A Stormwater Maintenance Agreement is an agreement between the City and a private landowner regarding the stormwater drainage facilities installed on the property. The agreement is required for new development projects to ensure privately owned stormwater facilities are being appropriately maintained and continue to function.

A stormwater maintenance agreement is a legal contract or obligation that is filed with Deschutes County Clerk’s Office and is tied to the property itself, not just the individual owner. This means:

• The agreement automatically transfers to future owners when the property is sold or inherited.
• The agreement remains in effect regardless of who owns the land.

One of the main reasons for this requirement is compliance with the City’s Municipal Stormwater Permit issued by the Oregon Department of Environmental Quality (DEQ). Under this permit, cities must implement long-term operation and maintenance programs for stormwater facilities, including those located on private property. The permit requires that municipalities ensure stormwater controls continue to function as designed after development is complete.

By establishing formal maintenance agreements, the City ensures long-term accountability for system upkeep, prevents polluted run-off from entering local waterways, and meets environmental regulations. These agreements also help reduce the risk of drainage problems and localized flooding, while protecting community health and natural resources.

• Perform annual inspections of all stormwater facilities.
  • Use the City of Bend Inspection and Maintenance Checklist to guide stormwater inspections.
  • Submit annual inspection reports to the City of Bend through the Online Permit Center Portal by February 28th of each year.
• Perform any necessary maintenance or repairs to the stormwater facilities to ensure they continue to function.

Your stormwater maintenance agreement documents include a site map with the installed facilities and their locations. Fact sheets outlining the general information on different kinds of facilities are available online at: Stormwater Maintenance Agreements & Annual Reporting.

The easiest way to locate your Stormwater Maintenance Agreement is online in the Online Permit Center Portal after creating an account and it has been linked to the specific SWMA.

*Stormwater Maintenance Agreements can also be searched on the Deschutes County Clerk records website under real property records as Deed documents with subtype Agreement/License/Permit Records. Visit the Records Research website page.

The primary objective is to collaborate with property owners and managers to support proper maintenance of privately owned stormwater facilities. While enforcement is not the focus, missing annual inspection reports or inspections that reveal non-compliance with operation and maintenance may result in code enforcement. This can include a notice of violation and/or civil penalties based on the seriousness of the violation.

To facilitate tracking and compliance, the City will accept annual inspection reports through the Online Permit Center Portal. You will need an account linked to the SWMA. Instructions for submitting reports are available online: Stormwater Maintenance Agreements & Annual Reporting. If you are still having trouble you can reach out to stormwater@bendoregon.gov with questions.

The primary contact can be the property owner of the property with a maintenance agreement or a responsible party designated by the property owner. The primary contact will receive all correspondence and notices from the City and have the authority to perform inspections and submit annual reports on behalf of the owner.

The City may inspect a portion of facilities with agreements each year after review of inspection reports or in response to complaints. Property owners will be notified in advance prior to City inspection.