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Marion, OH Environmental Rules: Stormwater Management (2026)

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

Key Facts

Who must plan
The owner of each development area
Reviewing official
City Engineer
Large-site threshold
Five (5) acres or more, or part of a larger common plan
Easement width
Not less than 25 feet beyond the ditch or channel
Annual inspection report
Due to the City Engineer by May 1st each year
Penalty
First-degree misdemeanor: up to $1,000.00 and 180 days
Maintenance guarantee
20% of estimate, not less than two (2) years

Summary

In the City of Marion, Ohio, the owner of each development area must prepare a Post-Construction Storm Water Management Plan under § 915.5.4. The plan names who maintains each stormwater practice, and that duty runs into perpetuity. The City Engineer reviews the plan, and violations are first-degree misdemeanors under § 915.5.6.

In order to control Post-Construction water quality damage and damage to public and private lands, the owner of each development area shall be responsible for developing a Post-Construction Storm Water Management Plan. ... 5. This plan will identify the person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and Post-Construction phases of the development. ... 2. Such easements shall be not less than twenty-five (25) feet in width, in addition to the width of the ditch, channel, or other facility it is to serve. ... MAINTENANCE: ... Any portion of the permanent Post-Construction water quality management systems including on-site and off-site treatment/storage facilities that are constructed by the owner will be continuously maintained into perpetuity. ... 7. Perpetual Maintenance Inspections: One (1) inspection with a written report will be performed each year.

Full Breakdown

Chapter 915.5 of the Marion Codified Ordinances governs stormwater quality after construction ends. These are City of Marion rules, not Marion County or Marion Township rules. The chapter applies to development areas with new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms and redevelopment of urban areas (§ 915.5.3). It does not reach work covered by the Ohio Agricultural Sediment Pollution Abatement Rules, linear utility projects that add no impervious surface, or transportation projects subject to industry-specific Ohio EPA rules.

Under § 915.5.4 the plan must name the person or entity responsible for maintaining every vegetative or mechanical best management practice (BMP). A site that disturbs one (1) or more but less than five (5) acres must describe the BMPs that will control pollutants after construction. A site that disturbs five (5) or more acres, or is part of a larger common plan that will, must detain runoff, build structural BMPs into the permanent drainage system, and size them to treat the water quality volume, which the code sets as the runoff from a 0.75-inch rainfall.

Maintenance is a perpetual duty. In single-family developments a Homeowners' Association must be created and carry the inspections and upkeep. Multi-family, commercial and industrial owners carry them directly. Both stay responsible unless the City of Marion officially accepts the work. One (1) inspection with a written report is required each year, due to the City Engineer by May 1st. Easements to reach the BMPs must be at least twenty-five (25) feet wide in addition to the ditch or channel, and they bar woody plantings, buildings, fences and walls.

Permanent stormwater practices must be built before Final Plat Approval, or deferred for no more than six (6) months under a bond, escrow, verified check or cash guarantee (§ 915.5.7). The performance guarantee is not less than 120% of the City Engineer's estimate. The maintenance guarantee is 20% of the estimate and runs not less than two (2) years after final acceptance. Approved plans remain valid for two (2) years (§ 915.5.8).

Violations & Fines

A violation of Chapter 915.5 is a misdemeanor of the first degree, punished by a fine of no more than $1,000.00 or imprisonment for no more than one hundred eighty (180) days, or both, for each offense (§ 915.5.6). Each day a violation continues is a separate offense. On notice from the City Engineer, work stops immediately, and a verbal stop order is allowed pending the written order. The Law Director can also bring a court action to restrain, correct or abate the violation.

Frequently Asked Questions

Who maintains a stormwater basin after a Marion subdivision is built?
In a single-family development, the Homeowners' Association created for the land is continuously responsible for post-construction maintenance and inspections. For multi-family, commercial and industrial sites, the property owner is. Both duties run into perpetuity unless the City of Marion officially accepts the maintenance and inspections (§ 915.5.4).
What water quality volume must large sites in Marion treat?
For sites disturbing five (5) or more acres, or part of a larger common plan that will, the BMPs must be sized to treat the water quality volume. The code defines it as the volume of runoff from a 0.75-inch rainfall, determined with the most recent edition of the Rainwater and Land Development Manual.
Can I plant trees or build a fence on a stormwater easement in Marion?
No. The easements are restricted against trees, shrubbery and other plantings with woody growth characteristics. They also bar buildings, accessory buildings, fences, walls and other obstructions to the free flow of storm water, and they bar changing the final grade from the grading plan.
When must the financial guarantee be posted?
Under § 915.5.7, no soil disturbing activity is permitted until a Security Bond, Escrow Account, Verified Check or Cash has been posted to the City Engineer's satisfaction. No project can start until the Soil Erosion and Sediment Control, Storm Water Management, and Water Quality Plans are approved by the City Engineer.

Sources & Official References

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