Last Updated 08/17/2026
Topeka Stormwater Laws and Regulations
City of Topeka regulations are compliant with its Kansas Pollutant Discharge and Elimination System requirements for the city’s small municipal separate storm sewer system (MS4) permit, and with those of Shawnee County.
Excerpt- Topeka Stormwater Ordinance
13.30.070 General Provisions
Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements of this chapter, any person engaged in activities or operation, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants.
(a) Any person undertaking land disturbance activities shall comply with the requirements and standards set forth in this chapter. Permit requirements for land disturbance activities are set forth in this chapter.
(b) Applicability. Regardless of whether or not a land disturbance activity requires a permit, any person engaged in any land disturbance activity shall comply with the spirit and intent of this chapter. At a minimum, such persons shall employ BMPs for erosion and sediment control in proportion to the scale of the activity to reduce the amount of sediment or other pollutants in stormwater discharges associated with those activities.
(c) Responsible Person(s). When the term “responsible person(s)” is used in this chapter, it shall mean the landowner of the property upon which a land disturbance activity takes place and any person(s) performing a land disturbance activity. When a permit is issued, a landowner is responsible for land disturbance activities from permit issuance to closure, unless the city approves a transfer of responsibility to a new landowner when land is sold.
(d) Time Requirement. Where land disturbance activities have temporarily or permanently ceased on a portion of a project site for over 14 consecutive days, the disturbed areas shall be protected from erosion by stabilizing the areas with mulch or other similarly effective soil stabilizing BMPs, unless the timeframe for compliance is extended by the utilities director. Where implementation of stabilization measures is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (Ord. 20089 § 104, 10-17-17.)
13.35.030 Performance Criteria For Stormwater Management
All subdivision plats and site plans shall meet the following requirements for stormwater management:
(a) Designs shall establish stormwater management practices to control peak flow rates of discharge according to the storm drainage design criteria. These practices should utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, storage areas, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
(b) All stormwater runoff generated from new developments shall not discharge directly into a jurisdictional wetland or local water body without adequate treatment as specified in the post construction stormwater quality policy. Where such discharges are proposed, they shall meet all applicable local, state and federal requirements, permits, plans and programs. The owner is responsible for complying with all local state and federal permits that are applicable to the site.
(c) BMPs shall be designed to promote infiltration to the maximum extent possible through the use of structural and nonstructural methods.
(d) For new development and redevelopment, structural stormwater treatment practices shall meet the following performance standards:
- Stormwater runoff shall be treated for water quality prior to discharge from the development site.
- Designed according to the City of Topeka Design Criteria and Drafting Standards.
- Reduce the discharge of the total maximum daily load (TMDL) regulated pollutants to an associated stream and/or lake as identified in the Post Construction Stormwater Quality Policy set forth by the utilities director.
- Reduce the discharge of principal pollutants of concern as identified in the Post Construction Stormwater Quality Policy set forth by the utilities director. (Ord. 20089 § 111, 10-17-17.)
13.35.060 Maintenance and repair of stormwater facilities.
(a) Stormwater Management Easement. Prior to the approval of subdivision or site plan applications pertaining to land development activities described in TMC 13.35.010(a), the owner of the site shall provide for access to the facility at reasonable times for periodic inspection by the city, or its contractor or agent, and shall require the property owner to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The stormwater management easement shall be shown on the recorded plat or granted by separate, recorded instrument.
(b) Inspection of Stormwater Facilities. The utilities director shall have the ability to conduct inspections of the stormwater facilities. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.
(c) Failure to Maintain Practices. If a responsible party fails or refuses to meet the requirements set forth in the stormwater management plan, the city, after reasonable notice, may pursue enforcement of the plan or the provisions of this chapter. (Ord. 20089 § 114, 10-17-17.)
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Frequently Asked Questions
Do I need a permit before Topeka's BMP requirements apply to my property?
No. The ordinance is explicit that the requirement to implement best management practices applies notwithstanding whether a permit exists for the activity. Anyone engaged in an activity or owning a facility that will, or may, result in pollutants entering stormwater, the storm drain system or waters of the U.S. has to implement BMPs to the extent they’re technologically achievable, regardless of permit status.
Who's responsible for a Topeka land disturbance activity, the owner or the contractor doing the work?
Both, but with a specific handoff rule. The city defines “responsible person” as the landowner where the activity takes place and anyone performing the work, and once a permit is issued, the landowner stays responsible from issuance through closure unless the city approves a transfer of responsibility to a new owner if the land sells. That means an owner selling mid-project needs city sign-off on the transfer, not just a closing that assumes the obligation moves automatically.
How long can disturbed soil sit exposed on a Topeka construction site?
14 consecutive days. If land disturbance activities stop, temporarily or permanently, on any portion of a site for more than 14 days, that area has to be stabilized with mulch or a similarly effective BMP, unless the utilities director grants an extension. Snow cover is the one built-in exception, in which case stabilization has to start as soon as it’s practical once conditions allow.
What performance standard does Topeka hold new stormwater treatment practices to?
Structural stormwater treatment for new development and redevelopment has to treat runoff for water quality before it leaves the site, follow the city’s own Design Criteria and Drafting Standards, and specifically reduce discharge of whatever pollutants the Post Construction Stormwater Quality Policy has identified as a concern for the receiving stream or lake. BMPs also have to be designed to maximize infiltration through both structural and nonstructural methods, not just convey water off-site faster.
Can Topeka inspect my property's stormwater facility, and what happens if I don't maintain it?
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.
