Last Updated 08/15/2019
The City of Tuscaloosa has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Tuscaloosa is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Tuscaloosa will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Tuscaloosa, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Tuscaloosa has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
BMP Outline- Control Measure 4: Post-Construction Stormwater Management in New Development and Re-Development
4.5 POST BMP INVENTORY
The City shall maintain an inventory of newly developed and redeveloped sites that incorporate post‐construction structural controls. Maintain inventory of LID/GI practices implemented at sites within MS4. Inventory will guide inspection and enforcement practices. Post‐construction structural controls shall be recorded on a dedicated spreadsheet and included in the SWMPP annual report.
4.6 POST BMP ANNUAL INSPECTION
Personnel shall inspect post‐construction structural controls to ensure installation, function, and maintenance are adequate and in accordance with plans and agreements. Post‐construction structural control inspections shall be performed annually using a dedicated Post BMP Annual Inspection form. Any deficiencies noted will be appropriately addressed using the Escalating Enforcement Procedure. The number of inspections and any enforcement actions will be documented and included in the SWMPP annual report.
4.7 POST BMP TRAINING
Appropriate personnel will be trained to inspect post‐construction structural controls. Annual training shall be conducted for appropriate personnel in regard to the installation, inspection, and maintenance requirements of post‐construction structural controls. The number of trainings conducted, attendees, and material presented shall be documented and included in the SWMPP annual report.
Municipal Code: City of TUSCALOOSA
ARTICLE IX. – STORMWATER PHASE II
Sec. 21-150. – Preamble, findings of fact and intent.
a. Under the stormwater phase II final rule, the small MS4 stormwater management program must include the following six (6) minimum control measures, except where a statewide NPDES program exists to address that control measure:
- Public education and outreach. Distributing educational materials and performing outreach to inform citizens about the impacts polluted stormwater runoff discharges can have on water quality;
- Public participation/involvement. Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on a stormwater management panel;
- Illicit discharge detection and elimination. Developing and implementing a plan to detect and eliminate illicit discharges to the MS4.
- Construction-site runoff control. Developing, implementing, and enforcing an erosion and sediment control program for construction activities that disturb one or more acres of land or less, if part of a larger common plan or development. ADEM Administrative Code Ch. 335-6-12 implements a statewide construction stormwater regulatory program consistent with NPDES requirements for construction activities.
- Postconstruction runoff control. Developing, implementing, and enforcing a program to address discharges of postconstruction stormwater runoff from new development and redevelopment areas. ADEM Administrative Code Ch. 335-6-12 implements a statewide construction stormwater regulatory program consistent with NPDES requirements for postconstruction activities.
- Pollution prevention/good housekeeping. Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques.
Sec. 21-152. – Illicit discharges.
Recognizing the adverse effects that illicit discharges can have on receiving waters as well as the health, safety, and welfare of local citizens, this article implements and enforces an illicit discharge detection and elimination program.
(e) Inspection. Inspections by the director of transportation/city engineer or his representative for the purpose of identifying potential illicit discharges shall be made as part of the subdivision, site development, or building inspection process, or as the response to a citizen complaint or city council request. Inspections to identify pollutant sources from upland areas may also be generated by the discovery and subsequent investigation and tracing of downstream pollutants in the MS4.
(f) Enforcement. Every effort shall be made to achieve the resolution of isolated violations of this article via the established subdivision, site development permit, and building inspection procedures. Repeated or gross violations of this article or those violations where the aforementioned measures cannot be successfully applied shall be treated as a violation of the Code of Tuscaloosa punishable in accordance with section 11-45-9, Code of Alabama, 1975.
ARTICLE XII. – REGULATION OF CERTAIN LAND DEVELOPMENT ACTIVITIES
Land Development Activities Regulations Generally
Sec. 21-210. – Purpose.
The purpose of this article is to establish minimum standards for design and construction of site grading and site and land development projects within the city and within its police jurisdiction. These minimum standards for land development activities are intended to protect and promote the public health, safety and general welfare by requiring the developing party to achieve these goals:
- The design and construction of safe and durable streets, driveways and parking lots.
- The design and construction of adequate stormwater drainage systems to reduce flooding.
- The design and construction of adequate, reliable and durable sanitary sewer systems that prevent illicit discharges.
- Preparing complete and accurate plans to enable the developing party to adequately address grading and lot issues.
- Insuring that there are adequate measures in place to control erosion and sediment and that stormwater pollution is reduced and controlled through establishment and maintenance of best management practices during construction and development activities.
- That appropriate measures have been taken to maintain stormwater sewer systems.
Sec. 21-211. – Scope.
This article does not contain all the regulations and requirements for development activities, design and construction nor does a permit issued pursuant to the provisions hereof serve as a substitute for obtaining and complying with all other applicable city ordinances, building and related codes, zoning restrictions, and other applicable regulations. Without limiting the generality of the foregoing development activities may also require building and related technical permits and inspections, compliance with zoning and subdivision ordinances and regulations. Municipal utilities for water and sewer require compliance with separate ordinances and policies of the water and sewer department of the city.
Sec. 21-215. – Design objectives.
The purpose of this article is to establish minimum requirements to be met by a developer or persons with respect to development and driveway activities on property in the area. The design objectives of the developers land development plan and application for a land development permit shall sufficiently and adequately address the following issues:
- Safe and functional design of roads, streets, driveways, and parking lots.
- Safe and functional design of sidewalks, walkways, trails and other pedestrian routes.
- Safe and functional design of drainage inlets, culverts, pipes and open channels.
- Minimize flooding, interruptions of utility service, traffic inconvenience and potential water damage to residences and businesses.
- Minimize the amount of public expenditures needed for maintenance of streets and roads, flood control projects, flood relief efforts, and stormwater facility maintenance.
- Preservation of trees, woods, natural meadows and other green spaces as much as possible (in conjunction with allowable land uses and zoning codes).
- Protect and enhance streams, wetlands, waterways and rivers for wildlife and plants by reducing stormwater pollution, erosion, and negative stormwater impacts.
- Promote development of recreational facilities and design aesthetics along streams, waterways, wooded areas and other green ways to benefit local neighborhoods.
- Protect and enhance the source of drinking water for the city in Lake Tuscaloosa, Harris Lake and Lake Nicol.
- Eliminate illicit discharges in the area.
- Protect and promote the general welfare of all citizens by achieving the goals of this article.
- Preserve and protect existing utilities and utility easements.
View State Page
Resources
City of Tuscaloosa Stormwater Homepage
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City of Tuscaloosa Low-Impact Development Page
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City of Tuscaloosa Stormwater Management Plan
View Resource
City of Tuscaloosa Code of Ordinances
View Resource
Alabama Handbook for Erosion Control (Volume 1)
View Resource
Alabama Handbook for Erosion Control (Volume 2)
View Resource
Frequently Asked Questions
Does Tuscaloosa keep records of my property's stormwater controls?
Yes. The city maintains an inventory of every newly developed or redeveloped site with post-construction structural controls, including low-impact development and green infrastructure practices. That inventory drives which sites get inspected and when, so if your property has a detention pond, bioretention area or similar control, it is already on the city’s radar.
How often does Tuscaloosa inspect post-construction stormwater controls?
Annually. City personnel inspect post-construction structural controls each year using a dedicated inspection form to confirm installation, function and maintenance match the approved plans and agreements. Any deficiency found triggers the city’s escalating enforcement procedure, and both the inspection and any enforcement action get logged in the city’s annual stormwater report.
What are the six required elements of Tuscaloosa's stormwater program?
As a Phase II MS4 community, Tuscaloosa’s program has to include public education and outreach, opportunities for public participation, a plan to detect and eliminate illicit discharges, construction site runoff control, postconstruction runoff control and pollution prevention practices for municipal operations. Private property owners intersect most directly with the illicit discharge, construction and postconstruction pieces.
How does Tuscaloosa find illicit discharges on private property?
Inspections happen as part of the standard subdivision, site development or building inspection process, in response to a citizen complaint, or following a city council request. The city can also trace pollutants found downstream in the storm sewer system back to their source on upland properties.
What happens if Tuscaloosa finds a violation on my property?
The city tries to resolve isolated violations through the existing subdivision, site development or building inspection process first. Repeated or serious violations, or ones that can’t be resolved that way, are treated as a violation of the Tuscaloosa city code and become punishable under state law.
Why does Tuscaloosa's land development ordinance mention specific lakes?
Article XII of the city’s code lists protecting the drinking water sources in Lake Tuscaloosa, Harris Lake and Lake Nicol as a specific design objective for land development activity. That means erosion control, BMP maintenance and stormwater drainage design on a property aren’t just about avoiding local flooding. They are also treated as part of protecting the city’s water supply.
Do I need a separate permit for grading and stormwater on my Tuscaloosa property?
Often yes. Tuscaloosa’s land development regulations set minimum standards for site grading, drainage design and erosion control, but a permit under that article does not replace other required approvals. Zoning restrictions, subdivision regulations, and building or utility permits from the water and sewer department may all apply separately depending on the scope of your project.
How can AQUALIS help my property stay compliant with Tuscaloosa's stormwater ordinance?
AQUALIS helps Tuscaloosa property owners prepare for the annual post-construction BMP inspection, maintain the structural controls the city already has on file, and respond to enforcement action before an isolated finding escalates under the city’s enforcement procedure.
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.
