About the Water Quality Protection Charge

What is the Water Quality Protection Charge?

The Water Quality Protection Charge (WQPC) is a line item on Montgomery County property tax bills. Property owners receive the WQPC with their annual property tax bill in mid-summer.

What does the WQPC Fund?

The WQPC funds many of the County’s clean water initiatives including:

• Restoration of polluted and eroded streams
• Storm drain cleaning and maintenance
• Water quality and wildlife habitat protection
• Stream monitoring
• Litter control programs
• Stormwater facility maintenance
• Upgrades to stormwater ponds
• Rebates on installation of stormwater management systems (RainScapes program) 

Who Pays the WQPC?

All property owners in Montgomery County pay the WQPC. Applicable state law only exempts property that is owned by a local government, a volunteer fire department, or by the state government (see Section 4-202-1 (e) (2) of the Environment Article of the Maryland Code). All other property, whether residential or nonresidential, is subject to the Charge under Section 19-35 of the County Code.

How Can I See My WQPC Bill?

View your WQPC calculation online. You may also see the charge at the Online Property Tax Bill web site.

Why does the County have the WQPC?

As the County has become more developed, we’ve replaced our natural landscapes with asphalt, concrete, buildings and roadways. Before development, when it rained or snowed, the resulting water would be naturally absorbed into the soil or flow over the ground to a nearby stream. Development has disrupted this natural cycle of water flow.

Paved surfaces are impermeable (not allowing water to pass through), so any rainwater now has to flow over surfaces and into storm drains. Large amounts water flows over the surface, picking up trash, oils and other pollutants. We call this phenomenon stormwater runoff. 

Most stormwater runoff flows through nearby storm drains directly to our local streams. Fast moving stormwater picks up sediment and pollution that damage healthy streams, and threaten private property, with toppled trees, eroded banks and polluted waters. This causes stormwater pollution. 

Further, many sewer lines have been exposed by erosion and in need of frequent, costly repairs. Stormwater has been extremely damaging to the health of streams, rivers and the Chesapeake Bay.

The WQPC funds projects to repair damage to our streams and infrastructure and reduce the future effects of stormwater runoff. Effective stormwater management is a positive benefit to all who live and work in the County.

What's New with the WQPC?

Each tax year, the County determines the Rate of an ERU. This year's rate is $126.00.

What is the History of the WQPC?

The Early Years
In 2002, the Montgomery County Department of Environmental Protection (DEP) along with citizens, work groups, and the County Council, developed the Water Quality Protection Charge to fund the maintenance of stormwater management facilities and alleviate the dangerous impacts of stormwater pollution.

From 2003-2012, all residential properties and approximately 40% of nonresidential properties including non-profit organizations, places of worship and private schools paid the WQPC.

Montgomery County Permits

Montgomery County is responsible to both the state of Maryland and the federal Environmental Protection Agency (EPA) to meet water quality standards. The EPA’s National Pollutant Discharge Elimination System (NPDES) stormwater regulations require large urban jurisdictions, such as Montgomery County, to control stormwater pollution.

The Maryland Department of Environment began issuing NPDES municipal stormwater permits in 1993 and updates them every 5 years. In 2010, Montgomery County was issued its latest permit which required a large increase in the amount of stormwater treated.

Accordingly, the WQPC has been expanded to fund the new permit requirements. This includes initiatives such as stream restoration projects, stormwater pond retrofits, stream monitoring, low impact development (LID) techniques, storm drains, and outreach and education.

2013 and Beyond

In order to meet the requirements of the NPDES permit and to comply with the new State Law (Section 4-202-1 of the Environment Article of the Maryland Code), Montgomery County expanded the WQPC to include all property owners in the County. Further, the WQPC was changed for residential properties from a flat rate to an equitable system based on how much impervious area is on the property.

Why is My Gravel Driveway Counted as Impervious?

The Department follows the definitions included in the  Stormwater Design Manual published by the Maryland Department of the Environment when determining what constitutes an impervious surface. According to the Design Manual, brick surfaces are impervious and gravel surfaces used by vehicles or heavy machinery are also impervious.

View the page of the Stormwater Design Manual on driveway and road imperviousness. CONTENT (PDF, 36KB)

The Manual relies on studies showing that gravel and dirt areas used for vehicle access or parking have diminished moisture holding capacity and display drainage characteristics similar to asphalt or concrete. Compaction of the gravel, and the soil underneath it, significantly reduces its permeability compared to natural permeable surfaces. Therefore, even though the gravel would seem to be pervious, it actually becomes impervious.

How Does the County Calculate My Property’s Impervious Surface Area?

Impervious surface data was gathered from imagery through geographic information systems (GIS) available from Montgomery County and the Maryland-National Capital Park and Planning Commission. View an aerial image of your property that was used to determine your Charge.

What Counts as Impervious Surface Area?

Impervious areas are any surfaces which don’t allow rainwater or melting snow to be absorbed into the ground. The impervious surfaces of your property used to calculate the WQPC include:

Is My Pool Included as an Impervious Surface?

Montgomery County does not include the area of the pool containing water in the WQPC calculations. Only the paved area around the pool, such as the patio, would be included in the WQPC.

I Have Permeable Pavement for My Driveway but that Area was Still Included in My WQPC. Why?

Stormwater treatment devices such as permeable pavement and risers are included as part of impervious surfaces because they were developed land. However, property owners can use them to apply for credit (or reduction) off the WQPC.

How is the Water Quality Protection Charge Determined?

The WQPC is determined based on two factors: what type of property you own and how much impervious surface area is on your property.

The types of properties are:

• Single family homes, including detached houses and townhomes
• Multifamily residences, including condos
• Nonresidential properties, including businesses, office buildings and religious institutions
• Agricultural properties
• Properties owned by 501(c)(3) organizations

My Block Doesn’t Have Storm Drains. Why Should I Pay the WQPC?

Water does not need to flow through storm drains to become stormwater pollution. Rainwater can pick up trash, pollutants and oils while flowing over driveways and other paved surfaces and then flow directly into streams. Furthermore, development and paved surfaces prevents water from being naturally absorbed into the ground, creating large amounts of runoff that flow quickly into our streams causing erosion and flood conditions. Stormwater is a major problem in urban and suburban parts of the County and can be also seen in rural areas too.

What is the Basis for the WQPC?

Before calculating how much each property owner is charged, the County first determined how much impervious surface is on a typical property in Montgomery County. This number is called the Equivalent Residential Unit (ERU). Property owners would be charged based on how much more or less impervious space they have compared to the ERU.

1 ERU = 2,406 square feet of impervious surface

Each tax year, the County Council sets how much each ERU will cost. This number is called the Rate.

This Tax Year, the Rate is $126.00.
1 ERU = 2,406 square feet = $126.00

To see how, your WQPC is calculated, go to the Rates and Calculation page.

In the event of drought, or situation where there is little rainfall, is the WQPC still charged?

The environmental problems caused by stormwater runoff and pollution have been decades in the making. The damage caused by this year's runoff compounds upon the pollution and erosion from previous years. Yes, rainfall does vary from year to year, but the overall damage from years of pollution has to be mitigated overall.

The fee does not go up in wet years and it does not go down in dry years. Droughts or rainfall deficiencies do not change the levels of pollution on our waters from past rainfall or the next rainfall. That is one more reason why it's inaccurate to call it a “rain tax.” It is a fee for restoring our watershed and protecting it from that pollution in the future.

Are There Any Changes to the WQPC this Year?

The Size of the Credit Program Increased: Those who install stormwater management practices on their properties are now eligible for up to 80% in charge reduction if they apply for the Credit Program. To have received this credit in 2016, you must have applied for the credit by September 2016. Credits will be larger than previously estimated, and the new, larger credit will be automatically applied on your tax bill.

• Residential and Agricultural Property Credit Program
• Multi-Family and Non-Residential Credit Program
• Nonprofit Organizations Credit Programs

I Own Multiple Properties. Can I Combine the Properties Together for the Purposing of Calculating the WQPC?

Yes. Property owners can apply for combining contiguous (no separation such as a road between properties) single-owner property accounts into one. Petition the Director of the Department of Environmental Protection for an adjustment by submitting a written request as an appeal.

If the property spans multiple tax accounts, you can appeal to have the separate accounts combined into one for the purposes of calculating the WQPC. 

Learn about the appeals process for combining properties:

• Residential and Agricultural Properties
• Multi-Family and Non-Residential Properties
• Nonprofit Properties 

What Qualifies as a Detached House  or a Townhome?

• A detached home is a free-standing residence that does not share a wall with another property.
• A townhome, also known as a rowhouse or attached house, is a semi-detached property that shares at least one wall with another property.

Condos and agricultural properties have their own charge structure.

How is the WQPC Calculated for Detached Houses?

Detached homeowners are put into tiers based on the amount of impervious surface on the property. The tiers are:

View an example of how to calculate a single- family (detached) house WQPC. 

How is the WQPC Calculated for Townhomes?

Townhomes are put into the same tiers as detached homes (see the above table). 

 A major difference between townhomes and detached homes is that townhomes share a lot of their impervious surfaces with their neighbors. A townhome may have shared parking lots, walkways, and recreational areas, in addition to, the roofs being connected. It can be difficult to define property lines.

In order to calculate each townhome’s WQPC, the County combines the square footage of all the shared impervious areas and then divides it by the number of property owners. On top of the resulting number, you would add any private impervious areas, such as a private patio or basketball court.

Once you have the final impervious area for each townhome, compare it to the tier chart above to figure out the charge.

View an example of how to calculate a townhome WQPC.

My Property Lines Were Not Drawn Correctly and Include Some of My Neighbor’s Property. What Should I Do About This?

For most residential properties, small amounts of your neighbor’s property have no effect on your charge. Residential properties are placed into Tiers (as shown on the previous page), so as long as the property would remain in the same Tier, the addition of the neighbor’s land makes no difference to the final charge.

If the addition of the neighbor’s property moved you into a new Tier, then file an appeal. If there was a major error with the drawing of your property lines, file an appeal to have the data examined and corrected.

What Qualifies as a Multifamily Residential Property?

A multifamily residential property (also known as a condo) is any housing unit that is subject to the condominium regime established under the Maryland Condominium Act. Multiple residences share a common entrance and they can be arranged above, below or next to one another in the same building.

How is the WQPC Calculated for Multifamily Residential Properties?

To calculate the WQPC for each condo owner within a multifamily residential property, follow these steps:

• Determine the total impervious surface area for the entire property. This includes the parking area, private driveways, walking areas, patio, roof, etc.
• Determine the number of condos within the building.
• Divide the total impervious surface area for the property by the number of condos.

Add that number to this formula:

^_$126.00

All property owners in the multi-family residential property pay the same WQPC.

View an example of how to calculate a condo/ multi-family property WQPC.

My Neighbors have a Much Larger Condo.  How Come they Pay the Same WQPC as Me?

All property owners in the multi-family residential property pay the same WQPC. The amount of the WQPC is based on the impervious area of the entire property and not by individual unit. 

What Qualifies as a Non-residential Property?

There are several types of properties that classify as non-residential:

• Commercial properties such as office buildings, hotels, retail establishments or industrial properties such as factories and warehouses.
• Properties owned by homeowner associations, not-for-profit entities such as religious institutions, healthcare facilities, other developed properties devoted to non-governmental charitable and institutional uses, and any government-owned properties subject to the WQPC.
• Properties owned by 501(c)(3) organizations are NOT classified as nonresidential properties and have a separate WQPC structure.

How is the WQPC Calculated for Non-residential Properties?

Step 1: Determine the total impervious surface area of the property in square feet.

Step 2: Put the number  in the formula below to determine your WQPC:

^_$126.00

View an example of how to calculate a non-residential property WQPC.

My Business is One of Several Storefronts in a Mixed-Use Building. How is My WQPC Calculated?

Non-residential properties that share at least one wall with another property calculate their WQPC differently. They must follow these steps:

Step 1: Determine the amount of shared impervious areas for the property. This can include the shared roof, driveway or parking lots.

Step 2: Divide the total shared impervious areas by the number of units. This is your property’s portion of the shared impervious area.

Step 3: Determine any private impervious area for your property, such as a private patio.

Step 4: Add together your portion of the shared impervious area to the total amount of private area.

Step 5: Place number received in Step 4 to this formula:

^_$126.00

View an example of how to  calculate a non-residential property WQPC

What Qualifies as an Agricultural Property?

Agricultural properties are defined as:

•  A property that is used primarily for agriculture, viticulture, aquaculture, silviculture, horticulture, or livestock and equine activities;
• Temporary or seasonal outdoor activities that do not permanently alter the property's physical appearance and that do not diminish the property's rural character; or
• Activities that are intrinsically related to the ongoing agricultural enterprise on the property.

How is the WQPC Calculated for Agricultural Properties?

Determine the total impervious surface is on the property. This is the square footage of the building area of the residence. (Do not include any impervious surfaces related to the agricultural business.)

Agricultural properties are put into tiers based on the amount of impervious surface on the property. The tiers are:

View an example of how to calculate a agricultural property WQPC.

What Impervious Surfaces are Included for Agricultural Properties?

Agricultural properties are not charged for any impervious surfaces related to the business. They are only charged for impervious surfaces on any residential properties located on the land. This is limited to the building area.

What Qualifies as an 501(c)(3) Property?

To be calculated as a part of the 501(c)(3) charge structure, a property must be owned by a IRS designated 501(c)(3) nonprofit organization. Other types of nonprofits, such as recreational clubs or certain religious institutions, are not registered with the IRS as a 501(c)(3) organization, and therefore, would be charged based on the type of property (residential or nonresidential).

I Belong to a Church Group. Are we Classified as a Nonprofit?

Only organizations designated by the IRS as 501(c)(3) organizations are eligible to have their WQPC calculated at the nonprofit rate. All other nonprofit organizations and business are charged based on the type of property (residential or non-residential).

How is the WQPC Calculated for 501(c)(3) Nonprofits?

To calculate the charge for properties owned by 501(c)(3) nonprofits, follow these steps:

Step 1: Determine the total impervious surface area of the property in square feet.

Step 2: Put the number  in the formula below to determine your WQPC:

^_$126.00

Step 3: Compare the calculated WQPC from the formula above to the chart below. 501(c)(3) nonprofit organizations have a maximum on how much they will be charged. If your calculated WQPC from the formula above is more than the maximum for your tier, then you will only be charged the maximum.

View an example of how to calculate a nonprofit WQPC.

I Manage a 501(c)(3) Organization and Our Property is One of Several Storefronts in a Mixed-Use Building. How is My WQPC Calculated?

Nonprofit properties that share at least one wall with another property calculate their WQPC differently. They must follow these steps:

Step 1: Determine the amount of shared impervious areas for the property. This can include the shared roof, driveway or parking lots.

Step 2: Divide the total shared impervious areas by the number of units. This is your property’s portion of the shared impervious area.

Step 3: Determine any private impervious area for your property, such as a private patio.

Step 4: Add together your portion of the shared impervious area to the total amount of private area.

Step 5: Place number received in Step 4 to this formula:

^_$126.00

Step 6: Compare the calculated WQPC from the formula into the chart below. 501(c)(3) nonprofit organizations have a maximum on how much they will be charged. If your calculated WQPC from the formula above is more than the maximum for your tier, then you will only be charged the maximum.

I Believe my WQPC was Calculated Incorrectly. How Do I Appeal the Charge?

If a property owner believes that the Water Quality Protection Charge (WQPC) has been assigned or calculated incorrectly, the property owner may petition the Director of the Department of Environmental Protection for an adjustment by submitting a written request using the online appeals form .

Learn about the appeals process for combining properties:

• Residential and Agricultural Properties
• Multi-Family and Non-Residential Properties
• Nonprofit Properties 

When is the Deadline for Filing an Appeal to the WQPC?

Appeals must be submitted no later than September 30 of the year that the payment of the charge is due.

I Own Multiple Properties. Can I Combine the Properties Together for the Purposing of Calculating the WQPC?

Yes. Property owners can apply for combining contiguous (no separation such as a road between properties) single-owner property accounts into one. Petition the Director of the Department of Environmental Protection for an adjustment by submitting a written request, using the online appeals form.

If the property spans multiple tax accounts, you can appeal to have the separate accounts combined into one for the purposes of calculating the WQPC. 

Learn about the appeals process for combining properties:

• Residential and Agricultural Properties
• Multi-Family and Non-Residential Properties
• Nonprofit Properties 

What is a Hardship Reduction and Who Can Apply?

A hardship reduction is where a property owner has a reduced charge due to financial limitations. To qualify for an exemption, your household income must not exceed 170% of the Federal poverty level or you must be approved for benefits under the Maryland Energy Assistance Program for the current billing year.

The property owner may petition the Director of the Department of Environmental Protection for an adjustment by submitting a written request.  There are separate applications for residential properties and 501(c)(3) nonprofits.

• Apply online for a residential hardship reduction 
• Apply online for a 501(c)(3) nonprofit hardship reduction

Can 501(c)(3) Nonprofit Organizations Apply for a Hardship Reduction?

501(c)(3) nonprofit organizations can receive a partial reduction for the amount of the WQPC that exceeds 0.2% of the property’s total revenue.

When is the Deadline for Filing a Hardship Reduction to the WQPC?

Hardship reduction applications must be submitted by September 30 annually. 

In 2013, Montgomery County launched a Credit Program for the Water Quality Protection Charge to reward property owners who installed stormwater management practices on their property. The Credit Program provides up to 80% off their WQPC for installing practices that help alleviate stormwater runoff.

The amount of the credit is based on the type of stormwater management and the volume of water treated.

The goal of the credit program is to provide incentives to property owners for meeting stormwater standards which best mimic pre-developed conditions and controls and treats stormwater to the maximum extent practicable.

Properties can receive a credit up to 80% of their WQPC.

First, determine if you have a stormwater management practice on your property. There are many different kinds that range from small backyard practices, such as a rain garden, to large commercial building practices, such as underground storage. View a list of stormwater management practices.

If you do not currently have a stormwater management practice, consider installing one. Residential, institutional and commercial properties can take advantage of RainScapes Rebates to help fund the cost of installing stormwater practices.

If you already have a stormwater management practice, then fill out and submit an application. Visit the pages below to view the applications. To receive a credit, the stormwater management practice must meet the guidelines described at:

• Residential and Agricultural Property Credit Program
• Multi-Family and Non-Residential Credt Program
• Nonprofit Organizations Credit Program

To receive the Credit, a property owner must:

Credit applications must be submitted no later than September 30 of the year that the payment of the charge is due.

Detached homes and townhomes can apply by completing the Residential Credit Calculator online application. Download our Photo Help Guide (PDF, 252KB) for how to upload images and what we are looking for from the images.

Multi-family residential and non-residential properties can apply by completing the non-residential and multi-family credit online application.