Stormwater Maintenance Agreement

A Private Stormwater Maintenance Agreement is needed in order to ensure the proper maintenance and functioning of storm drainage facilities that are not owned and operated by City Operations per section 4.070 of the City Municipal Code.

They are most commonly required of property owners that have an onsite raingarden or other water quality feature, underground treatment/detention system, or other water detention/retention/treatment system.  Recording and associated fees are required to be paid by the responsible party (as specified in 4.070). The Maintenance Agreement is to be recorded in the Deed Records of Clackamas County. 

Directions for submitting a Maintenance Agreement to the City

• Please print agreement on legal sized paper (8 1/2" X 14").  This ensures that the agreement has the correct sized font accepted by Clackamas County Recorder's Office (8pt or larger).
• The agreement must be signed and notarized by the property owner prior to recording with the County.  If there are two property owners,  both parties must have notarized signatures on the document.
• The agreement must have a site plan inserted into the box on the front page of the document or as an attachment to the document. Please note that if a site plan is attached as a separate document it will increase the length of the agreement as a whole and therefore will increase the cost of recording the document with Clackamas County. Additionally, any font within the site plan will need to be 8pt or larger to be recorded.
• The cost of recording the Maintenance Agreement is $93.00 for the first page and $5.00 for each additional page.  The average cost of recording a Maintenance agreement is between $103.00 and $108.00 depending on whether it is a single or double property owner, or if the site plan is attached as an additional document.
• Public notary services are available at the City's Library and at most banks.
• Upon recording, a copy of the recorded document will be required to be submitted to the City as part of final inspection requirements and prior to final project approval.