Stormwater Management Priorities Policy

Background. Section 3 experiences stormwater management challenges at multiple locations throughout the Village, including on public and private property. While not all properties are equally affected, it is in the public interest to increase stormwater mitigation and management efforts within Section 3 as feasible.

Homeowners are typically in the best position to manage stormwater on their property, and for preventing excess water shedding to sidewalks, roads, and neighboring properties.

The Village recognizes, however, that stormwater runoff cannot always be contained even with the reasonable efforts of homeowners. We also recognize that topography and natural water flow may result in a large area of multiple properties draining to a single area and creating water problems for the downhill homeowner(s).

Priorities. For purposes of future stormwater management projects, Section 3 will prioritize the mitigation of persistent stormwater problems that:

adversely affect public safety, public property, or multiple private properties;
cannot be resolved by a single homeowner; and
are the result of water shedding from public property (including roadways) or multiple properties.

Examples of adverse effects that properly may be addressed by the Village include, but are not limited to,

excess water or icing on sidewalks, roadways, or other public property;
standing or slow-moving water that fosters mosquito breeding;
and excessive flooding in private yards.

For purposes of the Village’s analysis, the following definitions are understood to apply:

“Excessive flooding” means standing water for more than 24 hours documented multiple times per year over a prolonged period;

“Persistent stormwater problem” means a stormwater problem that continues to exist or endure over a prolonged period.

In addition, the Village Code defines “adversely affect” as “to have a deleterious effect on property that unreasonably interferes with the use or enjoyment of property.” See Section 3 Code § 6-101(c).

Additional factors. Any stormwater management work by Section 3 will be undertaken at the sole discretion of the Village based on multiple factors including, in addition to the above,

budget and cost considerations;
anticipated benefits to the community, including whether the solution will ameliorate a particularly serious condition, benefit multiple properties, or benefit the community as a whole;
future project considerations;
engineering evaluations and recommendations;
the availability of cost-sharing with other government agencies;
the agreement, where appropriate, of affected homeowners to undertake additional private stormwater management efforts.

Section 3’s storm drain system is maintained by Montgomery County. Therefore, any Village mitigation efforts that include construction of additional storm drains or tie-ins to existing storm drains are subject to County approval and, ideally, cost sharing. Similarly, Connecticut Avenue and Brookville Road are Maryland State Highways and any Village mitigation efforts will be coordinated with the State Highway Administration and, where feasible, should include cost sharing.

(Adopted by the Village Council August 2021)