Last Updated 06/12/2026
The City of Montgomery 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 Montgomery 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 Montgomery will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Montgomery, 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 Montgomery has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Excerpt from Montgomery Stormwater Homepage
In 1990, the U.S. Environmental Protection Agency (EPA) promulgated regulations establishing Phase I of the National Pollutant Discharge Elimination Systems (NPDES) storm water program. The Phase I program for municipal separate storm sewer systems (MS4s) requires operators of “medium” and “large” MS4s that generally serve populations of 100,000 or greater to implement a storm water management program as a means to control to the maximum extent practicable (MEP) polluted discharges from certain municipal, industrial and construction activities into the MS4. These “Phase I” stormwater regulations were incorporated into Section 402(p) of the Clean Water Act as part of the existing NPDES permit rules that address point source discharges. As a result, urban nonpoint source runoff became regulated as a point source.
The Alabama Department of Environmental Management (ADEM) presently has primary jurisdiction over permitting and enforcement of the Storm Water Program for Alabama. The City of Montgomery was issued NPDES Permit Number ALS000004 on 25 September 2013. The City’s NPDES Permit became effective on 1 October 2013 and will expire on 30 September 2018. The City of Montgomery is required to develop and implement a Storm Water Management Program (SWMP) in accordance with the NPDES Permit requirements.
In accordance with the City’s current NPDES Permit, the City has developed a Post Construction Stormwater Program to address stormwater runoff from qualifying new development and re-development projects. These requirements became effective on October 1, 2015.
The Technical Memorandum link shown below provides technical guidance regarding these updated post construction stormwater management requirements in accordance with the City’s NPDES Permit. Please use the links below to download copies of the memorandum along with a map, details and forms to be used in this program.
City of Montgomery’s officially adopted Stormwater Management Manual. For all construction in the City of Montgomery (excludes private storm drainage system) that is to be accepted by the City for maintenance or is required to meet a City drainage requirement.
Excerpt from Post Construction Stormwater Management Technical Memorandum
Operation and Maintenance
It is the responsibility of the Owner to operate and maintain the stormwater management facility and/or BMPs in accordance with the original design intent and approval. If the original Owner or Developer has sold the project or passed ownership on to a Homeowner’s Association, then it is the new Owner or HOA’s responsibility to maintain the facility and provide any required inspection and maintenance. Should maintenance be needed at a facility as a result of the Annual Inspection, the Owner shall provide the City documentation of the maintenance required and a schedule for completing all maintenance activities. Once all maintenance activities are completed, the Owner shall provide documentation to the City of the maintenance performed and that the BMP operates as it was designed. A summary of maintenance activities shall be submitted to the City each year by 30 September. The summary shall cover the previous fiscal year beginning 1 October through 30 September.
Excerpt from Montgomery Municipal Code
Chapter 12- Environment- Article V.- Erosion and Sedimentation Control
Sec. 12-209. – Requirement to prevent, control, and reduce storm water pollutants through the use of best management.
(1) Exceptions:
a. Where BMPs are promulgated by the city or any federal, state or regional agency for any specific activity, operation, or facility which would otherwise cause the discharge of pollutants to the city’s MS4, waters of the state or waters of the United States, every person undertaking such activity or operation or owning or operating such facility shall comply with such requirements. Compliance with such BMPs shall be deemed compliance with the provisions of this article.
b. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with construction and/or industrial activity shall be deemed compliance with the provisions of this section.
(b) Responsibility to implement best management practices. Except as set forth herein, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the MS4, waters of the state or the waters of the United States shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants.
The owner or operator of a commercial, industrial or high risk facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.
View State Page
Frequently Asked Questions
Why is Montgomery regulated under Phase I instead of Phase II NPDES rules?
Montgomery’s municipal separate storm sewer system serves a population large enough to fall under the EPA’s Phase I program, which applies to medium and large MS4s generally serving 100,000 people or more. The city’s current NPDES permit is administered by the Alabama Department of Environmental Management and requires Montgomery to implement a citywide stormwater management program.
Does responsibility for a stormwater facility transfer when a Montgomery property is sold?
Yes, and it transfers in full. If ownership passes to a new owner or to a homeowner’s association, the new party immediately inherits responsibility for operating and maintaining the stormwater facility, including any inspection and maintenance obligations tied to the original approval.
Do I have to report stormwater maintenance activity to the City of Montgomery every year?
Yes. Property owners have to submit a summary of maintenance activities to the city by September 30 each year, covering the prior fiscal year running from October 1 through September 30. If an annual inspection turns up needed maintenance, the owner also has to give the city a schedule for completing the work and documentation once it’s done.
What counts as a best management practice under Montgomery's ordinance?
Any commercial, industrial or high-risk facility that could pollute stormwater, the storm sewer system or waters of the state or United States has to identify, implement and maintain BMPs to address that risk. Owners cover the cost of these protections themselves, and non-compliance is treated as a violation of the city’s erosion and sedimentation control article.
Does having an NPDES permit satisfy Montgomery's BMP requirements?
Largely, yes. Full compliance with a valid NPDES permit covering construction or industrial stormwater discharge is treated as compliance with Montgomery’s BMP article. The same holds for BMPs set by the city or another federal, state or regional agency for a specific activity.
What triggered Montgomery's post-construction stormwater requirements?
The city’s NPDES permit required it to develop a Post Construction Stormwater Program addressing runoff from qualifying new development and redevelopment. Those requirements took effect October 1, 2015, and apply to construction the city accepts for maintenance or that has to meet a city drainage requirement, though private storm drainage systems are excluded.
Can Montgomery require additional BMPs if my property is tied to an illicit discharge?
Yes. Anyone responsible for a property that is, or may be, the source of an illicit discharge can be required to implement additional structural or non-structural BMPs at their own expense to stop further pollutants from reaching the storm sewer system.
How can AQUALIS help my property stay compliant with Montgomery's stormwater ordinance?
AQUALIS helps Montgomery property owners and HOAs meet annual maintenance reporting deadlines, implement the BMPs their post-construction program requires, and keep documentation current if a facility changes hands or an inspection flags needed repairs.
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.
