Last Updated 08/14/2026
State of Ohio Storm Water Program
CHAPTER 3745-39 OF THE ADMINISTRATIVE CODE
3745-39-02 Objectives of the Ohio EPA storm water management program for small MS4s.
(A) Storm water runoff continues to harm Ohio’s waters. Runoff from lands modified by human activities can harm surface water resources in several ways, including the changing of natural hydrologic patterns and elevating pollutant concentrations and loadings. Storm water runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding substances and floatables.
(B) The purpose of the Ohio EPA storm water management program for small municipal separate storm sewer systems (MS4s) is to regulate sources to protect water quality and to establish a comprehensive storm water management program. In this program, small MS4s have flexibility to determine the best management practices and measurable goals that are most appropriate for their system, for each of the six minimum control measures described in paragraph (C) of rule 3745-39-03 of the Administrative Code.
(C) What constitutes a municipal separate storm sewer system is often misinterpreted and misunderstood. The term does not solely refer to municipally owned storm sewer systems, but rather is a term of art with a much broader application that can include, in addition to local jurisdictions, state and federal facilities, public universities, local sewer districts, public hospitals, federal installations, military bases and prisons. The municipal separate storm sewer system is not just a system of underground pipes – it can include roads with drainage systems, gutters and ditches.
Ohio EPA NPDES requirements for small MS4s.
(2) Minimum control measures.
(e) Post-construction storm water management in new development and redevelopment
- You must develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts.
- You must:
- Develop and implement strategies that include a combination of structural, non-structural, or both types of best management practices as you determine appropriate for your community;
- Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under state or local law; and
- Ensure adequate long-term operation and maintenance of best management practices.
Canto, OH Municipal Code
Chapter 961 Stormwater Management Ordinance
961.01 PURPOSES.
The purpose of this chapter is to provide for the health, safety and general welfare of the citizens through the regulation of storm water discharges in the City of Canton. This chapter seeks to meet that purpose through the following objectives:
- To enable the City of Canton to comply with the National Pollutant Discharge Elimination System Storm Water Program requirements and other applicable federal and state regulations.
- To facilitate compliance by owners of construction sites, developments and permanent storm water management systems within the City of Canton with federal and state standards and permits.
- To protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased storm water discharges from new land development and redevelopment.
- To control the rate, volume and quality of storm water runoff originating from development and redevelopment sites so that surface water, groundwater, and properties are protected and flooding and erosion potential are not increased.
- To inhibit the deterioration of water resources resulting from development.
- To control non-point source pollution and stream channel erosion.
- To maintain the integrity of stream channels and networks for their biological functions, drainage, and natural recharge of groundwater.
- To protect the condition of state (and U.S.) waters for all reasonable public uses and ecological functions.
- To provide long-term responsibility for and maintenance of storm water management systems.
- To facilitate the integration of storm water management and pollution control with other ordinances, programs, policies and the comprehensive plan of the City of Canton.
- To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges from development and redevelopment activities.
- To prohibit illicit and unauthorized discharges and illegal connections to the MS4 and establish respective enforcement provisions.
- To establish legal authority to carry out all the inspection and monitoring procedures necessary to ensure compliance with this chapter.
961.05 ADOPTION OF “CITY OF CANTON STORM WATER MANAGEMENT MANUAL”.
- Subject to the provisions set forth in this chapter, the City of Canton hereby adopts the “City of Canton Storm Water Management Manual” which provides policy, standards, applicability, criteria, requirements, recommendations and guidance for general storm water drainage, storm water quality management, and storm water quality management in the City of Canton that are not provided explicitly in this chapter. A copy of the “City of Canton Storm Water Management Manual” is hereby referenced and adopted as part of this chapter.
- The City Engineer is authorized to amend, supplement, or revise the “City of Canton Storm Water Management Manual”. The City of Canton Storm Water Management Manual, shall be made available in the Office of the City Engineer, and may be updated and expanded from time to time, at the discretion of the City Engineering Department, based on improvements in engineering, science, monitoring, local maintenance experience, and federal or state regulations.
961.12 ADMINISTRATIVE INSPECTION WARRANT.
The Director of Public Service or designee may apply to any court of record within his jurisdiction for an administrative inspection warrant pursuant to Ohio R.C. 2933.21 (F), under any of the following circumstances:
- If any inspection required pursuant to law is refused, hindered or thwarted by the owner or the agent of the owner; or
- If in the opinion of the Director of Public Service or designee an inspection is necessary to determine the existence of articulable physical conditions which are or may become hazardous to the public health, safety or welfare of any person or persons; or
- The Director of Public Service or designee has reason to believe that hazardous or dangerous conditions exist, that there are conditions existing which constitute a violation of this Chapter, or reason to believe that there is non-compliance or lack of maintenance of previously imposed storm water management requirements.
961.13 ENFORCEMENT.
- Notice of Violation of Regulations.
- Upon commencing or completion of an activity subject to these regulations, if upon inspection, the Director of Public Service or designee determines that conditions exist in violation of the existing regulations, the matter may be referred to the designated City Department or entity for further enforcement action pursuant to the applicable part of this Chapter.
- Upon determination that a person has violated a prohibition or failed to meet a requirement of this Chapter, the designee may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered and/or sent by registered mail to the owner/operator of the facility, and shall contain:
- The name and address of the owner or the applicant or the responsible person.
- The address or other description of the site upon which the violation is occurring.
- A statement specifying the nature of the violation.
- A description of the remedial measures necessary to bring the action or inaction into compliance with this Chapter and the date for the completion of such remedial action. Remedial measures may include, but are not limited to, the following, as applicable:
- The performance of monitoring, analyses, and reporting;
- The elimination of illicit discharges or illegal connections;
- That violating discharges, practices, or operations cease and desist;
- The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
- The implementation of source control or treatment BMP’s; or
- The necessary maintenance or reconstruction to be in substantial compliance with the approved plans (if applicable) or otherwise to the satisfaction of the Director of Public Service or designee.
Excerpt from City of Canton, Ohio Stormwater Management Manual
I. Long-Term Maintenance Plan Required
A Long-Term Maintenance Plan (LTMP) shall be provided for all post-construction storm water BMPs implemented pursuant to these regulations. LTMPs shall comply with the following requirements:
- LTMPs shall be provided by the regulated party to the Stark SWCD as part of the SWP3 review.
- LTMPs shall be provided to the party responsible for post-construction operation of the site (including homeowner associations) upon completion of construction activities or as otherwise directed by Stark SWCD.
- Separate LTMPs shall be submitted for BMPs located on separate properties.
- LTMP contents: To ensure that storm water management systems function as they were designed and constructed, the LTMP shall be a stand-alone document, which contains, at a minimum:
- Cover sheet showing site name, date, and description of site’s immediate receiving drainage system (e.g. Water of the State, private system, City of Canton MS4, Stark County MS4, Township MS4, etc.).
- Responsible party: A designated person, party, or entity responsible for inspection and maintenance of the BMP(s), including contact information (i.e. address, telephone number, email, etc.).
- Assurance of operation and maintenance: A description of how BMP(s) will be operated and maintained in the absence or dissolution of the designated responsible party, including how such responsibilities will be transferred upon the sale of the subject property.
- BMP information: Descriptions of all post-construction storm water BMPs and all supporting design and installation data.
- Maintenance responsibilities: The routine and non-routine maintenance tasks to be undertaken.
- A schedule for inspection and maintenance.
- Easements and agreements: Any necessary legally binding maintenance easements and agreements.
- Map: A map showing all BMP locations and any access and maintenance easements.
- Statement prohibiting BMP alterations: A statement prohibiting the alteration of BMPs unless otherwise approved by the City of Canton and/or Stark SWCD.
- Pollutant disposal statement: A statement that any pollutants collected within post-construction BMPs shall be disposed of in accordance with local, state, and federal regulations.
- Statement of City of Canton authority: A statement acknowledging the City of Canton’s inspection and enforcement rights for violations of Chapter 961 Storm Water Management of the City of Canton codified ordinances.
- Statement of acceptance of responsibility: A statement acknowledging that the contents are requirements of the LTMP are understood an accepted by the responsible party.
- A printed name, signature, and date of signature of the responsible party.
- Any other information as required by Stark SWCD.
N. Inspection for Compliance with Storm Water Quality Management Requirements
1. General Authority: The regulated party shall allow an authorized representative of Ohio EPA, the City of Canton, and/or Stark SWCD, upon the presentation of credentials and other documents as may be required by law, to:
- Enter upon the regulated party’s premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of these regulations;
- Have access to and copy at reasonable times, any records that must be kept under the conditions of these regulations;
- Inspect at reasonable times any facilities or equipment (including monitoring and control equipment); and
- Sample or monitor at reasonable times, for the purposes of assuring compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
2. Inspections During Construction Activities:
- Inspections by regulated party: Inspections shall comply with requirements of the Construction Storm Water Permit or as otherwise directed by Stark SWCD.
- Inspections by Stark SWCD: Inspections shall be conducted per the Stark County Storm Water Quality Regulations.
3. Long-Term Inspections of Post-Construction BMPs:
- Inspections by Responsible Party: Responsible parties, as described in a Long-Term Maintenance Plan for post-construction BMPs, shall inspect post-construction BMPs in accordance with terms described in the Long-Term Maintenance Plan.
- Annual Inspections by Stark SWCD: Stark SWCD performs annual inspections of post-construction BMPs with the exception of alternative BMPs. Alternative BMPs shall be inspected by the responsible party and certified of their proper operation and maintenance accordingly. Stark SWCD will issue an inspection report to the responsible party for each post-construction BMP inspected, detailing any maintenance needs and an associated timeline for completion. A copy of the inspection report will be sent to the City of Canton. Inspections by the Stark SWCD do not relieve the responsible party from their obligation to inspect and maintain respective post-construction storm water BMPs.
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Frequently Asked Questions
What stormwater regulations apply to properties in Canton, Ohio?
Properties in Canton are governed by Chapter 961, the city’s Storm Water Management Ordinance, adopted in 2009 to comply with the National Pollutant Discharge Elimination System (NPDES) Storm Water Program. The ordinance is administered by the City Engineer and Director of Public Service and is supplemented by the City of Canton Storm Water Management Manual, which sets design standards, requirements, and guidance.
What is a Long Term Maintenance Plan, and who needs one in Canton?
A Long Term Maintenance Plan, or LTMP, is a required document for properties with post-construction stormwater control measures in Canton. It establishes how the property’s best management practices, or BMPs, will be maintained on an ongoing basis and is required as part of meeting the city’s perpetual post-construction runoff quality and quantity management standard.
What has to be included in a Long Term Maintenance Plan in Canton?
A Canton LTMP must identify a designated responsible party with contact information, describe all BMPs and their supporting design data, list routine and non-routine maintenance tasks, set an inspection schedule, include legally binding maintenance easements and agreements, provide a site map showing BMP locations and easements, state that BMPs cannot be altered without approval, and acknowledge the City of Canton’s inspection and enforcement rights.
How often are stormwater BMPs inspected in Canton?
The Stark Soil and Water Conservation District conducts annual post-construction inspections of BMPs and issues reports detailing any maintenance needs and timelines for addressing them.
Does an annual Stark SWCD inspection remove my responsibility to maintain my BMPs in Canton?
No. Inspections by the Stark SWCD do not relieve the responsible party of their obligation to inspect and maintain BMPs according to the terms of their Long Term Maintenance Plan. The annual inspection is a check on compliance, not a substitute for the owner’s own maintenance program.
What happens if I violate Canton's stormwater ordinance?
The Director of Public Service may issue a written Notice of Violation specifying the violation and requiring remedial measures, which can include eliminating illicit discharges or illegal connections and implementing source control or treatment BMPs.
How can AQUALIS help with stormwater compliance in Canton?
AQUALIS helps property owners develop and maintain Long Term Maintenance Plans, performs the routine and non-routine BMP maintenance an LTMP requires, prepares properties for annual Stark SWCD inspections, supports illicit discharge response and recordkeeping, and provides documentation to demonstrate compliance if the city issues a request or a Notice of Violation.
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.
