About the Water Quality Protection Charge: Uses and Benefits
What is the Water Quality Protection Charge?
The Water Quality Protection Charge (WQPC) is a charge based on the amount of impervious surface of a property. It appears as a line item on a property tax bill.
The WQPC is assessed on all residential properties and certain nonresidential properties. It was implemented in 2002 after years of study and recommendations by citizens serving on work groups and task forces, County Council staff, and the Department of Environmental Protection.
Why is the WQPC necessary?
Rainfall can't penetrate impervious surfaces such as roads, pavements, sidewalks, rooftops, driveways, and patios. Rainfall runoff therefore washes pollutants like oil and grease from driveways, fertilizers and pesticides from yards and turf areas, and pet waste from sidewalks into nearby streams or stormwater management structures. Stormwater runoff also erodes local stream banks if it's not properly managed by well-maintained ponds, sand filters, infiltration trenches, or other stormwater management structures.
Controlling the quantity and quality of stormwater runoff entering our streams and rivers helps to:
- Protect our drinking water sources
- Prevent flooding and property damage and the related damages, delays, and costs
- Maintain the water quality of our streams and rivers in compliance with the water quality standards established under the federal Clean Water Act
Stormwater control and management are not paid for by private developers or by the federal or state government. Stormwater control is achieved through a variety of structures, services, and programs run by the County, and WQPC funds help to pay for them. The funding helps to restore and improve our damaged streams and waterways by maintaining the stormwater management facilities, installing new stormwater management facilities, restoring damaged streams, and monitoring water quality to ensure that the controls are working to maintain the ecological integrity of our streams and rivers.
What does the WQPC pay for?
The levies from the WQPC are used to pay for the structural maintenance of stormwater management facilities and water quality improvements in the County.
The WQPC pays partially for the capture and treatment of uncontrolled stormwater runoff from urban surfaces through:
- Environmentally sensitive design installations (e.g., rain gardens, bio swales, sand filters, bio-retention basins). Rather than treating rainfall as a waste to be channeled quickly off-site, these installations work by retaining, soaking in, and infiltrating rainfall and snowmelt on-site. This helps to maintain a natural water balance. Learn more about these installations on the Environmentally Sensitive /Low-Impact Development page.
- Stream restoration
- Retrofitting of stormwater facilities such as ponds, underground devices, and pipes, which are vital infrastructure to prevent flooding and pollution.
The WQPC is the sole source of funding for:
- Inspection and maintenance of stormwater management facilities so that they function as intended (learn more about the Stormwater Facility Maintenance Program)
- Water quality monitoring
- Street sweeping
- Associated operating expenses (e.g., personnel, printing, phones, training)
Are the revenues spent throughout the County?
The stormwater maintenance program is County-wide. However, the cities of Rockville, Gaithersburg, and Takoma Park are not included in this program because they are already implementing stormwater maintenance programs in their own respective cities. Takoma Park will continue to assess its own stormwater fee, which applies to city residents.
I don't have any drainage or stormwater problems. Why do I pay the WQPC?
Although the effects might not be directly apparent, stormwater from the impervious surfaces on your property contributes to a cumulative downstream effect that includes (1) increases in volume and (2) potential increases in pollutants. To deal with this ubiquitous stormwater runoff to which your property contributes a small part, the County relies on the WQPC funding for its stormwater management programs.
Everyone benefits from the clean water in our rivers and streams, adequate flood protection, and good public health that are supported by the County's stormwater control and maintenance programs. The benefits of a clean environment also translate to monetary benefits such as reduced water rates and reduced public monies spent on emergencies related to flooding and other damage.
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Rates and Charge Structure
How is the WQPC calculated?
The charge is based on the average amount of square feet of roof, sidewalk, and driveway for a single-family dwelling. The average amount of impervious surface has been calculated to be 2,406 square feet, which is the Equivalent Residential Unit (ERU) or the base unit for calculating the WQPC. Impervious surfaces were determined by analyzing a statistically significant number of residential parcels in a geographic information system (GIS) available from Montgomery County and the Maryland-National Capital Park and Planning Commission.
- Single-family homes are billed as one ERU.
- Townhomes are billed as one-third of an ERU.
- Condominium and apartment charges are calculated based on the amount of imperviousness and are billed as multiples of the ERU.
- Associated nonresidential structures are billed as multiples of the ERU. For example, if a restaurant has 24,060 square feet of imperviousness, the property owner is billed for 10 ERU.
- Commercial and other land use classes that have on-site facilities that do not drain to residential facilities do not pay the charge but are required to maintain their own structures.
What is the rate set for the WQPC?
As of July 2012, the rate is $92.60 per Equivalent Residential Unit (ERU)—the base unit for calculating the WQPC. This means that single-family homeowners pay a flat rate of $92.60 and townhome owners pay a flat rate of $30.56. The County Council sets the rate of the WQPC annually. A public hearing is held each year before the Council sets the rate.
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Tax-related Questions
Why is the stormwater management program not funded by tax revenues?
In the past stormwater management was funded by tax revenues. However, the WQPC is fairer than a stormwater tax because it is based on the assessed impervious surface coverage of the real property. The charge is proportional to the property's actual contribution to stormwater runoff. Each property contributes a fair and equitable share toward the overall cost of the stormwater maintenance program.
Do tax-exempt properties (if they are considered associated nonresidential properties) have to pay?
Yes, because the WQPC is a charge, not a property tax. Property taxes are based on the assessed value of the property. The WQPC is assessed based on the impervious surface cover of the property, which contributes to the amount of stormwater runoff from the property.
Is the Water Quality Protection Charge deductible from my federal income tax?
No. The WQPC may not be deducted from federal or state income taxes.
Which properties are exempt from the WQPC?
- state properties
(An exemption is provided to state properties under Maryland state law.)
- County-owned properties
- Public roads
- Nonresidential properties that do not drain to residential stormwater controls
- Cities of Takoma Park and Rockville
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Who Pays?
Residential Properties and Associated Nonresidential Properties
The charge is paid by all residential property owners and any associated nonresidential property owners. An associated nonresidential property is any nonresidential property from which stormwater drains into a stormwater management facility that primarily serves one or more residential properties. Some examples of associated nonresidential properties are:
- A restaurant with a parking lot that drains into a neighborhood stormwater pond
- A church parking lot that drains into a neighborhood pond
- A private school that has sidewalks, parking lots, and outbuildings draining to a residential pond or other type of stormwater management structure
Note: Associated nonresidential properties that drain to a stormwater management facility that drains only nonresidential properties do not pay the WQPC. For example, if your restaurant drains to a stormwater management facility that primarily drains residential properties, you are charged the WQPC. If another restaurant a half-mile away drains to a stormwater management facility that drains only nonresidential properties, it does not pay the charge.
Do I have to pay for any undeveloped properties that I own?
No, because no impervious area is associated with your property.
Do I have to pay for any unoccupied developed properties that I own?
Yes, because that property contains impervious area.
I own a farm. Why is my agricultural property (if it is an associated nonresidential property) being assessed this charge?
Farmhouses are treated as residential properties. You are being charged based on the impervious area of your farmhouse, driveway, etc., not your whole property area. Cropland and pastureland are not charged.
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Payment Process
What happens if I don't pay or I pay late?
Interest on the overdue payment accrues according to the same schedule and at the same rate charged for delinquent real property taxes until the owner has remitted the outstanding payment and interest. An unpaid WQPC is subject to all penalties and remedies that apply to unpaid real property taxes. If the unpaid charge becomes a lien against the property, the lien has the same priority as a lien imposed for nonpayment of real property taxes.
Can I appeal the charge?
If a property owner believes that the WQPC has been assigned or calculated incorrectly, the property owner may petition the Director of DEP for an adjustment by submitting a written request, using the appeal form, to the Department of Environmental Protection. The appeal must be submitted not later than September 30 of the year that payment of the charge is due. The property owner must provide (1) a detailed statement of the basis for the petition and (2) documents supporting the assertion that the property should be assigned a different classification; or that the impervious area measurements used to calculate the equivalent residential units for the property are incorrect; or that the property is not subject the WQPC under the applicable law.
Download a copy of the appeal form (PDF, 65K).
Within 60 days after receiving the petition, the Director will review the WQPC assigned to the property and make a written determination of whether the property owner's request for an adjustment of the charge should be granted or denied.
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