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Portland, ME Environmental Rules: Stormwater Management (2026)

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

Key Facts

Enforcing agency
Department of Public Works (DPW)
Annual certification deadline
By June 30 each year
Deficiency correction deadline
60 days of identification
Appeal window
30 days to City Manager
Court appeal window
45 days, Rule 80B, Maine Superior Court

Summary

Portland requires an approved post-construction stormwater management plan and best management practices (BMPs) before any qualifying development project gets approval, and owners must keep those BMPs maintained and inspected every year afterward.

Notwithstanding any ordinance provision to the contrary, no applicant for a development project to which this article is applicable shall receive approval for that development project unless the applicant also receives approval for its post-construction stormwater management plan and for the best management practices ("BMPs") for that development project. ... The owner or operator of a BMP shall hire a professional Qualified to perform Post-Construction BMP Annual Inspections ... to at least annually, inspect the BMPs, including but not limited to any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Under Chapter 32, Article III of the Code of Ordinances, no applicant for a development project that needs a stormwater management plan under Section V of the City's Technical Manual can receive project approval unless the post-construction stormwater management plan and its BMPs are also approved (Sec. 32-37). Once built, the owner or operator of a BMP must maintain it per the approved plan. That means hiring a professional Qualified to perform Post-Construction BMP Annual Inspections to inspect BMPs -- parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures -- at least annually (Sec.

32-38(a)). If a BMP needs maintenance, repair or replacement, the owner must report the deficiency and corrective action to the Department of Public Works (DPW) within 60 days of identifying it, or DPW sets an expeditious repair schedule if 60 days isn't workable (Sec. 32-38(b)). By June 30 of each year, the owner must have that same qualified professional file a signed certification with DPW confirming the BMPs are adequately maintained and functioning, along with a filing fee DPW sets to cover its administrative and technical review costs (Sec. 32-38(c)-(d)). DPW may enter the property at reasonable hours, with the owner's, occupant's or agent's consent, to inspect the BMPs (Sec. 32-38(e)).

Violations & Fines

Violating this article or a post-construction plan is unlawful, and DPW enforces under 30-A M.R.S.A. § 4452, treating each day of violation as a separate offense (Sec. 32-39). DPW issues a written notice of violation ordering abatement, BMP repair or property restoration at the violator's expense, plus payment of fines, remediation costs and the City's attorney's fees (Sec. 32-39(a)). Appeals of a notice of violation go to the City Manager within 30 days, with a hearing held within 30 days of that appeal; the City Manager's decision can then be appealed to Maine Superior Court within 45 days under Rule 80B (Sec. 32-39(d)).

Frequently Asked Questions

Who must maintain stormwater BMPs in Portland?
Any person owning, operating, or otherwise having control over a BMP required by an approved post-construction stormwater management plan must maintain it, per Code of Ordinances Sec. 32-38, and demonstrate compliance through annual inspection and certification filed with DPW.
What happens if a BMP falls into disrepair?
The owner or operator must report the deficiency and corrective action taken to DPW within 60 days of discovering it under Sec. 32-38(b). If that timeline isn't achievable, DPW sets an expeditious alternative schedule for completing the repair.
Can the City fine a property owner over stormwater violations?
Yes. Sec. 32-39(b) authorizes fines, penalties and injunctive relief under 30-A M.R.S.A. § 4452, plus recovery of the City's attorney's fees and costs, with each day of continuing violation counted as a separate violation.

Sources & Official References

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