Fairfax County Considers Maintenance of Private Stormwater Facilities

Fairfax County, Va. — a 1023 km2 (395 mi2) area with more than 1 million residents — is considering county maintenance of private stormwater management facilities. Many of these features, such as rain gardens, are currently managed by homeowners associations. According to the county’s Department of Public Works and Environmental Services, as reported in Fairfax Times, annual inspection and maintenance could cost about $3.5 million based on initial estimates. Further, the county could assume liability if the practices fail or they cause flooding on a regular basis, which could be considered taking of private property. County staff are considering who would pay for the maintenance and what the criteria would be for county assumption of maintenance responsibilities.

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