Last Updated 07/20/2026
Excerpt from Lake Stevens Stormwater Management Ordinance
11.06.040 Stormwater Management Review and Approval Required.
11.06.080 Construction and Maintenance of Stormwater Facilities.
(a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Manual and the permits and/or approvals of the City.
(b) Maintenance of Private Stormwater Facilities.
- The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Manual, this chapter, and the permits and/or approvals of the City and shall remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the City for maintenance as set forth in subsection (c) of this section.
- The City shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the City may perform such work, and the cost thereof shall be recoverable by the City from said titleholders or other responsible parties and/or by filing a lien against the property.
- When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed in accordance with the following schedule:
- Within one year for typical maintenance of facilities, except catch basins
- Within six months for catch basins.
- Within two years for maintenance that requires capital construction of less than $25,000.
(c) Maintenance by City of Stormwater Facilities on Single-Family Residential Property.
- The City is authorized to assume the total responsibility for all maintenance and repair of stormwater facilities serving single-family residential property if:
- The stormwater facilities have been conveyed to and accepted by the City, at the City’s sole discretion, by bill of sale and accompanied by: (a) a warranty of the grantor that the utility lines, facilities and appurtenances are free of debt and were constructed in accordance with City standards and specifications; and (b) an agreement by the grantor to indemnify and hold the City harmless from any claims or damages arising from defective materials or workmanship;
- If the lines or facilities are on or cross private property, the grantor shall have conveyed to the City the required easements for constructing, repairing, maintaining, altering, changing, controlling and operating the lines or facilities in perpetuity;
- The bonding and insurance requirements of Section 11.06.090 have been fully complied with;
- The facilities have been inspected and approved by the City;
- The City Council has adopted an increase in the stormwater user’s fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the City’s cost of maintaining and repairing the facilities; and
- All other requirements of this chapter have been fully complied with.
- The City is authorized to assume the partial responsibility for only normal and routine maintenance of stormwater facilities serving single-family residential property if:
- The City and the titleholders or other responsible parties of the property have entered into an agreement in which the titleholders or other responsible parties: (a) indemnify and hold the City harmless from any claims or damages arising from the City’s acts or omissions related to maintenance of the facilities; (b) give the City access rights to maintain the facilities; and (c) agree to remain responsible for all maintenance and repair of the facilities
- The bonding and insurance requirements of Section 11.06.090 have been fully complied with;
- The facilities have been inspected and approved by the City;
- The City Council has adopted an increase in the stormwater user’s fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the City’s cost of maintaining the facilities; and
- All other requirements of this chapter have been fully complied with.
- All major structural and nonstructural repairs beyond the scope of “normal and routine maintenance” shall remain the responsibility of the titleholders or responsible parties
- The City is authorized to assume the total responsibility for all maintenance and repair of stormwater facilities serving single-family residential property if:
11.06.110 Right of Entry and Inspection.
- To make an inspection to enforce any of the provisions of this chapter, to monitor for proper function of stormwater facilities, or to investigate reasonable cause that violations of this chapter are present on a subject property, the Director or a designee may enter such premises at all reasonable times to inspect the property.
- The Director or their designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry in advance of the inspection during normal business hours.
- During the inspection, the City has the right to take photos, conduct video surveys, use dye or smoke testing, or make other documentation of conditions relevant to the inspection.
- The City is required to perform inspections of activities that are or may be resulting in prohibited discharges as specified in the Stormwater Manual and the City’s NPDES Permit.
- Inspection prior to clearing and during construction will apply to sites with a high potential for sediment damage, as identified by the applicant during civil review based on definitions and requirements in the Western Washington Phase II Municipal Stormwater Permit or Stormwater Manual.
- Upon request by the Director, property owners, occupying business owners, or their representatives shall provide proper ingress and egress to the Director or a designee to inspect, monitor or perform any necessary duty required by this chapter to any stormwater facility or areas subject to stormwater flow. As feasible, the grantee should be present to provide access, attend, and to participate in the inspection with City staff.
- The Director or their designee shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the Director or their designee may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in causing such work to be done shall thereby be imposed on the person holding title to the subject property and/or imposed against the subject property by filing a lien.
- Emergency access to a property may be necessary to address certain polluting situations. The above-described communication should be attempted; however, immediate emergency access shall be granted for the Director or their designee to inspect a concern of imminent hazard to environmental and human health, safety, and welfare.
11.06.120 Fees, Enforcement, and Penalties.
- A civil violation is subject to a monetary penalty of $500.00 for each violation per day or portion thereof.
- A misdemeanor violation is subject to a jail term of not more than 90 days, a fine of not more than $1,000 for each violation, or both such fine and imprisonment.
D. Progressive Enforcement. Enforcement actions are used in a progressive manner, such that education and technical assistance, warnings, and penalties to be issued incrementally in order to achieve necessary and appropriate protection. Progressive enforcement is not required based on the Director’s assessment of severity of a concern, such as when a person willfully contaminates City surface water and the MS4.
- Voluntary Compliance. To promote voluntary compliance, the first step of enforcement is to provide education about surface water concerns, BMPs, and regulations including enforceable actions.
- Warning and Compliance Schedule. To promote compliance with potential enforcement, a warning shall be issued paired with a reasonable date of compliance to be met, with information about the level of penalty for failure to comply.
- Notification of Noncompliance. To rectify problems at an accelerated schedule, a severe penalty may be issued for individuals that knowingly or recklessly endanger the public or environment with polluting activities.
- The Director may issue internal directives to provide consistency and to clarify how to apply the above enforcement actions in normal and unique circumstances.
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Frequently Asked Questions
What is stormwater compliance in the City of Lake Stevens?
Stormwater compliance in Lake Stevens means building and maintaining all required stormwater facilities in accordance with the City’s Stormwater Manual and any permits or approvals issued for your property. The City is the permitting authority for land disturbing activities and operates under the NPDES program, which gives it authority to inspect properties, require maintenance, and issue violations for any deficiencies found on site. Property owners are responsible for the ongoing performance, operation, and maintenance of all private stormwater facilities on their land.
Who is responsible for stormwater maintenance in Lake Stevens?
The person or persons holding title to the property are responsible for the continual performance, operation, and maintenance of all private stormwater facilities on their land. This responsibility also extends to any liability that results from how well those duties are carried out.
The City only maintains facilities that have been formally conveyed to and accepted by it through a specific process that includes inspections, easements, and City Council approval. Everything else is the property owner’s obligation. AQUALIS can manage your stormwater maintenance requirements on your behalf.
How quickly do I need to address maintenance issues in Lake Stevens?
Lake Stevens sets firm deadlines based on the type of maintenance needed once an inspection identifies a problem.
- Six months to address catch basin maintenance.
- One year for typical maintenance of all other stormwater facilities.
- Two years for maintenance that requires capital construction under $25,000.
If you do not complete the required maintenance within these timelines, the City can step in and do the work itself. You will then be responsible for reimbursing the full cost, and the City can file a lien against your property to recover it.
What are the penalties for stormwater violations in Lake Stevens?
Lake Stevens uses a progressive enforcement approach, starting with education and warnings before escalating to penalties. However, for willful violations or situations where someone knowingly endangers public health or the environment, the City can skip the warning stage and issue severe penalties immediately.
Civil penalties of $500 per violation per day apply for each day a violation continues.
Misdemeanor charges can result in up to 90 days in jail, a fine of up to $1,000 per violation, or both.
Blocking City inspectors from accessing your property also triggers penalties. If the City cannot gain access within seven days of written notice, it can order the required work completed and bill you for all costs, which can then be filed as a lien against your property.
How do I know if my Lake Stevens stormwater system is at risk?
Watch for these warning signs.
Water is not draining after rain. Standing water more than 72 hours after a storm suggests your system is not performing as required under the City’s Stormwater Manual.
Catch basins are overdue for service. Lake Stevens specifically requires catch basin maintenance within six months of an identified deficiency. If your catch basins have not been serviced recently, they are likely your most immediate compliance gap.
Visible sediment, debris, or blockages. Buildup around inlets, outlets, or in detention areas indicates maintenance is overdue and puts you at risk during a City inspection.
You have refused or delayed a City inspection. Failing to provide access within seven days of written notice is itself a violation. If an inspector has contacted you, respond promptly.
Recent property purchase. Maintenance responsibility in Lake Stevens stays with the property owner. If you recently bought a commercial property, an AQUALIS assessment can confirm the condition of stormwater facilities and any outstanding maintenance obligations before they 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.
