Last Updated 08/21/2026
North Hempstead, New York Stormwater Regulations
Maintenance and Repair of Stormwater Facilities
Maintenance easement(s)
Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney.
Maintenance after construction
The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
- A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
- Written procedures for operation and maintenance and training new maintenance personnel.
- Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with the following water quality standard:
- Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
Maintenance agreements
The Town Board shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled “Sample Stormwater Control Facility Maintenance Agreement.” The Town Board, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
New York State Department of Environmental Conservation has a program for the control of storm water discharges entering to the ground waters and surface waters of the United States; this program is known as the State Pollutant Discharge Elimination System or SPDES.
The Town of North Hempstead is required to comply with the Phase II SPDES General Permit for discharges from small municipal seperate storm sewer systems, which is known as the MS4 Storm Water Discharge permit. To operate the storm water drainage system in the most efficient and responsible manner the Town works to reduce and control the amount and type of pollutants that end up discharging into the waterways.
Stormwater runoff is the excess rain or melted snow that cannot be absorbed by the soil and flows off of roofs, across properties, parking lots, and streets. It becomes non-point source pollution when it picks up contaminants along the way such as litter, fertilizer, and car oils, and enters a storm drain system where it is transported to a waterbody. Stormwater runoff has been identified by the Environmental Protection Agency (EPA) as a major contributor of pollution to our watercourses, waterbodies and wetlands, and is also a concern for flooding.
Storm drains are the grate openings you see along curbs, streets and parking lots. Their purpose is to collect stormwater runoff and direct it through a conveyance system to a discharge point such as a stream or creek. A sanitary sewer, on the other hand, takes household waste water from toilets, sinks and showers and transports it to a wastewater treatment facility where the water is treated thoroughly before it is released.
The Town has developed a Storm Water Management Plan (SWMP) which includes both local laws contained in the Town code as well as other steps to reduce pollutants in daily operations. The ordinance aims to reduce the amount of pollutants which enter into storm drains and ultimately the creeks, streams and coastal waterways.
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Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in North Hempstead?
Post-construction stormwater management covers the ongoing responsibility to maintain permanent stormwater practices on your property, under the requirements North Hempstead follows to comply with its SPDES Phase II MS4 permit, which obligates the town to reduce and control the pollutants entering local waterways. If your property in North Hempstead has a stormwater facility installed as part of a development project, keeping it functioning is a continuing obligation, not a one-time construction requirement. AQUALIS provides full post-construction stormwater management for property owners across North Hempstead, so facilities stay compliant well after a project is finished.
What is a maintenance easement agreement, and does it stay with my North Hempstead property?
Before receiving approval for a project with stormwater facilities, North Hempstead requires the property owner to execute a maintenance easement agreement that is binding on all subsequent landowners and grants the town access for periodic inspections to verify compliance with the facility’s design standards. This means the obligation carries over automatically to a new owner when the property is sold, regardless of who was involved in the original construction. AQUALIS reviews existing maintenance easement agreements for North Hempstead property owners and manages the maintenance activity they require.
What ongoing maintenance program does North Hempstead require for stormwater facilities?
North Hempstead requires owners and operators to maintain permanent stormwater practices through a preventive and corrective maintenance program for all treatment systems, supported by written operation and maintenance procedures and personnel training, all in service of adhering to state water quality standards that prohibit increased turbidity. This is a formal, documented commitment, not occasional or reactive upkeep. AQUALIS develops and manages these preventive and corrective maintenance programs for North Hempstead property owners, keeping documentation aligned with the actual maintenance work performed.
What is North Hempstead's formal maintenance agreement, and how is it different from a maintenance easement?
In addition to the maintenance easement agreement, North Hempstead’s Town Board mandates a separate, formal maintenance agreement recorded as a deed restriction before final plan approval is granted. As an alternative, the town may instead accept dedication of a facility, but only if it meets every requirement of the applicable chapter. AQUALIS reviews recorded maintenance agreements for North Hempstead property owners and helps evaluate whether facility dedication might be a realistic option for a given site.
Who is responsible for stormwater maintenance if I bought a North Hempstead property with an existing facility?
Because both the maintenance easement agreement and the formal maintenance agreement are recorded and binding on subsequent landowners in North Hempstead, the maintenance obligation transfers automatically to a new owner when a property is sold, regardless of who built or originally permitted the facility. New owners are often unaware of this until the town’s periodic inspection reveals an issue. AQUALIS reviews the maintenance history and recorded agreements for newly acquired North Hempstead properties and takes over the ongoing responsibility from there.
Where can property owners in North Hempstead get help with post-construction stormwater compliance?
Post-construction stormwater compliance in North Hempstead involves a recorded maintenance easement agreement, a separate deed-restricted maintenance agreement, a documented preventive and corrective maintenance program, and adherence to state turbidity standards. Managing all of this without dedicated stormwater staff is difficult for most property owners. AQUALIS offers complete post-construction stormwater management for North Hempstead property owners, covering maintenance, inspections, and non-compliance resolution, so owners can meet the town’s requirements without managing the process themselves.
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.
