Post Construction Best Management Practices (BMPs) What are Post Construction BMPs and why are they needed?

Structural BMPs are permanent stormwater treatment features incorporated into the design of newly developed or redeveloped properties. To function properly, these BMPs need to be designed and installed properly, and receive regular inspections and maintenance.

The Problem

When land is developed, the native grassland or agricultural land is turned into buildings and parking lots, increasing the amount of stormwater that runs off into our streams, creeks, and lakes (water quantity), as well as increasing the pollutants that enter these water bodies (water quality).

Examples of some pollutants
Oils from cars and trucks
Sand, gravel, and salt from snow operations
Sediment from soil erosion
Animal waste
Trash (litter)

The Solution

Water quantity is addressed by a development establishing onsite detention to slow down, detain, and reduce the amount of stormwater entering these water bodies.

Water quality is addressed by a development utilizing structural Best Management Practices (BMPs). Structural BMPs are permanent stormwater treatment features incorporated into the design of newly developed or redeveloped properties. To continue functioning properly, these BMPs need to be maintained regularly.

The City of Lincoln is required by the Environmental Protection Agency (EPA) and Nebraska Department of Environment and Energy (NDEE) to implement a program to address the water quality of stormwater runoff as part of the City’s National Pollutant Discharge Elimination System (NPDES) permit.

To fulfill this requirement, the City passed Ordinance 28.03 on February 3, 2014, which went into effect in February of 2016. The ordinance requires all land development projects and land redevelopment projects with one acre or more of construction activity within the City’s 3-mile jurisdiction to incorporate into the design, permanent structural BMPs. The owner of the property is required to install, inspect, and maintain these BMPs on a permanent basis.


Design and Installation

Structural BMPs must be designed and installed properly. To ensure the BMPs meet the intended function, City engineers review the design of these BMPs to verify they meet the City’s Design Standards, which can be found here:

  1. Before construction starts, the property owner signs an agreement to install, maintain, and inspect the BMP(s) on a continuous basis.
  2. After construction is complete, the property owner is responsible for maintenance, inspections, and for submitting a written record of inspection results and any maintenance work annually to the City.
  3. The owner may transfer or sell the property to a new property owner, Homeowner’s Association (HOA), or Business Association. It is then the responsibility of the new owner to adhere to the maintenance agreement by inspecting and maintaining the BMP(s).
  4. City staff (Watershed Management Division) conduct periodic inspections to ensure the BMP(s) are being maintained and reported on properly.

Inspection and Maintenance

Maintenance of the BMPs is critical to optimize their effectiveness in reducing pollutants from entering our streams, creeks, and lakes.

The owners and operators of these properties are required to conduct regular maintenance activities and annual inspections, as per the property's "Maintenance Agreement" (Stormwater Management Plan, Maintenance Agreement and Easement) signed with the City of Lincoln and filed with the County Register of Deed's Office, and required by Municipal Code Chapter 28.03.080.

The following resource is available with additional details on specific BMPs that may be installed on your property and information on how to stay in compliance:

Owner/Operator BMP Maintenance Requirements

City staff will conduct an initial inspection to ensure the BMPs have been constructed properly and will notify the property owner of any corrections needed to be made. City staff will also conduct periodic inspections in the future to verify the BMPs are being maintained and functioning properly.


Training and Education

City staff will be conducting periodic training for property owners on BMP requirements and maintenance pitfalls.


Contact

Please contact NPDES@lincoln.ne.gov with any questions or concerns.