Last Updated 07/24/2026
Suffolk, Virginia Code of Ordinance
ARTICLE II. STORMWATER MANAGEMENT PROGRAM PROCEDURES AND REQUIREMENTS
Sec. 35-13. - Long-term maintenance of permanent stormwater facilities.
Prior to the issuance of any land-disturbing permit that has a stormwater management facility as one of the requirements of the land-disturbing permit, the applicant or owner of the site must execute a maintenance agreement that is binding on all subsequent owners of land served by the stormwater management facility.
(1) The maintenance agreement must provide for access to the stormwater management facility at reasonable times for periodic inspection by the administrator, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. This includes the right to enter a property when a reasonable basis exists to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. The easement must be recorded by the property owner in the land records. Proof of recordation must be provided to the administrator.
(2) Maintenance of all stormwater management facilities must be ensured through the creation of a formal maintenance agreement that must be approved by the city manager and recorded into the land record prior to final plan approval. The agreement must identify by name or official title the person(s) responsible for carrying out the maintenance. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, will remain with the property owner and must pass to any successor or owner. If portions of the land are sold, legally binding arrangements must be made to pass the basic responsibility to successors in title. These arrangements must designate each property owner, governmental agency, or other legally established entity permanently responsible for maintenance. As part of the plan approval, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility.
(3) In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city reserves the authority to perform the work and recover the costs from the owner.
(4) The maintenance agreement must provide for inspections and maintenance and the submission of inspection and maintenance reports.
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Frequently Asked Questions
What is stormwater compliance in the City of Suffolk?
Stormwater compliance in Suffolk means following Chapter 35 of the City Code, which establishes requirements to protect the health, safety, and welfare of Suffolk residents and to prevent unmanaged stormwater from degrading properties, water quality, stream channels, and other natural resources. Parts of Suffolk also fall within the Chesapeake Bay Preservation Act, which adds additional requirements in designated preservation areas.
The City is the permitting authority for all land-disturbing activities. Suffolk requires an approved stormwater management plan before any permit that involves a stormwater facility is issued. Property owners are responsible for maintaining all on-site stormwater management facilities and for submitting inspection and maintenance reports. The City conducts annual inspections of all stormwater management facilities and can issue stop work orders and take enforcement action for any deficiency found on site.
Who is responsible for long-term stormwater maintenance in Suffolk?
Before any permit requiring a stormwater management facility is issued, the applicant or property owner must execute a maintenance agreement that is binding on all subsequent owners of land served by the facility. The agreement must be approved by the City Manager, recorded in the land records, and provide a maintenance schedule specifying when and how often maintenance will occur.
Responsibility for operation and maintenance remains with the property owner and passes to any successor in title. If portions of the land are sold, legally binding arrangements must be made to pass maintenance responsibility to each new owner, clearly identifying who is permanently responsible for each facility.
If maintenance is neglected or a facility becomes a danger to public health or safety, the City has authority to perform the work and recover all costs from the property owner. AQUALIS can manage your maintenance obligations, keep your documentation current, and prepare the annual reports your agreement requires.
How often does Suffolk inspect stormwater facilities?
Suffolk requires annual inspections of all stormwater management facilities at minimum. Inspections document maintenance and repair needs and confirm compliance with the ordinance. Common findings include sediment and debris in catch basins and drainage pipes, overgrown vegetation, and structural deficiencies requiring repair or replacement.
Maintenance agreements must include plans for annual inspections between scheduled maintenance events and must include failure to maintain provisions. AQUALIS recommends conducting your own inspection before the City’s annual visit so any deficiencies are identified and addressed before they become enforcement findings.
How do I know if my Suffolk stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
No maintenance agreement recorded or maintenance schedule in place. Suffolk requires a City Manager approved, recorded maintenance agreement with a built-in maintenance schedule before any permit with a stormwater facility is issued. If yours was never executed or cannot be located, that is an active compliance gap.
Your property is in a CBPA area and disturbed 2,500 square feet or more without a stormwater plan. The lower threshold in preservation areas catches many smaller projects that would not trigger requirements elsewhere. Work done without an approved plan in a CBPA area is a violation.
Water is not draining after rain. Standing water beyond the expected drawdown period for your facility type suggests it is not functioning as designed and likely not meeting its maintenance agreement standards.
Visible sediment, debris, or overgrowth. These are the most common annual inspection findings. Catch basins full of silt, overgrown swales, and clogged outlets are all conditions the City documents and expects to be corrected.
A facility has become a danger to public safety. If the City determines your facility poses an imminent and substantial danger, it can issue an emergency stop work order without advance notice or hearing. If you are aware of a failing or dangerous condition on your property, proactive contact with the City or AQUALIS before they discover it is strongly advisable.
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.
