Last Updated 08/14/2026
Cleveland Municipal Code
CHAPTER 3116 – CONSTRUCTION AND POST-CONSTRUCTION SITE STORM WATER RUNOFF CONTROL
3116.10 Final Inspection, Certificate of Completion of Construction Activities and Post Construction Management
MEMORANDUM OF UNDERSTANDING
Between the THE DOAN BROOK WATERSHED PARTNERSHIP And the CITY OF CLEVELAND
Recognizing the need for effective collaboration in carrying out mandated responsibilities, especially related to the National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II permit, the City of Cleveland (City) and the Doan Brook Watershed Partnership (DBWP) accept this agreement as the document which describes the process for exchange. Cooperation between these two units facilitates solutions to problems encountered by the city as it plans for the development/redevelopment and conservation of its environment, as well as, water quality improvements. In making technical assistance and expertise available to the City, the DBWP hopes to influence local planning and regulatory capability toward better conservation of water resources.
For ease of understanding, this agreement is arranged according to the order of the Six Minimum Controls for NPDES Phase II for stormwater as defined with the Ohio Revised Code 3745-39-04 (B)(l) through (6).
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Frequently Asked Questions
Who enforces post-construction stormwater compliance in Cleveland?
The Director of Building and Housing administers and enforces Chapter 3116, including permit review, inspections, and citations for violations of post-construction best management practice requirements.
What is a long-term inspection and maintenance covenant in Cleveland?
It’s a legal document required as part of the construction permit process that commits a property to ongoing inspection and maintenance of its stormwater best management practices. The covenant is recorded with the Cuyahoga County Recorder’s Office and is binding on the owner, the owner’s successors and assigns, and all subsequent owners of the property.
Does a stormwater maintenance covenant transfer if I sell my property in Cleveland?
Yes. Because the long-term inspection and maintenance covenant is recorded with the county and binds successors and assigns, the post-construction maintenance obligation carries over to a new owner when the property is sold.
How often do I need to inspect stormwater BMPs on my property in Cleveland?
Structural best management practices must be inspected every six months and after major storm events during the first year of operation, and at least once every year after that.
What happens if I don't comply with Cleveland's post-construction BMP requirements?
Failing to comply with post-construction BMP requirements is a violation of Chapter 3116. The city can make corrections itself or issue citations under the Codified Ordinances.
Do I need to give a post-construction operation and maintenance plan to a new owner if I sell my property in Cleveland?
Yes. Owners are required to provide post-construction operation and management plans to site operators and subsequent landowners before permit coverage is terminated, so the next owner has the information needed to keep maintaining the BMPs.
How can AQUALIS help with stormwater compliance in Cleveland?
AQUALIS performs the twice yearly and annual BMP inspections Cleveland requires, helps prepare and maintain the documentation tied to a property’s long-term inspection and maintenance covenant, supports SWP3 development for permit applications, and provides post-construction operation and maintenance plan documentation for ownership transfers so obligations transfer cleanly to a new owner.
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.
