Last Updated 07/24/2026
Excerpt from Richmond Code of Ordinances
Section 14 – Article VIII Richmond Stormwater Management Program
Sec. 14-331. – Long-term maintenance of permanent stormwater facilities.
A. All stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, shall be maintained for their full lifespan. In order to ensure this result, the permittee shall sign and record in the local land records an instrument obligating the permittee to maintain all stormwater management facilities for their full lifespan. The instrument shall be on the most recent form approved by the Administrator. If the permittee will not be the owner of the stormwater management facilities once they are fully constructed, the permittee shall obtain the document from the future owner. The Administrator shall not issue a final approval of a stormwater management plan until the recorded document is received and is deemed acceptable to the City. At a minimum, the instrument shall:
- Be submitted to the Administrator for review and approval during the review period for the stormwater management plan
- Run with the land;
- Provide access to the property for maintenance and regulatory inspection purposes;
- Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and
- Be enforceable by all appropriate governmental parties.
B. At the Administrator’s discretion, such recorded instruments need not be provided for stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, designed to treat stormwater runoff primarily from an individual residential lot, provided future maintenance of such facilities will be addressed through an enforceable mechanism acceptable to the Administrator. Facilities that are exempted from Subsection (a) of this section pursuant to this subsection shall not be subject to the requirement for an inspection conducted by the Administrator.
C. If a recorded instrument is not required pursuant to Subsection (b) of this section, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Facilities that are exempted pursuant to Subsection (b) of this section must comply with any requirements as required by the Administrator as a part of this overall strategy.
Sec. 14-332. – Monitoring and inspections.
The Administrator is authorized to inspect any land-disturbing activity in the City for:
- Compliance with the approved erosion and sediment control plan;
- Compliance with the approved stormwater management plan or the agreement in lieu of a stormwater management plan;
- Development, updating, and implementation of a pollution prevention plan; and
- Development and implementation of any additional control measures necessary to address a TMDL.
Sec. 14-335.- Enforcement
(a) If the Administrator determines that there is a failure to comply with the permit conditions, notice shall be served upon the permittee, operator or other person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application, or by delivery at the site of the development activities to the agent or employee supervising such activities.
View State Page
Frequently Asked Questions
What is stormwater compliance in the City of Richmond?
Stormwater compliance in Richmond means following Article V of Chapter 14 of the City Code, which establishes the Richmond Stormwater Management Program. The City is the permitting authority for all land-disturbing activities and requires all stormwater management facilities to be maintained for their full lifespan. The Administrator is authorized to inspect any land-disturbing activity in the City for compliance with approved erosion and sediment control plans, stormwater management plans, pollution prevention plans, and any control measures required to address Total Maximum Daily Load requirements. When a violation is found, the City can issue verbal warnings, inspection reports, notices of corrective action, special orders, and notices to comply.
Who is responsible for long-term stormwater maintenance in Richmond?
Every permittee is required to sign and record an instrument in the local land records obligating them to maintain all stormwater management facilities for their full lifespan. The City will not issue final approval of a stormwater management plan until this recorded document is received and accepted.
Richmond’s ordinance contains an important provision for development projects where the permittee will not ultimately own the finished facilities. In that situation, the permittee must obtain the maintenance instrument from the future owner before final approval is granted. This means developers and contractors are responsible for ensuring that whoever ends up owning the property has formally accepted the long-term maintenance obligation before the project closes out.
The instrument runs with the land and transfers with every ownership change. A limited exemption exists for facilities treating runoff primarily from a single residential lot, subject to the Administrator’s discretion. For all other properties, the obligation is permanent. AQUALIS can manage your ongoing maintenance requirements and keep your documentation current.
How do I know if my Richmond stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
No recorded maintenance instrument on file. Richmond requires a recorded instrument before final plan approval. If your property has stormwater facilities and you cannot locate this document, that is an active compliance gap the City can act on during an inspection.
You are a developer or contractor who did not obtain the instrument from the future owner. If the project permittee and the future owner of the facilities were different parties and the instrument was not transferred before final approval, the maintenance obligation may not be properly documented.
Water is not draining after rain. Standing water more than 72 hours after a storm suggests your stormwater facilities are not functioning as designed and not meeting the performance requirements of your approved plan.
Visible deterioration in BMPs. Sediment accumulation, overgrown vegetation, clogged inlets or outlets, and structural damage are signs maintenance is overdue and put you at risk during a City inspection.
Recent property purchase. The maintenance instrument runs with the land. If you recently acquired a property with stormwater facilities and did not receive a copy of the recorded instrument or any maintenance history, AQUALIS can help you locate the instrument and assess the current condition of your facilities before a City inspection surfaces any issues.
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.
