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Costa Mesa, CA Environmental Rules: Stormwater Management (2026)

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

Key Facts

Core ban
Illicit connections & prohibited discharges (§ 8-31)
Legal grace period
5 yrs structural / 6 mo nonstructural
New development trigger
Grading, building, or plumbing permit
Guidance document
Orange County Drainage Area Management Plan
Co-permittees
County + 31 Orange County cities

Summary

Costa Mesa bans any illicit connection to the storm drain system and any prohibited discharge of pollutants into it, gutters, or the Pacific Ocean under Municipal Code § 8-31. New development and significant redevelopment must also follow the county's Drainage Area Management Plan before the city will issue a grading, building, or plumbing permit.

§ 8-31. Prohibition on illicit connections and prohibited discharges. (a) No person shall: (1) Construct, maintain, operate and/or utilize any illicit connection. (2) Cause, allow or facilitate any prohibited discharge. (3) Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge. ... (c) A civil or administrative violation of subsection (a) of this section shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4894290; v9 updated 2025-11-18).

Full Breakdown

Chapter III of Title 8, Water Quality, implements Costa Mesa's NPDES stormwater permit obligations as one of 31 municipal co-permittees with the County of Orange and the Orange County Flood Control District. Section 8-31 flatly bars three things: constructing, maintaining, operating or using any illicit connection to the stormwater drainage system; causing, allowing or facilitating any prohibited discharge; and directing an employee, agent or contractor to do either. The prohibition reaches connections that predate the ordinance too. A pre-existing 'legal nonconforming connection' only stays legal for five years after adoption for structural improvements, or six months after the city sends written notice for nonstructural ones, unless the director of public services grants a reasonable extension after weighing the effect on receiving waters, the discharger's economic investment, and the financial impact of shutting the connection down.

Liability for illicit discharges attaches whether or not the violator acted negligently or intended to cause the discharge (§ 8-31(c)). Beyond the connection ban, Section 8-32 requires every new development and significant redevelopment project in the city, defined to include rehabilitation or reconstruction exceeding 2,000 square feet or half the existing building area, to comply with the Orange County Drainage Area Management Plan and any pollutant-reduction conditions imposed by the development services and public services departments before the city issues a grading permit, building permit, or non-residential plumbing permit.

Single-family detached homes are exempt from Development Project Guidance compliance unless the department finds the construction could discharge a significant pollutant level. Section 8-32 also bans discarding litter or waste material anywhere it can reach a street, gutter, or storm drain inlet.

Violations & Fines

An illicit connection or prohibited discharge is enforceable through the alternative remedies of § 1-33: infraction citations starting at $100 for a first offense and rising to $500 for a third within a year, misdemeanor prosecution carrying up to $1,000 and six months in jail, civil injunctions sought by the city attorney, and administrative hearings before the city council.

Frequently Asked Questions

Can I be cited for a stormwater violation even if it was an accident?
Yes. Municipal Code § 8-31(c) makes a civil or administrative violation of the illicit-connection and prohibited-discharge ban apply 'irrespective of the negligence or intent of the violator,' so an accidental discharge into the storm drain system is still enforceable.
Does a single-family home have to follow the county's stormwater best-management practices?
Generally no. Section 8-32 exempts construction of a single detached single-family residence from Development Project Guidance compliance unless the development services department determines the project could discharge a significant level of pollutants into the storm drain system.
What happens to a drain connection that was legal when it was built?
It stays legal for five years after the water-quality chapter's adoption if it's a structural connection, or six months after the city gives written notice for a nonstructural one, though the director of public services can grant an extension under § 8-31(b)(3).

Sources & Official References

Other rules in Costa Mesa

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