Last Updated 08/20/2026
MAINTENANCE OF STORMWATER CONTROL MEASURES AND DEVICES.
(a) General.
The land owner or person in possession or control of the land shall maintain all on-site stormwater control facilities and all open space areas required by the approved stormwater control plan unless those facilities and open space areas are accepted for maintenance by a governmental agency. The land owner entitled to the exclusive use of an off-site drainage easement for one or more stormwater control facilities not accepted for maintenance by a governmental agency shall maintain said stormwater control facilities.
(b) Maintenance Covenant.
For off-site stormwater control facilities and for all other stormwater control facilities which serve more than one (1) lot that are not accepted for maintenance by a governmental agency, the developer shall execute and record with the local county register of deeds office a maintenance covenant with the following contents:
Standards of maintenance for stormwater control facilities.
A statement that stormwater control facilities shall be maintained in accordance with the attached stormwater operations and maintenance manual and budget, and at all times, the stormwater control facilities shall comply with all applicable laws, ordinances, regulations, rules and directives of governmental authorities, and that the stormwater control facilities shall perform as designed.
Responsibility for stormwater control maintenance.
A statement that the homeowners’ association, property owners’ association, or designated commercial lot owner shall be responsible continually for all stormwater control facilities in accordance with the attached stormwater operations and maintenance manual and budget. That failure to maintain any stormwater control facility as set forth herein and in the Code is a violation of the Raleigh City Code potentially subjecting each lot owner subject to this legal document to significant daily civil penalties and other enforcement actions.
Stormwater control facilities maintained by an association. (HOA)
If an association is delegated maintenance responsibilities, for the stormwater control facilities, The association shall have the power to levy assessments for operation and maintenance of the stormwater control facilities and that all unpaid assessments levied by the association shall become a lien on the individual parcel.
Stormwater control facilities maintained by a commercial lot owner.
If a commercial lot owner is responsible for maintenance of the stormwater control facilities, said owner is responsible for making all repairs, replacements of the stormwater control facilities in accordance with the construction drawings approved by the City.
Sec. 10-9028. ANNUAL INSPECTIONS AND INSPECTION REPORT, REQUIRED.
The person responsible for maintenance of the stormwater control measures or devices shall submit to the Stormwater Utility Division of the Public Works Department of the City an inspection report from a qualified registered North Carolina professional engineer, surveyor, or landscape architect. The inspections report shall contain all of the following:
(a) The name, address of the land owner;
(b) The recorded book and page number of the lot of each required stormwater control facility and required open space areas;
(c) A statement that an inspection was made of all required stormwater control facilities, including open space areas;
(d) The date the inspection was made;
(e) A statement that all inspected stormwater control facilities and open space areas are performing properly and are in compliance with the approved stormwater control plan, the applicable maintenance manual required by §10-9025 and the Raleigh Stormwater Control and Watercourse Buffer Manual. No sampling of pollutant loading is required as part of the inspection;
(f) The original signature and seal of the engineer, surveyor, or landscape architect.
BMP Maintenance Checklist
BIORETENTION / CISTERN / DRY DETENTION / WET DETENTION / DRY WELL / GRASS SWALE / INFILTRATION
- Raleigh Stormwater Code [link]
- Stormwater Design Manual [link]
- Stormwater Credit and Adjustment Manual [link]
- Click here for our stormwater compliance checklist
- Raleigh Stormwater Requirements
View State Page
Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in Raleigh?
Post-construction stormwater management covers the ongoing responsibility to maintain all on-site stormwater control facilities and open space areas exactly as specified in your property’s approved stormwater control plan. If your property in Raleigh or Wake County has a bioretention system, cistern, detention pond, dry well, or grass swale installed under an approved plan, keeping that facility performing properly is a continuing obligation, not a one-time construction requirement. AQUALIS provides full post-construction stormwater management for property owners across Raleigh and Wake County, so these systems stay compliant well after a project is finished.
How often does the City of Raleigh require stormwater BMP inspections?
Raleigh requires an annual inspection report submitted to the Stormwater Utility Division, prepared by a qualified North Carolina professional engineer, surveyor, or landscape architect, confirming that all inspected stormwater control facilities and open space areas are performing properly and complying with the approved plan and maintenance manual. Missing this annual filing can quickly put a Raleigh property out of compliance. AQUALIS coordinates these annual qualified inspections for Raleigh property owners and manages the reporting so nothing is missed.
What is a maintenance covenant, and do I need one for my Raleigh property?
If your stormwater facility in Raleigh serves multiple properties, or is an off-site installation not accepted for maintenance by a government agency, a maintenance covenant must be executed and recorded with the Wake County register of deeds. This covenant spells out who is responsible for the ongoing upkeep of a shared facility, which can otherwise become a point of confusion between neighboring property owners. AQUALIS reviews existing maintenance covenants for Raleigh property owners and manages the maintenance activity they require.
What types of stormwater devices does the City of Raleigh expect property owners to maintain?
Raleigh property owners may be responsible for a range of stormwater devices, including bioretention systems, cisterns, detention ponds, dry wells, and grass swales, depending on what was installed under the property’s original stormwater control plan. Each of these device types has its own maintenance needs, from sediment removal to vegetation management to mechanical upkeep. AQUALIS manages maintenance across all of these stormwater device types for Raleigh and Wake County property owners, so nothing on the property gets overlooked.
What happens if my stormwater BMP in Raleigh is not performing properly?
If an inspection finds that a stormwater control facility is not performing properly or is out of compliance with its approved plan, the City of Raleigh can issue a notice of violation and impose significant daily civil penalties along with other enforcement actions. Because these penalties accrue daily, a small maintenance issue can become an expensive one quickly if it isn’t addressed. AQUALIS provides non-compliance resolution for Raleigh and Wake County property owners, correcting BMP issues before they escalate into a notice of violation.
Can the City of Raleigh inspect my property's stormwater facilities at any time?
Yes. Beyond the required annual inspection report, the City of Raleigh retains its own authority to inspect properties and verify compliance with the approved stormwater control plan. Property owners in Raleigh and Wake County should be prepared for their facilities to be reviewed outside of the standard annual cycle. AQUALIS keeps properties inspection-ready year-round, not just ahead of the annual filing deadline, so an unannounced review doesn’t turn into a violation.
Who is responsible for stormwater BMP maintenance if I bought a Raleigh property with an existing facility?
Maintenance responsibility for a Raleigh property’s stormwater control facilities transfers to the current owner, along with any recorded maintenance covenant, regardless of who was involved in the original construction or permitting. New owners are often unaware of this until the annual inspection report comes due. AQUALIS reviews the maintenance and inspection history for newly acquired Raleigh and Wake County properties and takes over the ongoing responsibility from there.
Where can property owners in Raleigh or Wake County get help with post-construction stormwater compliance?
Post-construction stormwater compliance in Raleigh involves annual qualified inspections, recorded maintenance covenants for shared facilities, upkeep across multiple device types, and the risk of daily civil penalties if any part of it is neglected. Managing all of this without dedicated stormwater staff is difficult for most property owners. AQUALIS offers complete post-construction stormwater management for Raleigh and Wake County property owners, covering maintenance, annual inspection coordination, and non-compliance resolution, so owners can meet the City’s requirements without managing the process themselves.
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.
