Last Updated 07/23/2026
Excerpt from City of Yakima Municipal Code
Title 7 Public Services and Utilities; Chapter 7.83 Post-Construction Stormwater Runoff
7.83.120 Right of entry.
1. General
The director is hereby authorized and directed to enforce the provisions of this title. The director may employ, appoint and designate such city employees, representatives or officers to act on his behalf in the enforcement of this title under such control and supervision as he may specify. Any reference herein to the director shall also refer to designated city employees and the manager’s duly authorized representatives. The director shall, either upon complaint or upon his own initiative, investigate potential violations of this title. It shall be the duty of all the city officers to assist the director in the performance of this duty. It shall be the duty of all officers charged with the enforcement of the law to assist in the implementation of this title and its provisions.
2. Entrance onto Private Property
When necessary to perform any duties under this title or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the director may enter onto property to inspect the same or to perform any duty imposed or authorized by this title; provided, that if such property is occupied and not a public place, the director shall first present proper credentials and request permission to enter; and if such property is not occupied, the director shall first make a reasonable effort to locate the owners or other persons having charge or control and request entry. If such entry is refused, the director shall have recourse to every remedy provided by law to secure entry. The right of entry authorized under this title extends to any employee, officer or person who accompanies the director.
3. Judicial Warrant
If the director is refused access to the property or any part thereof, and if the director has demonstrated a reasonable cause to believe that a violation of this title exists, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this title or any order issued hereunder, then upon application by the city attorney, a judge of a competent jurisdiction will issue a search warrant describing the specific location subject to the warrant. The warrant will specify what may be searched and/or seized on the property described. The warrant will be served at reasonable hours by the director in the company of a uniformed police officer of the city. In the event of an emergency that presents an imminent threat to public health, safety or welfare as determined by the director, inspections may take place without the issuance of a warrant.
4. Scope of Entry
The right of entry extends to the following matters:
a) Entry upon the premises where a facility or activity is located or conducted, or where relevant records are kept;
b) Access to and copying, at reasonable times, relevant records;
c) Inspection at reasonable times of any facilities, equipment (including monitoring and control equipment), practices or operations regulated;
d) Sampling or monitoring for the purposes of assuring compliance; and
e) Inspection of any production, manufacturing, fabricating or storage area where pollutants or non-stormwater discharges may originate, are stored or disposed of in the sewer system, the MS4 or public UIC.
7.83.160 Ongoing maintenance for stormwater BMPs.
1. Maintenance Responsibility.
The responsible party named in the recorded stormwater maintenance agreement (YMC 83.130 (2)(f)(1)) shall maintain in good condition and promptly repair and restore all structural and nonstructural stormwater BMPs and all necessary access routes and appurtenances (grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices). Such repairs or restoration and maintenance shall be in accordance with the approved stormwater management design plan, the stormwater maintenance agreement, and the stormwater maintenance plan.
2. Maintenance Inspection by the Director or Representatives.
The director shall conduct periodic inspections for all stormwater practices for which a stormwater certificate of completion has been issued in accordance with YMC 83.150(4). All inspections shall be documented in writing. The inspection shall document any maintenance and repair needs and any discrepancies from the stormwater maintenance agreement and stormwater maintenance plans.
3. Records of Maintenance Activities.
The responsible party shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the director during inspection of the practice and at other reasonable times upon request.
4. Failure to Provide Adequate Maintenance.
a) In the event that the stormwater BMP has not been maintained and/or becomes a danger to public safety or public health, the director shall notify the responsible party by registered or certified mail. The notice shall specify the measures needed to comply with the maintenance agreement and the maintenance plan and shall specify that the responsible party has thirty days or, if allowed by the director in writing, other time frame mutually agreed to between the director and the responsible party, within which such measures shall be completed. If such measures are not completed, then the director shall pursue enforcement procedures pursuant to YMC 83.170.
b) If a responsible person fails or refuses to meet the requirements of an inspection report, maintenance agreement, or maintenance plan, the director, after thirty days’ written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four hours’ notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the practice in proper working condition. The director may assess the responsible party of the practice for the cost of repair work which shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the city.
7.83.170 Violations, enforcement and penalties.
Notwithstanding other requirements of law, as soon as any responsible person has information of any release of materials from a stormwater BMP to city property, the MS4, a public UIC, or any water of the state, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of a release of these materials, said person shall immediately notify code enforcement of the occurrence. Within five days after the occurrence, the discharger shall follow up with a written notification to the code enforcement division of the city. The notification shall include the location of the discharge, date and time thereof, type of waste, and corrective actions taken or required. Any discharger who discharges prohibited materials shall be liable for any expense, loss or damage to the city’s stormwater system, in addition to any other liability established by this chapter or other city ordinance and the amount of any fines, penalties, damages or costs assessed against the city by any state or federal agency, court of law or private individual, as a result of the discharge. (Ord. 2010-08 § 1 (part), 2010).
7.83.180 Notice of violation.
Whenever the director finds that a person is in violation of this chapter, or an order issued hereunder, the director may serve upon said individual or entity written notice of the violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions, shall be submitted to the director. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2010-08 § 1 (part), 2010).
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Frequently Asked Questions
What is stormwater compliance in the City of Yakima?
Stormwater compliance in Yakima means following the City’s Post-Construction Stormwater Runoff ordinance, which sets minimum requirements for managing runoff from development and existing properties. The City is the permitting authority for all land disturbing activities and will only issue construction permits to projects with an approved plan to manage runoff. Once construction is complete, property owners are responsible for maintaining all on-site stormwater BMPs in accordance with the stormwater maintenance agreement recorded for their property.
Yakima follows the Stormwater Management Manual for Eastern Washington, which was developed specifically for the region’s high-intensity storms, hot dry summers, and reliance on infiltration and groundwater. The City operates under the Eastern Washington Phase II NPDES Municipal Stormwater Permit and can inspect properties and issue a Notice of Violation for any deficiency found on site.
Does my Yakima development project need flow control facilities?
If your new development project results in 10,000 square feet or more of new impervious surface and discharges stormwater to a surface water body, you are required to construct stormwater flow control facilities. These must be designed to protect stream morphology and instream habitat from increased peak flows following development, and energy dissipation at the point of discharge is required for all projects unless site-specific conditions warrant an exception.
Redevelopment projects are generally not required to construct new flow control facilities unless required under a basin plan or other federal, state, or local requirement.
Yakima’s ordinance also establishes a clear order of preference for how stormwater should be managed on your site, starting with maintaining dispersed sheet flow to match natural conditions, followed by infiltration on site, then infiltration off site, and so on. The preferred approach is always the one that most closely mimics natural drainage. If you are unsure what is required for your project, AQUALIS can review your plans and help you navigate the permitting process.
Who is responsible for long-term stormwater maintenance in Yakima?
The responsible party named in the recorded stormwater maintenance agreement for your property is accountable for maintaining all stormwater BMPs in good condition, promptly repairing any damage, and keeping maintenance records for at least five years. This obligation covers all structural and nonstructural BMPs, drainage surfaces, vegetation, erosion controls, and access routes.
The maintenance agreement is recorded with the property and transfers with ownership. If you recently acquired a property and are not sure whether a maintenance agreement was recorded or what it requires, that is worth confirming before the City conducts an inspection. AQUALIS can manage your ongoing maintenance obligations and recordkeeping on your behalf.
What happens when Yakima issues a stormwater violation notice?
Once you receive a Notice of Violation, you have 10 days to submit a written explanation of the violation and a corrective action plan to the director. Submitting that plan does not relieve you of liability for the original violation or any ongoing violations while corrections are being made.
If your stormwater BMP has become a danger to public safety or health, the City will notify you by registered or certified mail and give you 30 days to complete the required corrections. If you do not act within that window, the City can perform the work itself and recover all costs as a lien on your property, which can be placed on your tax bill and collected as ordinary taxes.
For imminent threats to public health or safety, the notice period is shortened to 24 hours. The City does not need to issue a Notice of Violation before taking emergency action.
What are the most common stormwater compliance failures in Yakima?
Based on AQUALIS’s inspection experience and Yakima’s ordinance, these are the issues we see most often.
BMPs not maintained per the Eastern Washington Stormwater Manual. All source control BMPs must be selected, designed, and maintained according to the manual. Systems that have degraded or are not being maintained to manual standards are a direct violation, even if they were correctly installed when first built.
Natural drainage patterns altered without authorization. Yakima’s ordinance requires that discharges occur at the natural location to the maximum extent practicable, and that drainage not be discharged onto adjacent property without appropriate authority. Informal grading, filling, or rerouting of drainage that changes natural patterns is a common violation.
Releases not reported immediately. Any release of materials from a stormwater BMP to City property, the MS4, a public underground injection control facility, or any water of the state must be reported immediately to code enforcement, with a written follow-up within five days. Many property owners are unaware of this requirement until after a release has already occurred.
Maintenance records not kept for five years. The ordinance requires all maintenance and repair records to be retained for at least five years and made available during inspections. Missing documentation is a common gap, especially on properties that have changed hands.
How do I know if my Yakima stormwater system is at risk of failure or safety violation?
Watch for these warning signs.
Your BMPs are not performing as designed. Stormwater that is not infiltrating within the expected timeframe, overflowing, or bypassing your system suggests the facility is no longer meeting its design standards under the Eastern Washington Stormwater Manual.
A release has occurred and was not reported. Any release of materials reaching the MS4, City property, or any water of the state must be reported immediately. If a release happened and was not reported, that is an active violation with financial liability attached. Addressing it proactively with code enforcement is much better than waiting for the City to discover it.
Drainage is discharging somewhere other than its natural location. If site conditions, landscaping, or construction have altered where stormwater leaves your property, that may violate Yakima’s natural drainage preservation requirement.
Your maintenance records are incomplete or missing. Five years of maintenance and repair documentation is required. If you cannot produce records for a City inspection, you have no way to demonstrate your BMP has been properly maintained.
You recently purchased the property. The stormwater maintenance agreement transfers with ownership. If you are not sure what the agreement requires or whether the BMPs on your property are in good condition, an AQUALIS assessment can clarify your obligations before the City conducts its next periodic inspection.
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.
