Last Updated 09/03/2025
Excerpt from City of Kenosha Municipal Code
Chapter XXXVI- Post-Construction Stormwater Management Ordinance
36.10- Maintenance
- Maintenance Agreement Required. The Maintenance Agreement required under Subsection 36.08.B. for stormwater management practices shall be an agreement between the City and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The Maintenance Agreement shall be filed with the Kenosha County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
- Agreement Provisions. The Maintenance Agreement shall contain the following information and provisions, and be consistent with the Maintenance Plan required by Subsection 36.09:
- Identification of the stormwater facilities and designation of the drainage area served by the facilities.
- A schedule for regular maintenance of each aspect of the Stormwater Management System consistent with the Stormwater Management Plan required under Subsection 36.08.B.
- Identification of the responsible party(ies), organization or government responsible for long-term maintenance of the stormwater management practices identified in the Stormwater Management Plan required under Subsection 36.08.B.
- Requirement that the responsible party(ies), organization or government shall maintain stormwater management practices in accordance with the schedule included in Paragraph 2.
- Maintenance of Stormwater Facilities. The responsible party shall maintain stormwater facilities in accordance with standards identified in the City of Kenosha Stormwater Management Facilities Maintenance Criteria as developed and revised by the Director of Public Works, or his/her designee, and on file in the City Engineer’s Office.
City of Kenosha
The streets, inlets, detention basins and storm sewers within the City collect stormwater and convey it directly into our waterways. Stormwater is NOT treated like the sanitary sewer system. The stormwater conveyance system consists of various components, including curb and gutter, catch basins, culverts, storm sewers, ditches and various City-owned detention facilities. The maintenance and operation of this system is provided by the Stormwater Utility, and benefits all properties within the City. The costs of these services are funded by a user fee listed on your Kenosha Water Utility bill.
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Frequently Asked Questions
What are the most common compliance failures?
Based on AQUALIS’s experience conducting thousands of inspections across the country, the most frequent compliance issues we encounter are:
Overgrown vegetation: Pond banks, swales, and bioretention areas where vegetation has overtaken the designed system, reducing capacity and blocking outflow structures.
Sediment accumulation: Detention ponds lose capacity over time as sediment builds up. Most systems require periodic dredging; many owners don’t realize a pond has lost 30%–50% of its storage until a flood event reveals the problem.
Clogged or damaged inlets and outlets: Debris-blocked catch basins and outlet structures are among the most common findings on inspections and among the easiest to prevent with routine maintenance.
Missing or incomplete records: Inspection reports not filed, maintenance logs not kept or Operation and Maintenance Agreements not recorded with the county register, all common findings that create regulatory exposure even when the physical system is functioning correctly.
Structural deterioration: Cracked or collapsed pipes, eroded embankments and damaged concrete structures that have gone unrepaired past the point of simple fixes.
Illicit discharges: Non-stormwater connections to the drainage system (from wash water, sanitary lines or industrial processes) that violate NPDES permit conditions.
How often do I need to have my stormwater system inspected?
Inspection frequency varies by state, permit type and the type of stormwater infrastructure on your property, but most jurisdictions require at least one inspection per year. Many municipalities require annual inspections conducted by a licensed professional engineer, with a signed report submitted to the local stormwater authority.
Some permits impose more frequent requirements: construction sites under an active NPDES permit are typically inspected before and after significant storm events. Properties in sensitive watersheds or with a history of violations may be subject to additional oversight.
How does stormwater impact property value?
Stormwater infrastructure affects property value in several ways that are easy to overlook until a transaction is underway.
During due diligence: Buyers and lenders increasingly request stormwater inspection reports as part of commercial property transactions. A system with deferred maintenance, unresolved NOVs or missing inspection records can become a negotiating issue or a deal risk.
Flooding history: Properties with recurring stormwater problems (parking lot flooding, pond overflows, erosion) carry a documented liability that affects both insurability and perceived value.
Remediation costs: Deferred stormwater maintenance compounds over time. A pond that costs a few thousand dollars to maintain annually can require $50,000–$200,000 in dredging or reconstruction if neglected for several years. These costs are often surfaced during appraisals or environmental assessments.
Curb appeal and aesthetics: For retail and multifamily properties, a well-maintained stormwater pond or green infrastructure feature is an amenity. An overgrown, silted-up pond signals neglect to tenants and customers alike.
What is stormwater compliance?
Stormwater compliance means meeting the federal, state and local regulations that govern how rainwater and snowmelt runoff is managed on your property. For most commercial, industrial and multifamily properties, compliance involves maintaining on-site stormwater infrastructure (ponds, catch basins, drainage pipes), meeting inspection requirements and keeping records that demonstrate your system is functioning correctly. The specific requirements depend on your state, municipality and the type of permit that applies to your property.
Why is stormwater maintenance important?
Stormwater systems are designed to manage a specific volume and velocity of water. When they’re not maintained, performance degrades and the consequences can be significant:
Regulatory risk: A failed inspection or malfunctioning system can result in a Notice of Violation (NOV), fines and mandated repairs under a regulatory timeline, often more costly than routine maintenance would have been.
Property damage: Clogged inlets, deteriorated pipes and overwhelmed ponds lead to flooding, erosion and structural damage to pavement and buildings. Sinkholes caused by failed underground infrastructure are a common and expensive result of deferred maintenance.
Environmental liability: Untreated runoff carrying pollutants into waterways can expose property owners to broader environmental enforcement, including from state environmental agencies and the EPA.
Permit renewal risk: Many stormwater permits require demonstrated compliance history at renewal. Gaps in maintenance records can complicate or delay renewal.
Who is responsible for stormwater compliance?
In most cases, the property owner is legally responsible for maintaining stormwater control facilities on their land and ensuring those systems remain in compliance with applicable permits. For commercial properties with active construction or industrial operations, responsibility may also extend to the site operator or contractor, who must comply with any NPDES permit tied to their activity. If you own or manage property with stormwater infrastructure (detention ponds, bioretention areas, underground systems or drainage structures) compliance is your obligation regardless of whether your tenants are the ones generating runoff.
AQUALIS can serve as your compliance partner, handling inspections, maintenance, and regulator communication on your behalf.
Can stormwater fees be reduced?
Yes—many municipalities offer stormwater fee credits or reductions for property owners who actively manage runoff on-site and reduce the burden on public stormwater infrastructure. Credit programs vary by jurisdiction but commonly recognize:
On-site detention or retention: Ponds, underground vaults, and other systems that hold and slowly release stormwater can qualify for volume-based fee reductions.
Green infrastructure: Bioretention areas, permeable pavement, green roofs and native landscaping may qualify for additional credits in municipalities that incentivize water quality improvements.
Documented maintenance: Some programs require proof of regular inspections and maintenance to retain credits — meaning a lapsed maintenance program can result in losing a credit you’ve held for years.
AQUALIS can review your property’s eligibility for local stormwater credit programs and help prepare the documentation required to apply or maintain credits. Savings vary widely by municipality but can offset a meaningful portion of annual fee assessments.
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.
