Last Updated 08/06/2026
Permanent Stormwater System Maintenance and Responsibility Agreement
Under the South Carolina Stormwater Management and Sediment Reduction Act of 1991, Regulation 72‐308 requires the Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Stormwater management/Best Management Practices (BMP) facilities. This includes all pipes and channels built to convey Stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions.
The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater management/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed.
Ownership and city participation
(a) Unless city ownership is established prior to the amendment of this article, all stormwater management systems and facilities located on any property within the city’s jurisdiction shall be privately owned and maintained unless the director accepts the controls or structures for city ownership and maintenance. The City of Columbia owns or has legal access for purposes of operation, maintenance, and improvement of those systems and facilities which:
(1) Are located within city-maintained public streets, rights-of-way; and easements;
(2) Are subject to easements, rights-of-entry, rights-of-access, rights-of-use, or other permanent provisions for adequate access for operation, maintenance, and/or improvement of systems and facilities; or
(3) Are located on public lands to which the city has adequate access for operation, maintenance, and/or improvement of systems and facilities.
(b) The city reserves the right to accept or refuse ownership and maintenance of all or part of a stormwater system on any property not owned by the city.
(c) Privately-owned stormwater management systems and facilities shall be maintained in accordance with the design and procedures set forth in the approved land disturbance plans. Operation, maintenance, and/or improvement of stormwater systems and facilities which are located on private property or public property not owned by the city and for which there has been no public dedication of such systems and facilities for operation, maintenance, and/or improvement of the systems and facilities shall be and remain the legal responsibility of the property owner.
(d) A property owner or lessee may hire or contract others to perform necessary maintenance actions, but the city will hold the property owner or lessee as the responsible party should legal actions be necessary. The person(s) performing said work must be able to produce proof of any required trainings meeting NPDES MS4 permit conditions.
(e) The city shall have the right, pursuant to the authority of this article, for its designated officers and employees to enter upon private property and public property owned by other than the city, upon reasonable notice to the owner thereof, to inspect the property and conduct surveys and engineering tests thereon in order to assure compliance with this article.
(f) When the stormwater division determines that additional storage capacity or pollution reduction for on-site stormwater management is necessary in order to meet NPDES MS4 permit conditions, to enhance or provide for the public health, safety and general welfare, to correct existing water quantity and quality problems or to provide protection for future development, the city may require additional stormwater controls that may include additional storage or treatment capacity.
(g) It is the express intent of this article to protect the public health, safety, and welfare of all properties and persons in general, but not to create any special duty or relationship with any individual person or to any specific property within or outside the boundaries of the city. The city expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the city, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created.
(h) To the extent any permit, plan approval, inspection or similar act is required by the city as a condition precedent to any activity or change upon property not owned by the city, pursuant to this or any other regulatory ordinance, regulation, or rule of the city or under federal or state law, the issuance of such permit, plan approval, or inspection shall not be deemed to constitute a warranty, express or implied, nor shall it afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money damages against the city, its officers, employees, or agents.
Stormwater Utility Fee
The City of Columbia enacted a Stormwater Utility Fee July 1, 2002. All money collected from the fee to put towards funding stormwater related activities such as:
- Designing and constructing capital improvement drainage projects
- Routine cleaning, maintenance and repair of the City’s stormwater drainage system
- Developing an inventory of the City’s stormwater drainage system
- Master planning for capital improvements
- Complying with the City’s National Pollutant Discharge Elimination System stormwater quality requirements
View State Page
Frequently Asked Questions
Am I required to maintain stormwater facilities on my Columbia property?
Yes. Under South Carolina’s Stormwater Management and Sediment Reduction Act of 1991, the landowner, along with any successors, assigns, or homeowners association, must adequately maintain all stormwater management and BMP facilities. This covers the pipes and channels that convey stormwater to the facility, along with all structures, improvements, and vegetation used to control stormwater quantity and quality. Adequate maintenance means keeping these facilities in good working condition so they perform as designed. AQUALIS can help property owners in Columbia meet this state mandated maintenance standard.
Do I need to follow a specific maintenance schedule for my Columbia property?
If your approved plans include a maintenance schedule, including sediment removal, you’re required to follow it. Otherwise, you’re still responsible for doing the work necessary to keep your facilities in good working order.
Who owns and maintains stormwater systems in the City of Columbia?
Generally, the property owner. Unless the city has established ownership beforehand, all stormwater management systems on private property are privately owned and maintained, unless the director specifically accepts the controls for city ownership. The city typically owns or has access to systems within city maintained streets, rights-of-way, and easements, or those with formal access provisions or on public land the city already has access to.
Can I hire someone else to maintain my stormwater system in Columbia?
Yes. You’re allowed to hire or contract with others to perform the necessary maintenance. However, the city will still hold you, as the property owner or lessee, as the legally responsible party if legal action becomes necessary, and whoever performs the work must be able to show proof of any training required under the NPDES MS4 permit.
Can the City of Columbia inspect my stormwater facility?
Yes. City officers and employees can enter private property, and public property the city doesn’t own, with reasonable notice, to inspect and conduct surveys and engineering tests confirming compliance with the stormwater ordinance.
Can Columbia require me to add more stormwater capacity to my property later?
Yes. If the stormwater division determines additional storage or pollution reduction capacity is needed to meet NPDES MS4 permit conditions, protect public health and safety, correct an existing water quality or quantity problem, or accommodate future development, the city can require additional stormwater controls, which may include more storage or treatment capacity.
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.
