Last Updated 08/24/2026
Excerpt from Stormwater Homepage
Welcome to your online guide to the City of Gulfport stormwater management plan. The information in this section of the city’s web site is part of the city’s continuing effort to educate the public about the importance of protecting water quality through land use and natural resource planning.
The city’s stormwater management plan, which is mandated by the Department of Environmental Quality, is designed to help protect and improve water quality, which can be jeopardized by pollution carried by stormwater runoff. The program has been developed in a collaborative effort with nearby cities of D’Iberville, Biloxi, Long Beach, Pass Christian, and Harrison County. The plan is called Stormwater Phase II.
The specific issues to be addressed:
- General Stormwater Runoff Pollution
- Illegal Dumping and Improper Disposal of Automobile Wastes and Disposal of Litter and Debris
- Erosion and Sedimentation Associated with Construction and Development
- Leaking Individual On-site Wastewater Treatment Systems and Sewage Pollution
The program components include Public Education, Public Involvement, Illicit Discharges Detection and Elimination, Construction Site Runoff Controls, Post-Construction Runoff Controls, and Pollution Prevention/Good Housekeeping.
Excerpt from Stormwater Ordinance
Sec. 11-180. – Monitoring of discharges.
(a) Applicability.
(1) This section applies to all facilities that have stormwater discharges, including construction activity.
(b) Access to facilities.
(1) The city shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.
(2) Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination, and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater and the performance of any additional duties as defined by state and federal law.
(3) The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(4) The city has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the city access to a permitted facility is a violation of a stormwater discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
(7) If the city has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
Sec. 11-181. – Requirements to prevent, control, and reduce stormwater pollutants by the use of best management practices.
The city will develop a non-exhaustive list of best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drain system or water courses through the use of structural and non- structural BMPs.
Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the separate storm drain system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
Sec. 11-183. – Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the city in person or by phone or electronic mail no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three (3) business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
Sec. 11-184. – Enforcement.
(a) The city shall administratively enforce this ordinance. The city may also institute appropriate civil or criminal actions for the enforcement of this article. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief.
(b) Each day of noncompliance is considered a separate offense; and nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief.
(c) Any of the following enforcement remedies and penalties shall be available to the city in response to violations of this ordinance. If the person, property or facility has or is required to have a stormwater discharge permit, the city shall alert the appropriate state authorities of the violation. “Director” shall mean the director of the department of public works.
(1) Notice of violation (NOV): Whenever designated city staff find that any person, company or facility owning or occupying a premises has violated or is violating this article or order issued hereunder, the enforcement official may serve, by personal service, or by registered or certified mail a written NOV. Within thirty (30) days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the director. Submission of this plan shall in no way relieve liabilities for violations occurring before or after receipt of the NOV.
(2) Revocation of permit: The director may revoke and require the return of a permit or certificate, with or without a prior NOV, by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans, or specifications; refusal or failure to comply with the requirements of state or local law; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked.
(3) Compliance order: If any person, company or facility shall violate the provisions of this ordinance, the director may, with or without a prior NOV, give notice to the owner or to any person in possession of the subject property, ordering that all unlawful conditions existing thereupon be abated within a schedule defined from the date of such notice.
a. The enforcement official shall have the authority to establish elements of a stormwater pollution prevention plan, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter. The enforcement official may establish the requirements of best management practices for any premises.
b. The notice and order may be given provided, that if, in the opinion of the director or his/her designee, the unlawful condition is such that it is of imminent danger or peril to the public, then an authorized city representative may, without notice, proceed to abate the same, and the cost thereof shall be charged against the property. The city, as described further in this subsection, may recover the cost of such actions from the property owner.
(4) Civil penalties: Any person, company or facility who has been found to have been in violation of any provision of this article, may be assessed, by the director of the department of public works or by a court if court proceedings are instituted, a civil penalty not to exceed the amount presented in this subsection.
a. The penalty shall increase by twenty-five (25) percent of the previous penalty amount for every subsequent but separate offense made by the same person, company, construction site or facility. The penalty shall be additional to other enforcement actions of this section.
b. The penalty may be assessed for each day beyond schedules applied in compliance orders or other schedules issued to the property owner or other person responsible for unauthorized activity defined in this article.
c. In determining the amount of the penalty the following shall be considered:
1. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality;
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
6. Whether the violation was committed willfully or intentionally;
7. The cumulative effect of other enforcement actions applied for the same offense;
8. The prior record of the violator in complying or failing to comply with the stormwater quality management program;
9. The costs of enforcement to the city.
d. Any violation of this ordinance shall be a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or both. Every day any violation of this Code or any such ordinance shall continue shall constitute a separate offense.
e. In the event there are penalties assessed by the state against the city caused by any person, company or construction site or facility, the said shall be assessed the equivalent amount of civil penalty. This shall include, but is not limited to penalties for improper disposal or illegal dumping, or illicit connection into the municipal separate storm drain system.
(5) Order to clean and abate/restore: Any violator may be required to clean and/or restore land to its condition prior to the violation.
(6) Corrective action and cost recovery: If necessary, the city may pursuant to section 21-19-11 of the Mississippi Code Annotated take corrective action to alleviate violations of this article in order to protect the public health and safety. The cost of such corrective action shall become an assessment against the property involved.
(7) Injunctions and/or proceedings at law or in equity: Any violation of this article or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceedings pursuant to state law.
(8) Civil actions: In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. Monies recovered under this subsection shall be paid to the city to be used exclusively for costs associated with implementing or enforcing the provisions of this ordinance. In any such action, the city may seek, as appropriate, any or all of the following remedies:
a. A temporary and/or permanent injunction;
b. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which lead to the establishment of the violation, and for the reasonable costs attorney’s fees and expenses preparing and bringing legal action under this subsection;
c. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
d. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
(9) Emergency orders and abatements: The director of the department of public works may order the abatement of any discharge from any source to the stormwater conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, the environment, or a violation of an NPDES permit. In emergency situations where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, or welfare, or the environment or a violation of a NPDES permit, the city may perform or cause to be performed such work as shall be necessary to abate said threat or danger. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of this subsection.
(10) This article may also be enforced by criminal prosecution for willful violation.
View State Page
Frequently Asked Questions
What stormwater regulations apply to properties in Gulfport?
Gulfport enacted its Stormwater Ordinance to establish minimum stormwater management requirements that protect public health, safety and welfare across the city’s watersheds. The city serves as the permitting authority for all land disturbing activities and requires property owners to maintain any on-site stormwater control facilities and open space areas outlined in an approved stormwater control plan. Gulfport’s program, known as Stormwater Phase II, was developed collaboratively with neighboring D’Iberville, Biloxi, Long Beach, Pass Christian and Harrison County, so property owners near jurisdictional boundaries may see consistent standards across city lines.
What issues does Gulfport's stormwater program specifically target?
The program addresses four core problem areas: general stormwater runoff pollution, illegal dumping and improper disposal of automobile waste and debris, erosion and sedimentation tied to construction and development, and pollution from leaking on-site wastewater treatment systems. To tackle these, the city built its program around six components, including public education, illicit discharge detection, construction site runoff controls and post-construction runoff controls.
Can Gulfport inspect my property or facility for stormwater compliance?
Yes, and the city’s access rights are broad. Under Section 11-180, Gulfport can enter and inspect any facility with stormwater discharges as often as necessary to confirm compliance, including setting up monitoring or sampling equipment on-site. If a facility has security measures in place, the operator is responsible for arranging city access. Unreasonable delays in granting that access are themselves a violation of the ordinance, and if access is refused entirely, the city can pursue a search warrant when it has probable cause to believe a violation exists.
Do I need to report a spill or accidental discharge on my property?
Yes, and the timeline depends on the severity. If hazardous materials are involved, the responsible party must immediately notify emergency response agencies. For nonhazardous releases, the city must be notified no later than the next business day, with written confirmation mailed within three business days. Commercial and industrial establishments also need to keep an on-site written record of the discharge and corrective actions for at least three years, which is worth building into standard operating procedures rather than treating as an afterthought.
What happens if the city finds a violation on my property?
Gulfport has a layered enforcement system. A notice of violation typically comes first, giving the property owner 30 days to submit a plan for correcting the issue, though the city can set a shorter deadline. Beyond that, the city can revoke permits, issue compliance orders, and assess civil penalties that increase by 25% for each repeat offense. Criminal violations carry a fine of up to $1,000 or up to 90 days imprisonment, and each day a violation continues counts as a separate offense.
How does Gulfport calculate civil penalties for stormwater violations?
The city weighs several factors, including the extent of harm to public health or natural resources, how long the violation persisted, its effect on water quality, the cost of fixing the damage and whether the violation was intentional. The city also considers the violator’s prior compliance record and how much money was saved by not complying, which means a documented pattern of noncompliance can meaningfully increase penalty exposure over time.
Can the city take emergency action on my property without notice?
In limited circumstances, yes. If a discharge poses an imminent danger to public health, safety or the environment, and the property owner can’t be reached in time to issue a formal notice, the city can perform the necessary abatement work itself. The cost of that emergency work becomes the property owner’s responsibility and is collectible through the same enforcement mechanisms as other penalties.
What best management practices does Gulfport require?
Commercial and industrial property owners are required to provide reasonable protection against accidental discharge of prohibited materials into the storm drain system, using structural and non-structural best management practices at their own expense. These practices typically become part of a stormwater pollution prevention plan tied to the property’s NPDES permit obligations. Properties identified as a source of illicit discharge may be required to implement additional BMPs beyond the baseline standard.
Where can I find Gulfport's full stormwater ordinance and guidance?
The complete ordinance is available through Gulfport’s Municode page, and the city’s Stormwater Homepage offers program overviews. For post-construction requirements specifically, Gulfport also publishes a Post-Construction Management Guidance Manual.
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.
