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1. What is the Stormwater Maintenance District Program?

This program provides an alternative to homeowner responsibility for long-term maintenance of stormwater infrastructure within subdivisions and land developments, and relieves homeowners of the burden of minor and major stormwater maintenance.  The County will take over these maintenance responsibilities leaving the maintenance organization to focus only on maintenance of the non-stormwater common areas.

2. Who authorized this program?

At the request of County Council, the State of Delaware enacted enabling legislation on September 10, 2021, that allowed New Castle County to create Stormwater Maintenance Districts.  New Castle County Council followed up with its own legislation on January 11, 2022, establishing the New Castle County Stormwater Maintenance District Program. Public Works has established standard forms and a policy to further detail the program. You can download a copy of the policy here.

3. How much is it going to cost me? How will I get billed?

Cost will be determined on a case-by-case basis and will be dependent on the size of your community, and the size, type and number of stormwater facilities. The County will secure pricing from contractors under contract with the County.  Cost will be divided by lot and added to your annual tax bill.

4. What are Public Works’ responsibilities under this program?

Public Works will assume complete maintenance responsibilities for the stormwater management facilities as defined on the record plan. We will coordinate the work with our contractors and monitor their performance.

5. What are the Maintenance Organization’s responsibilities under this program?

Once successfully enrolled in the program, the Maintenance Organization will only need to maintain its open space outside of the stormwater management areas.

6. What should I do if I notice something is wrong with a stormwater facility?

If you feel it’s an emergency, please contact the Public Works hotline at 302-395-5700. If it’s not an emergency, please call 302-395-5812, or email us at [email protected]

7. Who is going maintain our stormwater facility(ies)?

Maintenance may be completed by a combination of contractors and County employees.

8. Our Maintenance Organization was told they were not eligible for the program. What does that mean?

Only Maintenance Organizations that are in good standing with the County’s stormwater management program may be enrolled into the program.  This means they have registered with the County and have been conducting routine maintenance of their facilities to maintain them in working order.  Maintenance Organizations not in good standing can work with our office to develop a plan to bring their stormwater management facilities into good standing to be enrolled in the program.

9. How can my Maintenance Organization request to be included in the program?

Maintenance Organizations can email the Letter of Intent between October 1 and June 30, along with a copy of the Maintenance Declaration and/or Bylaws to [email protected], or by mailing the same information to: New Castle County, Department of Public Works, Stormwater Maintenance Districts Program, 187-A Old Churchmans Road New Castle, DE 19720. This will trigger the County to begin the review process and prepare the Petition. 

10. How many people need to approve enrollment into the Program?

Your community’s Bylaws will determine the percentage of votes needed to enroll in the Program.

11. After my community votes, what happens then?

Petition results must be received by the County between July 1 and September 30^th. If the percentage of votes determined by your Bylaws is surpassed, Public Works will prepare an ordinance for County Council to accept your community into the Program. Once Council formally approves, Public Works will assume maintenance responsibility. If the percentage of votes is not reached, your community is not accepted into the program.