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Berwyn, IL Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Design storm
50-year, 24-hour return frequency event
Maximum discharge rate
0.15 cubic feet per second per acre
Plan preparer
Professional engineer registered in Illinois
Sheet flow
Impervious runoff may not sheet flow to the public right-of-way
Fee-in-lieu approval
Zoning, Planning, and Development Commission
Waiver recording
Cook County Recorder of Deeds, at owner's expense

Summary

In the City of Berwyn, Illinois, § 1250.03 requires covered developments to manage the 50-year, 24-hour storm, hold discharge to 0.15 cubic feet per second per acre, and keep runoff from impervious surface off the public right-of-way. A property that cannot fit the controls can apply for a fee-in-lieu through the Zoning, Planning, and Development Commission.

(A) Purpose. ... The purpose of this section is to establish stormwater management regulations that reduce the volume and rate of stormwater runoff entering the storm sewer system and help prevent flood damages. ... (1) Runoff detention. ... Detention shall be achieved through incorporation of green infrastructure, post-construction stormwater management measures, and BMPs designed to increase permeable areas and to reduce pollution. ... (2) Discharge rate. The maximum allowable discharge rate shall be 0.15 cubic feet per second per acre (cfs/ac). The maximum discharge rate (cfs) from the regulated development shall be based on the maximum release rate (cfs/ac) times the disturbed land area (ac). (3) Sheet flow. Runoff from impervious surface area shall not sheet flow to the public right-of-way.

Full Breakdown

Section 1250.03 of the Berwyn Code of Ordinances states its purpose as reducing the volume and rate of stormwater runoff entering the storm sewer system and helping prevent flood damages. It applies to development meeting the § 1250.01(B) criteria: new developments needing site plan approval, planned developments, and new or expanded parking lots reaching 15 spaces. It does not replace controls required by any other agency. If another agency's stormwater rules also apply, both sets must be met, and where they conflict the more restrictive provision governs.

The design storm is the 50-year, 24-hour return frequency event. Detention is to be achieved through green infrastructure, post-construction stormwater management measures and BMPs designed to increase permeable areas and reduce pollution. The maximum allowable discharge rate is 0.15 cubic feet per second per acre, multiplied by the disturbed land area, and runoff from impervious surface cannot sheet flow to the public right-of-way.

A stormwater management plan under § 1250.01(E) must be prepared by a professional engineer registered in Illinois and approved by the Zoning Administrator. It shows sub-catchment areas, retention and detention BMP capacities, itemized drainage costs, an implementation timeline and an operations and maintenance schedule for each BMP. Site BMPs consist primarily of green infrastructure.

A property that cannot fit the controls on the lot can seek a fee-in-lieu. The Zoning, Planning, and Development Commission weighs whether approval will facilitate new development or redevelopment and whether lot size and configuration constrain the controls. Public Works calculates the fee for construction and ongoing maintenance, payments go into a dedicated stormwater management fund, and the certificate of waiver is recorded with the Cook County Recorder of Deeds at the owner's expense, with full payment made before a certificate of occupancy issues. Private facilities stay the owner's responsibility under a signed, notarized O&M plan and a recorded maintenance easement that gives the city inspection access.

Violations & Fines

Under § 1250.01(C), landscape elements and stormwater management facilities must be fully installed before an occupancy permit issues. Failure to implement the approved plan or maintain installed elements is cause for revocation of the occupancy permit and/or fines and penalties. The passages read state no dollar figure. Section 1250.03(C)(5)(b) also bars discharge from facilities that exceeds design criteria or contributes to water quality standard violations.

Frequently Asked Questions

What is the stormwater discharge limit in Berwyn?
Section 1250.03(C)(2) sets the maximum allowable discharge rate at 0.15 cubic feet per second per acre. The maximum discharge in cubic feet per second is that release rate times the disturbed land area in acres. Runoff from impervious surface also cannot sheet flow to the public right-of-way under § 1250.03(C)(3).
Can a Berwyn property pay a fee instead of building stormwater controls?
Yes, with approval. The Zoning, Planning, and Development Commission may approve or deny a fee-in-lieu based on whether approval will facilitate new development or redevelopment and whether lot size and configuration constrain the required controls. Public Works calculates the fee, and full payment is due before a certificate of occupancy issues.
Who maintains a private stormwater facility in Berwyn?
The property owner. Section 1250.03(C)(5) requires a signed, notarized operations and maintenance plan submitted to the city, and a copy must go to each new owner before a sale is final. The applicant also records a maintenance easement with the Cook County Recorder of Deeds giving the city access for periodic inspection.

Sources & Official References

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