.
Who is responsible for stormwater maintenance in Burlington?
Property owners are responsible for maintaining all stormwater management facilities on their property. Before any permit requiring a stormwater management facility is issued, the property owner must execute both a maintenance easement and a maintenance agreement, both recorded in the City land records in a form approved by the City Attorney. The agreement must specify the required maintenance for all stormwater treatment practices, include a maintenance schedule, and demonstrate the owner’s financial ability to perform maintenance.
The maintenance easement and agreement are binding on all subsequent owners of land served by the facility. If a responsible party fails to meet the requirements of the maintenance agreement, the City may perform the necessary work after proper notice and handle the matter as a violation.
AQUALIS can manage your maintenance obligations, keep your records current, and ensure your annual compliance is documented.
How does Burlington's stormwater user fee work?
Burlington collects a monthly stormwater user fee from all non-exempt developed property owners based on Impervious Surface Units (ISUs). One ISU equals 1,000 square feet of impervious surface.
Residential properties are charged based on flat allocations: detached single-family homes are charged 2.67 ISUs, two-unit homes 2.65 ISUs, and three-unit homes 3.06 ISUs. Commercial, industrial, and other non-residential properties are charged based on actual impervious area calculated to the nearest hundred square feet and converted to ISUs.
If you believe the ISU allocation for your property is incorrect, you may contest it in writing to the director. An on-site inspection will be conducted jointly with you or your representative, and the director’s determination may be appealed to the Public Works Commission within 15 days. The only exempt properties are those within railroad track rights-of-way and public road rights-of-way.
Can Burlington stormwater fees be reduced?
Yes, for properties not subject to a flat fee. Burlington offers stormwater user fee credits to properties that reduce the volume of stormwater runoff or improve water quality. Credits are assessed based on the degree of reduction achieved and are governed by the Burlington Stormwater Credit Manual.
No credit may exceed 50 percent of the stormwater user fee, and no credit may reduce a property’s fee below the flat fee for a single-family home. Credits are conditioned on continuing compliance with the City’s design and performance standards. If a credit-qualifying condition is no longer being maintained, the director may revoke the credit after providing 30 days written notice. A property owner may appeal a revocation determination to the Public Works Commission within 15 days.
AQUALIS can evaluate your property’s stormwater practices, help determine what may qualify for credits, and assist with the credit application process.
How do I know if my Burlington stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
Construction or land disturbance started without Department of Public Works approval. Burlington requires written approval before any project begins, including work disturbing as little as 400 square feet. Unpermitted work is an immediate violation. You must also notify the Department of Public Works in advance before installation of any stormwater management system so inspections can be arranged.
No maintenance easement or agreement recorded. Both documents must be recorded in the City land records before any permit with a stormwater facility requirement is issued. If either was not recorded, or if the property changed hands without the documents transferring, that is an active compliance gap.
Annual inspection not completed or maintenance records not on file. Burlington requires annual inspections of all stormwater management facilities, with records retained for at least 5 years and made available to the director upon request. Missing records are a direct compliance issue.
A release occurred and was not reported. Hazardous material releases must be reported immediately to emergency response agencies. Non-hazardous releases must be reported to the Department of Public Works by the next business day and confirmed in writing within 3 business days. Commercial and industrial operators must retain on-site written records of any discharge for at least 3 years.
Recent property purchase. The maintenance easement and agreement run with the land. If you recently acquired a commercial property with stormwater facilities and were not provided these documents or any maintenance history, AQUALIS can assess the current condition of your facilities and help you get your documentation current.
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.
