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Wichita, KS Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing section
Wichita Municipal Code Sec. 16.32.020
Core rule
Only stormwater may enter the MS4
Exempt discharges
17 listed categories, e.g. car washing
Notice window before an exempt flow can be barred
10 days after written notice
Criminal fine
Up to $1,000 per day, misdemeanor
Administrative penalty range
$500 to $2,500 per day
Appeal deadline
14 days to request a director hearing

Summary

Wichita Municipal Code Sec. 16.32.020 bars introducing anything but stormwater into the city's municipal separate storm sewer system (MS4), with a narrow list of exempt flows like lawn irrigation and residential car washing. Even an exempt discharge can be shut down if the Public Works and Utilities director finds it is polluting the MS4 and gives ten days' written notice.

A.No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of stormwater, except as allowed in subsection B.B.The following nonstormwater discharges are deemed acceptable and not a violation of this section:1.A discharge authorized by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from the MS4);...5.A discharge or flow from lawn watering, landscape irrigation, or other irrigation water;...12.A discharge or flow from individual residential car washing;...C.Notwithstanding the provisions of subsection B of this section, any discharge shall be prohibited by this section if the discharge in question has been determined by the director to be a source of a pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than ten days beyond such notice.

Source: Wichita Municipal Code §16.32 — StormwaterView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 35).

Full Breakdown

The general prohibition in Sec. 020(A) makes it unlawful to introduce, or cause to be introduced, any discharge into the MS4 that is not composed entirely of stormwater. Subsection B then lists roughly 17 categories of nonstormwater flow the city treats as acceptable rather than violations: NPDES-permitted discharges, emergency firefighting flows, uncontaminated fire protection water, water line flushing, lawn watering and landscape irrigation, diverted stream flow, uncontaminated pumped or rising groundwater, foundation and sump pump drainage, potable water discharges free of harmful residue, unmixed air conditioning condensation, individual residential car washing, riparian or wetland flows, unpolluted street washing water, uncontaminated roof runoff, dechlorinated swimming pool water, and residential heat pump discharge.

Subsection C removes that safe harbor: if the director determines a listed discharge is a source of pollutants to the MS4 or waters of the United States, gives the discharger written notice of that determination, and the discharge continues more than ten days after notice, it becomes prohibited despite appearing on the acceptable list. 32's purposes, set out in Sec. 010, tie the ban to protecting surface and groundwater quality, complying with the city's federal NPDES stormwater permit, and managing local floodplains; the director administers the chapter and may issue a Storm Water Manual with enforceable BMP standards.

Enforcement runs through Sec. 100: before any penalty, the city typically issues a notice of violation detailing the problem and a deadline to fix it, unless the director finds the violator has repeatedly ignored the rules. Violations trigger three possible tracks: a misdemeanor criminal penalty, a stop work order halting construction activity at the site, or an administrative penalty. Enforcement authority under Sec. 130 extends to Office of Central Inspection deputies, Public Works and Utilities personnel, and the City Health Officer.

Violations & Fines

Under Sec. 16.32.100(C)(1), each violation is a misdemeanor punishable by a fine of up to $1,000, with every day a violation continues counted as a separate offense. Administrative penalties run $500 to $2,500 per day per Sec. 16.32.100(C)(3), including up to $2,500 for failing to obtain an NPDES permit, install or maintain BMPs, or comply with an approved drainage plan; repeat violations by the same person within 12 months double the penalty. Falsifying required records under Sec. 16.32.150 is a separate misdemeanor carrying up to $1,000 and six months in jail.

Frequently Asked Questions

Can I wash my car in the driveway in Wichita?
Yes. Sec. 16.32.020(B)(12) specifically exempts individual residential car washing from the general prohibition on discharges into the storm sewer system, so runoff from washing your own car at home is not a violation.
What happens if the city says my exempt discharge is polluting?
Under Sec. 16.32.020(C), the director can revoke the exemption for any listed nonstormwater discharge by determining it is a pollutant source and giving written notice; if the discharge continues more than ten days after that notice, it becomes a prohibited discharge subject to enforcement.
How much can I be fined for an illegal stormwater discharge in Wichita?
Sec. 16.32.100 sets a misdemeanor fine of up to $1,000 per day for criminal violations, or an administrative penalty of $500 to $2,500 per day depending on the violation type, with repeat violations within 12 months doubling the penalty.
Can I appeal a stormwater violation notice from the city?
Yes. Sec. 16.32.120 lets anyone affected by a penalty, order, or determination request a hearing before the director within 14 days, addressed to the Director of Public Works and Utilities at 455 North Main Street; the director's decision can then be appealed to the City Council within 14 more days.

Sources & Official References

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