Last Updated 08/19/2026
Excerpt from Smithfield Municipal Code
Part VI. Stormwater Management
Sec. 10.42 Purpose
It has been determined that proper management of construction related and post development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety and general welfare; and protect water and aquatic resources.
10.50.7- Evaluation of Standards for Stormwater Control Measures
All engineered stormwater controls and stormwater systems required under this ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice in the Design Manual. The Stormwater Administrator shall determine whether proposed engineered stormwater controls will be adequate to meet the requirements of this ordinance.
10.51.1. – Function of Engineered Stormwater Controls As Intended.
The owner of each engineered stormwater control installed pursuant to this ordinance shall ensure adequate maintenance and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the engineered stormwater control was designed.
10.51.2. – Annual Maintenance Inspection and Report.
The person responsible for maintenance of any engineered stormwater control installed pursuant to this ordinance shall submit to the Stormwater Administrator an inspection report from a qualified professional certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance.
10.52.1. – Operation and Maintenance Plan.
There shall be an Operation and Maintenance Plan (O&M Plan) for every engineered stormwater control. The O&M Plan shall specify all operation and maintenance work necessary for the function of all engineered stormwater control components, including the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment measures, main treatment area, outlet, vegetation, and discharge point.
The O&M Plan shall require the owner to maintain, repair and, if necessary, reconstruct the engineered stormwater controls, and shall state the terms, conditions, and schedule of maintenance for the engineered stormwater controls. The O&M Plan shall specify methods to be used to maintain or restore the engineered stormwater controls to design specifications in the event of failure.
The O&M Plan shall be signed by the owner and notarized. The owner shall keep maintenance records and these shall be available upon request by the Stormwater Administrator.
10.52.5. – Inspection Program.
Inspections and inspection programs by Town of Smithfield may be conducted or established on any reasonable basis, including, but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in the engineered stormwater controls; and evaluating the condition of engineered stormwater controls.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. § 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties.
Excerpt from the Town of Smithfield Website
In response to NPDES permitting regulations, the Town of Smithfield has adopted a stormwater management ordinance. These regulations require new commercial and residential developments to address storm water quality and storm water quantity requirements during the site plan review process using stormwater best management practices as described by the North Carolina Department of Environmental Quality’s Storm Water Design Manual.
As part of the Town’s stormwater management program, the Town is implementing long term O&M by legal documentation and requires property owners/entities with required stormwater management facilities to prepare and submit an annual report, on or before July 31, with certification, sealed by a registered professional engineer, that the stormwater facility is functioning as intended, plus a certification by the person or entity responsible for maintenance that (1) the specific maintenance activities have occurred, (2) all non-routine maintenance has been listed and (3) that the yearly maintenance plan is adequate to ensure optimal functioning or that changes are recommended.
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Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in Smithfield?
Post-construction stormwater management refers to the ongoing obligation to preserve and continue the function of any engineered stormwater controls installed on your property, keeping them working exactly as designed for controlling stormwater quality and quantity. If your property in Smithfield has structural BMPs built under an approved plan following the North Carolina Department of Environmental Quality’s Storm Water Design Manual, that plan comes with a permanent maintenance responsibility, not a one-time construction requirement. AQUALIS provides full post-construction stormwater management for property owners in Smithfield, so these systems stay compliant well after a project wraps up.
Do I need a notarized Operation and Maintenance Plan for my Smithfield property?
Yes. The Town of Smithfield requires property owners to develop a notarized Operation and Maintenance Plan that spells out the maintenance schedule for every component of the stormwater system, including conveyance systems, inlets, treatment areas, outlets, and vegetation, along with the methods that will be used to restore the system to design specifications if it ever fails. Putting together and notarizing this plan is a formal requirement many owners overlook until an inspection flags it. AQUALIS prepares and manages these Operation and Maintenance Plans for Smithfield property owners, keeping them accurate and current with what is actually on site.
How often does Smithfield require stormwater BMP inspections, and who can perform them?
Smithfield requires an annual inspection performed by a certified professional, with the resulting report submitted to the Stormwater Administrator by July 31st each year. The report must certify that the facility is functioning as intended, document any completed maintenance and non-routine maintenance activities, and assess whether the existing maintenance plan is still adequate. Missing this annual deadline puts a Smithfield property at risk of falling out of compliance. AQUALIS schedules and manages these annual certified inspections for property owners in Smithfield, ensuring the July 31st reporting deadline is met every year.
What does a Smithfield stormwater inspection report actually need to include?
A compliant annual report for a Smithfield property must certify that the stormwater facility is functioning as intended, document all completed maintenance and any non-routine maintenance that was performed, and include an assessment of whether the current maintenance plan is still adequate for the site. This is more detailed than a simple pass or fail checklist. AQUALIS prepares these comprehensive annual reports for property owners in Smithfield, so the documentation submitted to the Stormwater Administrator meets every requirement the town expects.
Can the Town of Smithfield inspect my stormwater system outside of the annual report cycle?
Yes. Beyond the required annual inspection, Smithfield may conduct routine, random, or complaint-based inspections at any time, which can include reviewing maintenance records and sampling discharges from the site. Property owners in Smithfield should be prepared for these inspections to happen without advance notice. AQUALIS keeps Smithfield properties inspection-ready year-round, not just ahead of the annual July 31st deadline, so an unannounced visit doesn’t catch an owner off guard.
What happens if my stormwater BMP in Smithfield is not functioning as designed?
If an inspection finds that a stormwater control is no longer preserving and continuing its intended function, the property owner is responsible for restoring it to design specifications using the methods outlined in the site’s Operation and Maintenance Plan. Delaying this restoration can compound the problem and increase the risk of a compliance issue with the town. AQUALIS provides repair and non-compliance resolution services for Smithfield property owners, correcting failed BMPs and restoring them to the standards required by the town’s ordinance.
Who is responsible for the Operation and Maintenance Plan if I bought a Smithfield property with an existing stormwater system?
The obligation to maintain a Smithfield property’s stormwater controls, and to keep the notarized Operation and Maintenance Plan current, transfers to whoever owns the property, regardless of who was involved in the original construction or permitting. This can surprise new owners who inherit a system, and a plan, that hasn’t been reviewed in years. AQUALIS reviews existing Operation and Maintenance Plans for new Smithfield property owners and takes over the maintenance and reporting responsibilities they require.
Where can property owners in Smithfield get help with post-construction stormwater compliance?
Post-construction stormwater compliance in Smithfield involves a notarized Operation and Maintenance Plan, annual certified inspections due by July 31st, detailed reporting requirements, and the possibility of unannounced town inspections. Managing all of this without dedicated stormwater staff is difficult for most property owners. AQUALIS offers complete post-construction stormwater management for Smithfield property owners, covering maintenance planning, certified inspections, reporting, 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.
