DEP Home : Water : Stormwater Facility Maintenance : Stormwater Facility Transfers
For questions about stormwater facility maintenance transfers, contact DEP:
It might be helpful to obtain the assistance of an attorney in preparing the required documents and completing the transfer process. Applicants must sign and notarize all transaction documents.
Grant of Stormwater Management Easement and Right-of-WayUse this document when you need to record a new stormwater easement for a stormwater facility.
Declaration of CovenantsUse this document when you need to record a new stormwater covenant for a stormwater facility.
Amendment of Declaration of Covenants DocumentUse this document to amend existing stormwater covenants.
Application to Transfer the Facility
Instructions on Filling Out the Transfer Application Form
If you own a stormwater facility and would like to transfer it into the County's Stormwater Facility Maintenance Program, use the guidance outlined here.
The transfer process has three stages:
Once you have completed these stages, Montgomery County becomes the only entity responsible for structural maintenance of the facility. You (the property owner) however, remain the owner of the facility and continue to be responsible for nonstructural maintenance around the facility, such as trash removal and grass cutting.
DEP highly recommends that you contact the Department before you submit your transfer paperwork to ensure that all the necessary documents have been prepared and to learn more about the transfer process.Residential and select non-residential facilities are eligible for transfer into the County’s maintenance program.
A variety of documentation is required for the transfer. This documentation helps to ensure that you are the verified owner and that the former owner (in many cases the developer) transferred the common area property, such as the stormwater facility, as required. The documents required include:
Use the following outline as a guide for gathering the appropriate information for the application:
Do you need help? DEP is happy to assist you with this process. Please email us at email@example.com or call 311 and provide the location of the stormwater facility. DEP can provide the structure type, the facility number, and insight into what to expect during the transfer process.
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Once most or all of the information described under Stage 1 has been collected, fill out the Stormwater Facility Maintenance Transfer Application form. Instructions for filling out the form are available. You must complete, sign, and notarize all the appropriate transaction documents, such as grants of easement, declaration of covenants, or covenant amendments. Submit the application form and supporting documents for legal review by DEP and the Montgomery County Office of the County Attorney.
After legal review and certification, the County Attorney returns the documents to DEP for submission to the County Administrative Officer. After the County Administrative Officer has signed the documents, DEP returns the fully executed documents to you so they can be recorded in the land records (see below).
NOTE: Although DEP encourages homeowners' associations to submit transfer documents as soon as possible, transfer documents will not be forwarded to the County Administrative Officer until the facility has an approved final inspection and the facility is in as-built condition. However, DEP review of the transfer documents can occur concurrently with repair work to bring the facility to as-built condition.
Once DEP returns the fully executed documents to you, the transfer process is almost finished. All that remains is for the signed documents to be recorded at County Land Records. You must record the document with County Land Records and receive a certified copy. Be sure to record only documents that have been signed and approved by the County. You can obtain a certified copy of a recorded document by taking a document that has been numbered and indexed to Room 219 of the Judicial Center at 50 Maryland Avenue in Rockville, Maryland.
The official approval letter will not be sent out until you obtain a certified copy of the recorded documents from County Land Records and submit the copy to DEP. Once DEP receives the certified copy of the recorded documents, Montgomery County becomes the only entity responsible for structural maintenance of the stormwater facility.
The time needed to complete the full transfer process varies depending on:
Before submitting your application to DEP, contact us at firstname.lastname@example.org or call 311 to confirm that you have all the information you need to submit an application.