Last Updated 07/20/2026
Excerpt from City of Kent Stormwater Management Program Plan (SWMP Plan)
S5: Stormwater Management Program Plan
The city is intent and creative, while complying with standards and law, in preparing and executing the Stormwater Management Program (SWMP) Plan that is utilized as guidance and reporting both internally and externally. The city also collaborates and coordinates within and throughout city management departments, as well as with other permittees to accomplish the SWMP Plan. This SWMP plan is generally organized to follow and address the five required components outlined in S5 of the permit.
1. Public Education and Outreach (S5.C.1)
2. Public Involvement and Participation (S5.C.2)
3. Illicit Discharge Detection and Elimination (S5.C.3)
4. Controlling Runoff from New Development, Redevelopment and Construction
Sites (S5.C.4)
5. Municipal Operations and Maintenance (S5.C.5)
S5.C.7.b.i.a – Enforceable Mechanism to Identify Responsible Parties
The city utilizes code and standards (refer to S5.C.6.a) as enforceable mechanisms to identify responsible parties for maintenance of constructed stormwater treatment and flow control BMP’s/facilities, and establish enforcement procedures. Per the 2017 City of Kent Surface Water Design Manual and Kent Design and Construction Standards, an executed declaration of stormwater facility maintenance covenant shall exist for all privately owned and maintained stormwater treatment and flow control BMP’s/facilities. The covenant identifies the party responsible for maintenance and inspection of stormwater facilities, and also allows right-of-entry for city inspectors. In the absence of a covenant, the city may establish maintenance responsibilities through other legal documentation and means.
S5.C.7.b.i.b – Maintenance Inspection Frequency
Annual inspections will be completed for all stormwater treatment and flow control BMPs/facilities that discharge into the MS4 and were permitted according to the permitting process (refer to S5.C.6.c). Inspection frequency will be performed annually unless there are maintenance records to justify a different frequency. Inspections of all new permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments shall be inspected every 6 months until 90% of the lots are constructed (or when construction is stopped, and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenance standards as needed.
Kent City Code Chapter 7.05 STORM AND SURFACE WATER UTILITY
7.05.080 Inspection of Private Drainage Facilities
The director is authorized to establish inspection programs to ensure compliance with the requirements of this chapter and to accomplish its purposes. Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other pollutant or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of pollutant or pollutants; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; screening for or tracking illicit discharges or illicit connections; and evaluating the condition of drainage control and water quality facilities and other best management practices, including those located on private property.
If, upon inspection, it is determined that the facility contains pollutant sources that are not mitigated adequately according to the Kent Surface Water Design Manual and Kent City Code, notice may be given that pollutant source control best management practices must be constructed or implemented for pollutant generating sources. Failure to implement best management practices shall be a violation of this chapter.
7.05.100 Entry onto Premises
With the consent of the owner of any premises, through permissions granted or pursuant to a lawfully issued warrant, public works department staff may enter any premises at any reasonable time to perform the duties imposed by this chapter. No consent, warrant, or permission is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists.
7.05.200 Violations and Enforcements- Penalties
A. Recovery of costs incurred by the city
In addition to any penalty provided for in subsections (B) through (D) of this section, a person who violates any of the provisions of this chapter shall be liable for all costs incurred by the city as a result of the violation. The city will issue an invoice to the person responsible for the violation advising him or her of the amount of costs incurred by the city as a result of the violation. The person to whom the invoice was directed must respond within 14 calendar days of the date the invoice is served upon that person by: (1) paying the invoice, (2) requesting a hearing before the city’s hearing examiner to mitigate the amount of the invoice, or (3) requesting a hearing before the city’s hearing examiner to contest the amount of the invoice. Failure to timely respond shall result in the invoice being deemed valid and the city may seek collection of the invoice through the process provided for in Chapter 3.10 KCC, including the use of a collection agency. Payment of any invoice issued shall not alleviate the person responsible for the violation from complying with this chapter.
1. Service of notice. Service of an invoice issued under this subsection (A) shall occur and is deemed complete in the same manner and under the same provisions as provided for in KCC 1.04.060.
2. Process to mitigate or contest invoice. The process through which a person may request a hearing to contest or mitigate an invoice issued to him or her as a person responsible for the violation is the same as that provided for notices of violation under KCC 1.04.120 through 1.04.190. The hearing examiner’s decision as to any invoice issued under this subsection (A) is final and may not be further appealed.
3. Failure to pay – Civil infraction. The failure to timely pay an invoice issued under this subsection (A), or any mitigated invoice amount set by the hearing examiner, is a separate violation that may be enforced through the issuance of a civil infraction pursuant to subsection (B) of this section.
B. Civil infraction
A person who violates any provision of this chapter may be issued a class 1 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court. In addition, a civil code enforcement action may be instituted in accordance with subsection (C) of this section to effectuate any abatement or corrective action required by the person as a result of the violation.
C. Civil code enforcement
In addition to, or as an alternative to, any other penalty provided for in this chapter or by law, a civil code enforcement action may be instituted to effectuate any abatement or corrective action required as a result of a violation of this chapter. Failure to timely abate the violation or take the required corrective action will result in the issuance of a fine, which will be separate and apart from any fine that may have been issued under subsection (B) of this section.
D. Criminal offense
Except as may otherwise be provided, a person who:
1. Negligently violates a provision of this chapter is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended; or who
2. Knowingly violates a provision of this chapter, or commits a repeated violation of this chapter, is guilty of a gross misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(2), as now enacted or hereafter amended.
a. For purposes of this section “repeated violation” means, as evidenced by either a prior committed finding by the Kent municipal court of an infraction issued under this chapter, or a committed finding by the hearing examiner of a notice of violation issued under Chapter 1.04 KCC, or a committed finding by operation of law under KCC 1.04.130, that a violation of this chapter has occurred on the same property or that a person responsible for the violation has committed a violation of this chapter elsewhere within the city of Kent. To constitute a “repeat violation,” the violation need not be the same violation as the prior violation.
3. If a person is found guilty of a criminal offense as provided for in this subsection (D), or pleads guilty to another offense on recommendation of the prosecutor, the court shall order the defendant pay restitution to the city of Kent, or any other victim of the offense, for the total suffered loss or damage by reason of the commission of the crime.
E. Business license revocation
In addition to any other penalty imposed, the director may seek revocation of a business license held by the person or business related to a violation of this chapter pursuant to Chapter 5.01 KCC.
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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.
Frequently Asked Questions
What is stormwater compliance in the City of Kent?
Stormwater compliance in Kent means following the City’s stormwater ordinance and Stormwater Management Program Plan, which set minimum requirements for managing runoff on your property. The City is the permitting authority for all land disturbing activities and will only issue construction permits to projects with an approved stormwater management plan in place. Once construction is complete, property owners are responsible for maintaining all on-site stormwater facilities. The City operates under the NPDES program and can inspect properties and issue a Notice of Violation for any deficiency found on site.
Who is responsible for stormwater compliance in Kent?
For all privately owned stormwater treatment and flow control facilities, Kent requires a recorded Declaration of Stormwater Facility Maintenance Covenant that identifies who is responsible for maintenance and inspection. This covenant also grants the City the right to enter and inspect the facility. If no covenant exists, the City can establish maintenance responsibility through other legal means.
In practice, this means the property owner is accountable for maintaining the system and ensuring the City can access it for inspections. That obligation does not transfer to tenants. AQUALIS can manage your stormwater maintenance obligations on your behalf.
How often does Kent inspect stormwater facilities?
Kent requires annual inspections for all stormwater treatment and flow control facilities that discharge to the City’s storm system. Inspections can occur more or less frequently if maintenance records justify a different schedule.
For new residential developments, inspections are required every six months until at least 90 percent of lots are constructed or the site is fully stabilized. This accelerated schedule is designed to catch issues early while the system is still new.
All inspection visits and outcomes are documented and recorded by the City. AQUALIS recommends conducting your own inspections at least annually, and more frequently for newer installations, so you are not caught off guard during a City visit.
Why does stormwater maintenance matter for Kent property owners?
When a violation occurs in Kent, the City can recover all costs it incurs as a result, on top of any other penalties. Once the City issues a cost recovery invoice, you have only 14 calendar days to respond by paying it, or requesting a hearing to contest or reduce it. If you do not respond within that window, the invoice is considered valid and the City can pursue collection through a collection agency.
Paying the invoice does not resolve the underlying violation. You are still required to come into compliance regardless of whether you have paid.
Beyond enforcement, stormwater facilities that are not maintained simply stop working. Sediment buildup, clogged outlets, and overgrown vegetation reduce system performance, increase flood risk, and can lead to property damage that far exceeds the cost of routine upkeep.
How do I know if my Kent stormwater system is at risk?
Watch for these warning signs.
No maintenance covenant on file. Kent requires a recorded Declaration of Stormwater Facility Maintenance Covenant for all private stormwater facilities. If you cannot locate yours, or if your property changed hands and one was never recorded, that is an active compliance gap the City can act on.
Water is not draining after rain. Standing water more than 72 hours after a storm suggests your system is not performing as designed.
Visible deterioration. Sediment buildup, clogged inlets or outlets, erosion near drainage structures, and overgrown vegetation are all signs maintenance is overdue.
No inspection records. Kent documents all City inspections. If you do not have your own records to show the facility is being maintained between City visits, you have no way to demonstrate compliance.
Recent property purchase. The maintenance covenant stays with the property. If you recently bought a property and are unsure what stormwater obligations came with it, an AQUALIS assessment can give you a clear picture before any issues become your liability.
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.
