The water quality protection charge will help provide funds for maintenance of stormwater facilities by Montgomery County Government. Those owners of stormwater maintenance facilities who would like the county to begin performing routine cleaning, etc., must, among other steps, arrange any necessary easements and/or covenants allowing County officials access to the property and stormwater facility. There are seven steps for recording these necessary easements and covenants. Once these steps have been completed, the County Government becomes the only entity responsible for structural maintenance of the facility.  However, the property owner will still be responsible for the non-structural maintenance of the surroundings of the facility (e.g. trash removal, landscaping, grass cutting, etc.).

Steps for Recording Easements and Covenants

  1.  Applicants must complete, sign, have notarized, and submit to DEP all of the appropriate transaction instrument(s), such as grants of easement, declaration of covenants, or covenant amendments. Also, a copy of the original deed (that shows transfer from the developer to the property owner) for the parcel and the most recent tax bill must be included with the initial submission.

  2.  DEP reviews and sends submitted instrument(s) to County Attorney for certification.

  3.  County Attorney returns instrument(s) to DEP for submission to Chief Administrative Officer.

  4.  After execution by Chief Administrative Officer, DEP returns fully executed instrument(s) to applicant for recordation.

  5.  Applicant records instrument(s) in County Land Records.

  6.  Applicant obtains certified copy of recorded instrument(s) from County Land Records and submits the same to DEP.

  7.  Once DEP receives the certified copy of the recorded instrument(s), the County becomes the only entity responsible for structural maintenance of the stormwater management facility.

New Easement & Covenant Documents

When you need to record new stormwater easements and covenants for the stormwater facility, the County can provide you with a standard Grant of Stormwater Management Easement and Right of Way and Declaration of Covenants documents. It is advisable to obtain the assistance of an attorney to complete these documents and complete the transfer process. Stormwater easements and covenants became part of the permitting process during the early 1980's. If your stormwater management structure was constructed before that time, you most likely do not have stormwater easements and covenants. 

Grant of Stormwater Management Easement and Right of Way

Declaration of Covenants

Amending Covenant Documents

Use the County's standard Amendment of Declaration of Covenants Inspection/Maintenance of Stormwater Management Facility document to amend existing stormwater covenants. It is advisable to obtain the assistance of an attorney to complete these documents and complete the transfer process.

Amendment of Declaration of Covenants Document

Covenant Amendment Without Prior Easement

When a covenant was recorded, but for unknown reasons an accompanying easement document was not recorded, the County has a document to amend the Declaration of Covenants. This is an unusual situation and an attorney could be helpful to ensure the correct documents are recorded.

Special Amendment of Declaration of Covenants Document