Last Updated 07/21/2026
Excerpts from the City of Oak Harbor Municipal Code
Chapter 12 Stormwater Facility Maintenance
General Requirements
(1) Maintenance Required. All storm water facilities shall be maintained in accordance with this chapter. Systematic, routine preventative maintenance is preferred.
(2) Minimum Standards. The following are the minimum standards for the maintenance of storm water facilities:
(a) Covenants and easements for maintenance and inspection purposes are required for privately owned or maintained facilities/BMPs.
(b) Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility.
(c) Grassy swales and other biofilters shall be inspected monthly and mowed or replanted as necessary. Clippings are to be removed and properly disposed of.
(d) Maintenance shall be in accordance with the approved operations and maintenance program for the storm water facility and/or the manual. The city has authority to require a stricter operations and maintenance program.
(e) Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the public works superintendent or his or her designee shall revisit the facility to assure that it is being maintained.
(3) Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from storm water maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.
(4) Compliance. Property owners are responsible for the maintenance, operation or repair of storm water drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this chapter and the storm water management manual.
Operation and Maintenance Manual Required
(1) Projects which are required to be in conformance with Minimum Requirements #1 through #5, as identified in OHMC 12.30.510 and 12.30.520, shall submit an operation and maintenance manual in accordance with city standards as established by the city engineer.
(2) Projects which are required to be in conformance with Minimum Requirements #1 through #9, as identified in the manual, shall submit an operation and maintenance manual in accordance with city standards as established by the city engineer.
Inspection Program
A. Inspection
Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times all storm water drainage systems within the city to determine compliance with the provisions of this chapter.
B. Procedures
Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection and request entry.
(a) If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
(b) If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the storm water drainage system creates an imminent hazard to persons or property, the inspector may enter.
(c) Unless entry is consented to by the owner or person(s) in control of the property or portion of the property, or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.
(d) The inspector may inspect the storm water drainage system without obtaining a search warrant provided for in subsection (2)(c) of this section; provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
C. Inspection Schedule
The administrator shall establish a master inspection and maintenance schedule to inspect appropriate storm water facilities that are not owned by the city. Inspections shall be no less frequent than annual. Storm water facilities/BMPs may require a more frequent inspection schedule.
D. Inspection and Maintenance Records
As existing storm water facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new storm water facilities shall include the following:
(a) As-built plans and locations;
(b) Findings of fact from any exemption granted by the local government;
(c) Operation and maintenance requirements and records of inspections, maintenance actions and frequencies;
(d) Engineering reports, as appropriate.
E. Reporting Requirements
he administrator shall report annually to the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years.
Enforcement
Civil Penalty. A person who fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued shall be subject to a civil penalty.
(a) Amount of Penalty. The penalty shall not be less than $50.00 or exceed $500.00 for each violation. Each day of continued violation or repeated violation shall constitute a separate violation. The maximum penalty shall be no more than $500.00 for each violation.
(b) Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.
(c) Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the local government. The notice shall describe the violation, the date(s) of violation, and shall order the acts constituting the violation to cease and desist and, in appropriate cases, require necessary corrective action within a specific time.
(d) Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within 10 days of receipt of the penalty to the city for remission or mitigation of such penalty. Upon receipt of the application, the city supervisor may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. The city supervisor’s decision may be appealed to the city council within 10 days of the decision.
(e) Appeal of Civil Penalty. Persons incurring a penalty imposed by the administrator may appeal in writing within 10 days of the receipt of the penalty to the city supervisor. The city supervisor’s decision may be appealed to the city council within 10 days of the decision.
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Frequently Asked Questions
What is stormwater compliance in the City of Oak Harbor?
Stormwater compliance in Oak Harbor means following the City’s stormwater ordinance, which sets 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. Once construction is complete, property owners are responsible for maintaining all on-site stormwater facilities and open space areas required by the approved plan. 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 maintenance in Oak Harbor?
Property owners are responsible for maintaining, operating, and repairing all stormwater drainage systems and BMPs on their property. This includes complying with both the City’s ordinance and the approved operations and maintenance program for each specific facility. Privately owned or maintained facilities also require a recorded covenant and easement granting the City inspection access.
The City has authority to require a stricter maintenance program than the minimum standards if conditions on your property warrant it. AQUALIS can manage your maintenance obligations and keep your documentation current.
How often does Oak Harbor require stormwater inspections?
Oak Harbor sets specific minimum intervals depending on the type of facility.
All stormwater facilities must be inspected at least once per year and cleared of debris, sediment, and vegetation whenever those conditions affect the system’s function or design capacity.
Grassy swales and other biofilters must be inspected monthly and mowed or replanted as needed. Clippings must be removed and properly disposed of.
The City maintains a master inspection schedule covering all stormwater facilities in Oak Harbor. As new facilities are identified, they are added to the schedule. AQUALIS recommends staying on top of your own inspections between City visits so issues are caught and resolved before they become violations.
What are the penalties for stormwater violations in Oak Harbor?
Civil penalties range from $50 to $500 per violation. Each day a violation continues is treated as a separate violation, so an unresolved issue can accumulate quickly. Anyone who helps cause a violation, even through inaction, can also be held liable.
If you receive a penalty notice, you have 10 days to apply in writing for remission or mitigation. The City can reduce or waive the penalty if you can demonstrate extraordinary circumstances that were not considered when the original penalty was set. If you disagree with the outcome, you can appeal to the city council within 10 days of that decision.
Penalties become due and payable 30 days after receipt of the notice, or 30 days after a decision on any remission or appeal request.
How do I know if my Oak Harbor stormwater system is at risk of failure or violation?
Watch for these warning signs.
Water quality problems linked to your property. If a lack of maintenance on your property is causing or contributing to a water quality problem, the ordinance requires immediate action. The City will follow up within one month to confirm the issue has been addressed.
Swales or biofilters that have not been maintained monthly. The monthly inspection and mowing requirement for biofilters is easy to overlook and is one of the most common compliance gaps found during City inspections.
Visible sediment, debris, or overgrowth. Any buildup that is affecting the function or design capacity of your stormwater facility needs to be cleared. This is the standard the ordinance uses to determine whether annual maintenance has been sufficient.
No covenant or easement on file. Privately owned facilities require a recorded covenant and easement. If this document was never recorded or was lost after a property transfer, that is an active compliance gap.
Recent property purchase. Maintenance obligations in Oak Harbor stay with the property. If you recently bought a commercial property, an AQUALIS assessment can confirm the condition of stormwater facilities and whether the required documentation is properly in place.
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.
