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Community Associations and Stormwater Detention Pond Maintenance ("BMP") Responsibilities

Editor's Note: Guest blogger Steve Blaine, a LeClairRyan attorney practicing out of the firm's Charlottesville office, and focusing his practice on land use, zoning, and community association law, has contributed the following post.

 BMPs: How to avoid an amenity from becoming a headache.

We frequently counsel clients, community associations, developers and builders, on various issues involving that ubiquitous ‘amenity’ known as the stormwater detention pond, or “BMP” (short for “Best Management Practices”). This article will briefly discuss how to avoid some of the more common pitfalls facing homeowners whose community’s common areas/elements include these useful, even if at times burdensome, features. At the end of the article is a “glossary of key terms” related to BMPs.

Why do we have BMPs anyway?

BMPs are used to improve the quality of water runoff from roads, parking lots, developed land, including residential neighborhoods, and to reduce peak stormwater runoff flow by providing temporary storage during larger storm events. If the BMP in your subdivision was constructed early in the development process, it was probably used to trap sediment from construction activities in the tributary drainage area, which also can be a very effective way to collect and remove pollutants. Hopefully, the BMP in your neighborhood happens to provide other benefits such as passive recreation and open space in addition to reducing peak runoff rates and improving water quality.

It is essential for those responsible for maintaining these BMPs to understand their important role and what to do to assure their continued proper function.
 

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