26.17.02.04

.04 Stormwater Management Ordinances.

A. Each county and municipality shall adopt ordinances necessary to implement a stormwater management program. Subsequently, counties and municipalities shall submit any proposed amendments to the Administration for review and approval. By joint action with the county, a municipality may adopt the stormwater management ordinance of its respective county.

B. Each local ordinance shall provide for:

(1) A comprehensive stormwater management plan review and approval process that:

(a) Considers all aspects of project planning, design, and construction from initial conception through final approval;

(b) Requires the submission, review, and approval of interim plans at an increasing level of detail for specific stages of project development;

(c) Provides for coordinated input for all plans from all appropriate agencies including, but not limited to, soil conservation districts and departments of planning, zoning, public works, and environmental protection; and

(d) Requires implementation of ESD to the MEP;

(2) Exemptions and waivers;

(3) Criteria and procedures for stormwater management;

(4) Proper implementation of stormwater management in accordance with the approved plan;

(5) Maintenance responsibilities and requirements including periodic inspection; and

(6) Penalties for noncompliance with the ordinances including suspension of construction activities when appropriate.