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Building Official Determination 17-01: Shared Stormwater Facilities

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Building Code Guides (BCGs) and Building Official Determinations (BODs) provide answers about the application of building codes and outline optional alternates. BODs are typically smaller in scope and address simpler questions. Code Guides provide a comprehensive alternative to a complicated set of code requirements.

BOD 17-01: Shared Stormwater Facilities  

QUESTION: Can one or more lots share stormwater facilities?

RESPONSE: The Oregon Plumbing Specialty Code (OPSC) Chapter 3, states that no drainage system can be located on any lot other than the lot that is the site of the building, structure, or premises served by such facilities.  The City of Portland has determined that stormwater facilities can be located on a different lot than the lot with the building, structure, or premises served by the stormwater facilities without a plumbing code appeal if ALL the following conditions are met:

  1. The stormwater facility must be allowed as a method of stormwater management as approved by the Bureau of Environmental Services (BES). This includes but is not limited to drywells, planters, and basins.

  2. The stormwater facility serves the buildings, structures, or premises on which it is located, in addition to other buildings, structures or premises located on a different lot or lots.

  3. In situations where the City of Portland Stormwater Management Manual applies, an operations and maintenance agreement is required and must be recorded on each property with the appropriate county recorder.  The agreement must include a description of the operation and maintenance, and log sheets of proposed operation and maintenance.  The operations and maintenance agreement must be reviewed and approved by BES prior to recording.

  4. An easement and maintenance agreement for the shared use of the stormwater facility is required and must be recorded with the appropriate county recorder. The easement and maintenance agreement must be reviewed and approved by prior to recording.

Alternative proposals not meeting the standards of this BOD may be approved on a case-by-case basis through the administrative appeals process.


HISTORY: Implemented June 6, 2017. Revised May 30, 2024 and February 4, 2025.

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