HOA stormwater ponds: maintenance agreements

Last checked: October 20, 2026 against the source documents. Based on: CGP sections 4.3.B-D and 5.1.D; SC Reg. 72-307.C(10) and 72-308; Greenville County HOA maintenance agreement form (Rev. 2.21.20), items 1-11; Upstate county and city codes, forms and design manuals (see "By county" below); SCDES “Where to Apply” list.

If your neighborhood has a detention or retention pond, a bioretention cell, or a similar “stormwater management facility”, there may be a recorded maintenance agreement that binds the HOA. This page describes what the permit and several Upstate counties' and cities' codes and agreement forms say. Your own recorded agreement controls, so read it.

Where the requirement comes from

For projects under the construction permit, “The Department requires inclusion of a Permanent Stormwater Management Maintenance Agreement and a Maintenance Plan to ensure proper operation.” [CGP 4.3.B, p.56] The agreement must include a “Signed notarized agreement from the responsible party(ies) or individual(s) accepting ownership and maintenance” of each permanent stormwater control, and the statement that “The Department and/or local permitting authority must be notified in writing of any changes in maintenance responsibility for the stormwater devices at the site”. [CGP 4.3.C, pp.56-57] When the responsible party has changed from what was originally approved, a revised maintenance agreement must be submitted with the NOT. [CGP 5.1.D, p.58]

State regulation says “The person responsible for maintenance shall perform or cause to be performed preventive maintenance of all completed stormwater management practices to ensure proper functioning.” [REG 72-308.B, p.25] It also says “A clear statement of defined maintenance responsibility shall be established during the plan review and approval process.” [REG 72-307.C(10), p.21]

The permit lists “Typical maintenance items” for maintenance plans, “include but not limited to”: [CGP 4.3.D.III, p.57]

Grass to be mowed
Trees to be removed from within the pond and on the embankment
Trash and sediment to be removed from inside of and around the pond outlet structure
Orifices to be cleaned and unclogged
Outlet pipe to be cleaned, inspected, and repaired
Sediment accumulation to be removed from the pond
Pond bottom to be regraded to drain toward the outlet discharge point
Energy dissipaters to be cleaned and repaired
Emergency spillway, if applicable, to be inspected and repaired
Erosion on side slopes, if present, to be addressed

Greenville County: what the HOA agreement form says

Greenville County's Residential Stormwater Management Facility Maintenance Agreement, Homeowners Association (H.O.A.) form (Rev. 2.21.20) [GVL] includes these terms. Older or customized recorded agreements may differ. Unconfirmed, verify with Greenville County Land Development, (864) 467-4610: whether maintenance agreements recorded before the Rev. 2.21.20 form use different inspection or report terms.

Annual inspection report (item 3): “The Landowner, its heirs, successors and assigns, shall inspect the storm water management facility and submit an inspection report annually.” “The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report.” The agreement says it binds successors “including any homeowners association”. [GVL items 3, 11, pp.2-3]
Adequate maintenance (item 2): “Adequate maintenance is herein defined as good working condition so that these facilities are performing their design function.” This covers “all pipes, channels or other conveyances built to convey storm water to the facility” as well as structures, improvements, and vegetation. [GVL item 2, p.2]
Long Term Maintenance Plan (items 2, 6): a plan “containing an inspection schedule and maintenance checklist” for all facilities. [GVL item 2, p.2] “In the event a maintenance schedule for the storm water management facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed.” [GVL item 6, p.2]
Escrow (item 9): the landowner “shall establish an escrow account” in the amount of $1,000 “per SW facility/pond” (printed on the form as “$1.000.00”), “supplemented annually with a sinking fund from homeowner association dues or Landowner payments in accordance with an anticipated maintenance schedule”. [GVL item 9, p.3]
County access (item 4): the County may enter and inspect “whenever the County deems necessary”, to follow up on reported deficiencies or respond to citizen complaints, and will provide “copies of the inspection findings and a directive to commence with the repairs if necessary”. [GVL item 4, p.2]
If maintenance isn't done (items 5, 7): the County “with due notice, may enter upon the property and take whatever steps necessary to correct deficiencies” and charge the cost. [GVL item 5, p.2] The landowner “shall reimburse the County upon demand, within thirty (30) days”. “If not paid within the prescribed time period, the County shall secure a lien against the real property in the amount of such costs and may be placed on the ad valorem tax bill”. [GVL item 7, p.2] The County “is under no obligation to routinely maintain or repair said facilities”. [GVL item 5, p.2]
Indemnity (item 10): the landowner “indemnifies and holds harmless the County” for claims arising from the facilities, and must defend such suits at its own expense. [GVL item 10, p.3]
No HOA: “In the absence of a homeowner's or property owner's association, all owners of property which is designed to drain to a particular storm water management facility in any phase of development shall be equally responsible for inspection, maintenance, and repair of that storm water management facility to which their lot is designed to drain.” [GVL items 2, 11, pp.2-3]
Recorded, runs with the land (item 11): the agreement “shall be recorded in the Greenville County Register of Deed's Office, and shall constitute a covenant running with the land”. [GVL item 11, p.3]

Greenville County ordinance (deadline): the County Code says the responsible parties “shall submit an annual report of these activities to the County by January 31 of each year for the prior calendar year and shall keep copies of those inspections on record for future verification by the County for a period of at least five years.” [GVLC Sec. 8-84] It also says they “shall inspect them at the frequencies listed in the maintenance agreement, SWPPP, or the Stormwater Management Design Manual (whichever applies)”. [GVLC Sec. 8-82(i)]

Unconfirmed, verify with Greenville County Land Development, (864) 467-4610: who may perform and sign the annual pond inspection report, whether a particular certification (for example, Clemson's Post-Construction BMP Inspector program) is required, whether there is a required report form, and how to submit it. Neither the County form nor Sec. 8-84 says.

By county: other Upstate counties and cities

Last checked: October 20, 2026 against the source documents listed below. Based on: county and city codes, official agreement forms, design manuals, and the SCDES “Where to Apply” list.

Which office reviews a neighborhood's stormwater plans depends on where the land is. SCDES keeps a list of the local programs that review plans. Where a place has no local reviewer on that list, SCDES reviews plans itself. That includes some towns inside counties that do have a program: for example, the list sends Pickens County “Incorporated Areas not listed” to SCDES. The list shows Spartanburg County only as “(Forthcoming)”. [WTA] Being the plan reviewer is not the same as being a regulated MS4 (a city or county permitted for its own storm drain system). Both are noted below. This section describes what each place's code or form says. It is general information, not advice about any particular pond. Your own recorded agreement controls: check your maintenance agreement and your MS4.

Unconfirmed, verify with SCDES Bureau of Water Stormwater Permitting, (803) 898-4300: the only official list of regulated small MS4s we found is dated July 2007 [MS4L]. Current designations may differ.

Quick comparison

Where	Annual owner report?	Due date	Signer named in the code or form	Official form
Greenville County (above)	Yes [GVLC 8-84]	January 31	Unconfirmed	HOA agreement
Simpsonville, Mauldin	Unconfirmed (Greenville County program)	Unconfirmed	Unconfirmed	Unconfirmed
Greer	Yes [GRR 90-393]	Not stated in code	Professional engineer	Not found
Clemson	Annual registration; report Unconfirmed	Unconfirmed	Unconfirmed	Not found
Spartanburg County	None found	–	Unconfirmed	Agreement
Anderson County	None found (keep on file)	–	Form lists PE, RLA, or CEPSCI inspector	Appendix F
Pickens County	None found	–	Unconfirmed	Agreement
City of Greenville	Unconfirmed	Unconfirmed	Unconfirmed	Not found
City of Spartanburg	None found	–	Unconfirmed	Not found
City of Anderson	None found	–	Unconfirmed	Not found
Easley	None found (keep records 3 years)	–	Unconfirmed	Not found
Oconee, Laurens, Cherokee, Union, Greenwood, Abbeville (SCDES reviews)	None found	–	Unconfirmed	SCDES agreement

“None found” means we did not find an owner report requirement in the code or form we read. It does not mean none exists. “Unconfirmed” means: verify with the office listed in that place's section below. The signer column reports what a document says; it is not advice on who must inspect or sign for your pond. Check your maintenance agreement and your MS4.

Spartanburg County

Agreement: before a land disturbance permit, the owner “shall execute a legal document entitled ‘Stormwater Management Facility Ownership and Maintenance Agreement’” and “shall record the covenants in the office of the Spartanburg County Register of Deeds.” [SPGC 30-166(b)] Facilities are “privately owned and maintained unless Spartanburg County accepts the facility for shared county maintenance.” [SPGC 30-166(a)] The County may hire out repairs and file a lien if the owner does not maintain the facility. [SPGC 30-166(f)]

Inspections: the agreement form says “Spartanburg County recommends that Landowner regularly conduct a reasonably prudent inspection of the Facilities”, and that failing to maintain them “may result in fines up to $500.00 per day, per violation”. [SPGA] The code says inspection schedules “are to be provided in the stormwater management design manual” [SPGC 30-167(2)]. We found no after-construction pond schedule in the 2009 Design Manual. [SPGDM]

MS4: the County's manual says it “is required to obtain a NPDES MS4 Permit”. [SPGDM 1.3.1.5] Contact: Spartanburg County Storm Water, (864) 595-5349. [SPGW]

Unconfirmed, verify with Spartanburg County Storm Water, (864) 595-5349: who reviews plans (SCDES’s Where to Apply list shows Spartanburg County as “(Forthcoming)”), whether HOAs must send inspection reports, who may perform them, and how long records must be kept.

Anderson County

Agreement: the person or group responsible “shall execute a permanent Stormwater Management maintenance agreement”. The agreement must name who pays for maintenance, with options that include “a homeowner's association, provided that provisions for financing necessary permanent maintenance are included in deed restrictions or other contractual agreements”. [ANDC 24-844(b), p.17] The County's Appendix F agreement is notarized and warns of “fines of up to $1,000.00 per day, per violation”. [ANDF p.2]

Inspections: the agreement says the County and SCDES “recommend that The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility regularly.” [ANDF p.2] The attached inspection form says each inspection “must be completed and kept in the permanent site record or log. Anderson County may request these records at any time.” [ANDF p.3] Its signature block lists “Inspector Classification: PE RLA CEPSCI Stormwater Inspector”, with a seal and registration number. [ANDF p.4] The County's design sheet for wet detention basins (WQ-02) says to “perform inspections once a quarter and after every storm event greater than 1.0 inch for the first year, and annually thereafter.” That is a design standard. Whether it applies to a particular pond depends on that pond's approved plan and agreement. [ANDWQ2 p.12] The County, as an “SMS4”, inspects each site “at least one time during the permit term.” [ANDC 24-844(d), p.17]

Contact: Anderson County Stormwater, (864) 716-3620. [ANDW]

Unconfirmed, verify with Anderson County Stormwater, (864) 716-3620: whether the agreement is recorded (the inspection form has a “Recorded book & page #” blank), whether inspection forms must be sent in or only kept, and how long to keep them.

Pickens County

Responsibility: facilities “shall be maintained by the owner during and after site development.” County staff “will conduct periodic inspections of all stormwater management facilities at a minimum of once per 5 year period.” [PKO §6(a), p.18] After written notice, the owner has “fifteen (15) working days” to fix problems before the County may act and place a lien. [PKO §6(b), p.18]

Inspections: “The responsible person, in accordance with the approved inspection and maintenance agreement, shall inspect a stormwater management facility or practice on a periodic basis.” [PKO §7, p.18] The County's agreement form “recommends” inspecting “regularly”. [PKA] Contact: Pickens County Office of Stormwater Management, (864) 898-5789. [PKW]

Unconfirmed, verify with Pickens County Office of Stormwater Management, (864) 898-5789: whether the agreement is recorded, whether HOAs must send reports, who may inspect, and how long to keep records.

Oconee, Laurens, Cherokee, Union, Greenwood, and Abbeville Counties

For each of these counties, the SCDES list names “SCDES – Bureau of Water” (Stormwater Permitting, (803) 898-4300) as the plan reviewer. (The Laurens County part of Fountain Inn is reviewed by Greenville County.) [WTA] The statewide rules at the top of this page apply. SCDES's own agreement form says SCDES “recommends that The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility regularly.” [DESF] The 2007 list includes Laurens and Cherokee Counties as regulated small MS4s. The other four are not on it. [MS4L]

Unconfirmed, verify with SCDES Bureau of Water, (803) 898-4300, and the county planning office: whether any of these counties has its own HOA pond rule, whether the SCDES form above is the one used for Upstate sites (it is worded for SCDES's coastal bureau), and the current MS4 status of Laurens and Cherokee Counties. Oconee County Planning & Zoning: (864) 638-4218.

City of Greenville

The City's policy says “Routine inspection and maintenance of structural SCMs on private property (residential or commercial) is the responsibility of the property owner, Home Owners Association (HOA), or business. The schedule or frequency for routine inspections and maintenance of SCMs is set forth in the recorded maintenance agreement.” The City reviews the agreement “prior to being executed and recorded.” [GVEOS p.6] The City runs its program “Through the MS4 general permit”. Contact: Engineering, (864) 467-4400. [GVCW]

Unconfirmed, verify with City of Greenville Engineering, (864) 467-4400: whether an annual owner report is required, its due date, who may sign it, any required form, and record retention. We did not read the City's Development Code or its Design & Specifications Manual.

Simpsonville and Mauldin

Both cities are co-permittees with Greenville County on one MS4 permit. [MS4P p.1] SCDES lists Greenville County Land Development, (864) 467-4610, as the plan reviewer for both. [WTA]

Unconfirmed, verify with Greenville County Land Development, (864) 467-4610: whether the County's January 31 annual report and five-year record rule (described above) apply to HOA ponds inside Simpsonville and Mauldin city limits.

Greer

Annual engineer inspection: “Annually, the pond and its associated structures shall be inspected and certified by a professional engineer. The annual inspection report shall be submitted to the city stormwater department at 301 East Poinsett Street, Greer, SC 29651.” “Pictures depicting the current condition should be included in each inspection report.” [GRR 90-393(6)] Water quality devices have the same annual engineer certification. [GRR 90-394(3)]

Routine items: “Mowing shall be completed at least three times per year.” “Trash rack units shall be checked quarterly and additionally after heavy rainfall events.” [GRR 90-393(3), (5)]

HOA responsibility: “once a homeowners' association is organized and becomes active for a residential area served by a stormwater management system and/or water quality device, the homeowners' association shall also be responsible for the maintenance and repair”. If there is no active HOA, the owners of all property served are responsible. [GRR 90-14(b)] “A perpetual maintenance agreement, approved by the city engineer ... shall be executed by the city and the applicant.” [GRR 90-369(b)]

Contact: City of Greer stormwater office, (864) 801-2026. SCDES lists the same number for the City's Building and Development Standards. [GRR Ch. 90; WTA]

Unconfirmed, verify with City of Greer, (864) 801-2026: the due date for the annual report (the code does not give one), whether there is a report form, how long to keep records, and where to find the City's maintenance agreement form.

Clemson

Agreement: the owner “shall execute a legal document entitled ‘Stormwater Management Facility Ownership, Operations and Maintenance Agreement’” and “shall record the covenants in the appropriate office of the register of deeds.” [CLMC 11-212] For an HOA, the agreement “must also identify a source of funding to support future required maintenance and upkeep activities, and a responsible party.” [CLMDM 3.8.2]

Inspections and registration: “The City of Clemson requires all permanent stormwater management facilities to be registered annually.” [CLMDM 3.8.1] Facilities “shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement,” and responsible parties “shall provide records of all maintenance, repairs, and as-built plans to the City.” [CLMDM 3.8.2] The manual says Clemson is a small MS4 and “the sole operator of the storm sewer system”. [CLMDM §1] Contact: City of Clemson Stormwater (Permitting and Compliance Information), (864) 653-2071. [CLMW]

Unconfirmed, verify with City of Clemson Stormwater, (864) 653-2071: what annual registration involves, whether an inspection report is due and when, who may sign it, and how long to keep records. Also who reviews plans in Clemson: the City's manual describes City plan review, but SCDES's Where to Apply list does not name Clemson, and it sends Pickens County incorporated areas that are not listed to SCDES.

City of Spartanburg

The City's ordinance (reprinted in its Stormwater Management Plan) says that before a land disturbance permit the owner “shall execute a legal document entitled ‘Storm Water Management Facility Ownership and Maintenance Agreement’” and “shall record the Covenants in the Office of the Spartanburg County Register of Deeds.” [SPGCITY Sec. 3.6(a), p.95] The City will inspect each covered site “at least one time during the permit term.” [SPGCITY 4.2.5.6.1, p.39] The plan says it was “Prepared in accordance with SCDHEC Permit #SCR030000” (the small MS4 permit). [SPGCITY p.1]

Contact: City of Spartanburg Public Works (Stormwater Management Division), (864) 596-3690. [SPGCW]

Unconfirmed, verify with City of Spartanburg Public Works, (864) 596-3690: who reviews plans inside the City (SCDES's list shows Spartanburg County only as “(Forthcoming)” and does not list the City), owner inspection frequency, any report requirement, who may sign it, record retention, and the agreement form.

City of Anderson

The City's ordinance says the owner “shall execute a legal document entitled ‘Covenants for Permanent Maintenance of Stormwater Systems’” and “shall record the Covenants in the Office of the Register of Deeds for Anderson County.” [ANDCITY Sec. 3.6(a), p.13] The City's 2013 Land Development Regulations point to the DHEC BMP Handbook for “Required and recommended schedules for BMP maintenance and inspection”. [ANDLDR 6.0.b, p.5] Contact: Public Works Division, Stormwater Department, (864) 231-2246. [ANDPOND]

Unconfirmed, verify with City of Anderson Stormwater, (864) 231-2246: whether these documents are still current under the City's newer Unified Development Ordinance, and whether any owner report is required.

Easley

“Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation of the stormwater facility, and of all maintenance and repairs to the facility, and shall retain the records for at least three years.” “A permanent BMP maintenance agreement must be signed for each permanent BMP on site and submitted to the City of Easley's SWMD before permit is issued.” [EAS 52.070] The City may set up inspection programs that include “reviewing maintenance and repair records”, and its code refers to “the City of Easley's NPDES MS4 stormwater permit”. [EAS 52.082] Contact: City of Easley Planning and Development, (864) 855-7908, per SCDES. [WTA]

Unconfirmed, verify with City of Easley, (864) 855-7908: owner inspection frequency, any report requirement, who may sign it, and whether the agreement is recorded.

General checklist for HOA boards (not site-specific advice)

Get a copy of your recorded maintenance agreement and its Exhibit A location map. The Greenville form asks the Register of Deeds to index it by property owner, development company, and subdivision name. [GVL p.4]
Count the facilities it covers. On the Greenville form, the $1,000 escrow is “per SW facility/pond”. [GVL item 9, p.3]
Find the Long Term Maintenance Plan and any maintenance or sediment-removal schedule on the approved plans. [GVL items 2, 6, p.2]
Ask your county who may perform and sign the annual inspection, and what report it expects (see the note above). Clemson publishes a list of people who completed its Post-Construction BMP Inspector program. Clemson says that certification “does not constitute a professional engineering license, regulatory certification, legal authority to enforce laws or issue permits, or authorization to practice any regulated profession”. [BMPP]
Plan the budget for repairs and the annual sinking-fund contribution. [GVL item 9, p.3]
If maintenance responsibility changes (for example, from the developer to the HOA), check your agreement and ask the County or SCDES what written notice they need. The permit requires the agreement to say that SCDES and/or the local permitting authority “must be notified in writing” of such changes. [CGP 4.3.C.III, pp.56-57]

Sources for this page

Citations like “CGP 4.2.B, p.53” mean section 4.2.B of the permit, on page 53 of the PDF. Last checked October 20, 2026. Where we quote, the quote is copied from the source; where we summarize, read the quoted section before relying on it.