Last Updated 07/21/2026
Excerpt from Port Orchard Municipal Code
Subtitle VII- Stormwater Drainage
20.150.030 Administration
(1) Authority. The director shall have the authority to develop and implement procedures to administer and enforce this chapter.
(2) Inspections. All activities regulated by this chapter shall be inspected by the department. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of BMPs, land disturbing activities, installation of utilities, permanent stormwater control facilities, landscaping, retaining walls, and completion of project. When required by the director, a special inspection and/or testing shall be performed.
20.150.180 Standards – Stormwater quantity control
The following minimum requirements for stormwater quantity control shall apply to all development proposals that meet the definition of a major development:
(1) All surface water and stormwater entering the development site in its predevelopment state shall be received at the naturally occurring or otherwise legally existing locations. All surface water and stormwater leaving the development site shall be discharged at all times during and after development at the naturally occurring or otherwise legally existing locations so as not to be diverted onto or away from adjacent downstream properties, except diversion which will correct an existing manmade downstream problem may be permitted by the director. For the purposes of this chapter, “naturally occurring location” shall mean the location of those channels, swales, and preexisting and established systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, site inspections, decisions of a court of law, or other means determined appropriate by the director.
(2) The post-development peak stormwater discharge rates from the development site for the two-, 10-, and 100-year, 24-hour duration storm events and the 100-year, seven-day duration storm event shall at no time exceed the predevelopment peak stormwater runoff rates for the same design storm events, except as expressly permitted by this chapter. Also, where stormwater directly or indirectly discharges to open channels or streams, streambank erosion protection is required; the post-development peak stormwater discharge rate from the development site for the two-year, 24-hour duration storm event shall not exceed 50 percent of the predevelopment peak stormwater runoff rate for the same design storm event. The director may require that runoff from a development site be controlled for additional design storm events.
20.150.260 Facilities – Operation and maintenance
(1) Maintenance of Stormwater Facilities by Owners.
(a) Any person or persons holding title to a nonresidential property for which stormwater facilities and BMPs have been required by the city shall be responsible for the continual operation, maintenance, and repair of said stormwater facilities and BMPs in accordance with the provisions of this chapter.
(b) For privately maintained stormwater facilities, the maintenance requirements specified in this chapter, including the stormwater manuals, shall be enforced against the owner(s) of the subject property served by the stormwater facility.
(2) Maintenance Covenant Required for Privately Maintained Drainage Facilities.
(a) Prior to the beneficial use of a development constructed under a city permit, the owner shall record a maintenance covenant that guarantees Port Orchard that the owner shall properly operate, maintain, and inspect the stormwater facilities, and that also gives the city the authority to enter and inspect the facility. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the Kitsap County auditor.
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Frequently Asked Questions
Who is responsible for stormwater maintenance in Port Orchard?
Any person or persons holding title to a nonresidential property where stormwater facilities or BMPs were required by the City is responsible for the continual operation, maintenance, and repair of those facilities. This obligation is tied to property ownership, not occupancy, so it stays with the property through any sale or transfer.
Before a development can be put into beneficial use, the owner must record a maintenance covenant with Kitsap County that commits to proper operation, maintenance, and inspection of all stormwater facilities. That covenant must also be included in any future deed or instrument of conveyance, meaning every subsequent buyer takes on the same obligations. AQUALIS can manage your ongoing maintenance requirements on your behalf.
What stormwater quantity control standards apply in Port Orchard?
Port Orchard’s code sets specific performance standards for how much runoff your development can discharge after construction compared to before. For major developments, post-construction stormwater discharge rates must not exceed predevelopment rates for the 2-year, 10-year, and 100-year, 24-hour storm events, as well as the 100-year, 7-day storm event.
For developments that discharge directly to open channels or streams, the standard is stricter: the post-construction discharge rate for the 2-year storm must not exceed 50 percent of the predevelopment rate for that same event. This is designed to protect streambanks from erosion caused by increased runoff velocity.
Stormwater must also be received and discharged at the same naturally occurring locations that existed before development. Diverting runoff onto or away from neighboring properties is prohibited unless it corrects an existing downstream problem and is expressly permitted by the director.
Why does stormwater maintenance matter for Port Orchard property owners?
Port Orchard’s maintenance covenant is recorded with Kitsap County and travels with the property through every ownership change. This means a failure to maintain your stormwater facilities is not just a current compliance issue, it is a documented liability that will surface in any future title search, due diligence review, or property transaction.
The covenant also gives the City the authority to enter and inspect your stormwater facilities at any time. If the City determines maintenance or repairs are needed and you do not complete them, it can take action to bring the facilities into compliance and recover its costs. The City inspects projects at multiple stages, including preconstruction, BMP installation, land disturbing activities, utility installation, permanent facility installation, landscaping, and project completion, so compliance is reviewed throughout the development process, not just at the end.
How do I know if my Port Orchard stormwater system is at risk of failure or violation?
Watch for these warning signs.
No maintenance covenant on file. A recorded maintenance covenant with Kitsap County is required before any development can be put into use. If this was not recorded, or if you cannot locate it, that is an active compliance gap that will also surface in any property transaction.
Water is discharging to a different location than before development. Port Orchard requires that stormwater leave your property at the same naturally occurring locations that existed before construction. If drainage patterns have shifted, your property may be in violation.
Post-construction discharge rates appear to exceed predevelopment levels. If your site is flooding, or if nearby streams are showing signs of erosion, your system may no longer be meeting the City’s quantity control standards.
Recent property purchase. Because the maintenance covenant must be included in every future deed, you inherited those obligations when you bought the property. If you are not sure what condition the stormwater facilities are in or what the covenant requires, 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.
