Maintenance Agreement
All stormwater facilities not located on of public right-of-way will be maintained by the property owner where the BMP is located. Before MSD approves development plans, the property owner is required to execute a maintenance agreement with the District that ensures the private stormwater management facilities will be maintained. The stormwater facilities maintenance agreement is a “standard agreement” that is provided with each project. Once executed by the property owner and MSD, these maintenance agreements are recorded at the St. Louis County (or City) Recorder of Deeds office. An example executed maintenance agreement is available.
Developers are also responsible for providing all recording fees, which are typically paid by a check made payable to “Recorder of Deeds.” The recording fee is typically $36 or more (the exact amount depends on the number of pages recorded and is determined during the development review process). The owner-executed agreement and fee and should be sent to the MSD Engineering Department, c/o Development Review. MSD will deliver the agreement and the fee to the Recorder of Deeds office.
Most maintenance agreements are accompanied by an exhibit showing the location of the BMP. A checklist of items to be provided on the maintenance agreement exhibit is also available.