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Stormwater Utility

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1. What concerns does stormwater raise?

Stormwater is the runoff after rain and snow storms. As stormwater travels over urban landscapes, its flow increases due to roads, parking lots, rooftops and other hard surfaces that keep it from absorbing into the ground. This increased flow creates flood risks that pose a safety risk to people and can harm property. Stormwater also picks up many pollutants as it travels across the hard surfaces in urban landscapes that can harm creeks, rivers and lakes.

2. What is stormwater management?

Stormwater management entails the construction of physical structures, such as pipes, retention ponds, culverts, outfalls, and other drainage system components, that prevent polluted stormwater from flowing directly in rivers, lakes and streams. Stormwater management also includes the maintenance of stormwater systems through such steps as the removal of weeds, trash and other debris that impedes water flow and contributes to stormwater pollution. Finally, but importantly, stormwater management plans incorporate programs to educate citizens regarding the steps they can take to keep stormwater clean.

3. Why focus on stormwater now?

The EPA’s Clean Water Act regulations require Adams County to implement a stormwater quality management plan for preventing polluted stormwater from damaging rivers, lakes, and streams. Non-compliance with EPA Clean Water Act regulations can result in large fines for Adams County and, in certain instances, individual property owners. These fines can range from $10,000 to $25,000 per violation per day.

4. Isn’t Adams County already managing our stormwater?

Adams County does have an existing stormwater management program. However, a recent study identified a number of stormwater management measures that Adams County must implement to comply with EPA regulations. This includes increased maintenance of the stormwater system, the construction of significant new stormwater infrastructure, the repair of existing systems, and additional activities required by the EPA.

5. Why is Adams County forming a stormwater utility?

Compliance with the EPA’s stormwater quality regulations will be expensive. Studies completed with the Urban Drainage and Flood Control District identified over $326 million in construction and repair projects for unincorporated Adams County. Meeting just the bare minimum stormwater infrastructure construction and maintenance requirements will cost about a little over $5 million a year. A stormwater utility will provide the financial resources to cover these costs, protecting general fund dollars that fund other important Adams County services, such as parks, human services programs and transportation programs.

6. What is a stormwater utility?

A stormwater utility is an independent funding mechanism for stormwater management activities. Like a water, sewer, or electric utility, the Adams County stormwater utility will assess a user-fee, and allocates all of the revenue to the stormwater quality management program.

7. How will Adams County determine my stormwater utility fee?

Developed property prevents stormwater from soaking into the ground and creates runoff that increases flooding and carries pollutants directly to creeks, rivers and lakes. Because of this relationship between developed property and stormwater control problems, the monthly stormwater utility fee will be based on the amount of development on each property in unincorporated Adams County.

8. What will the stormwater utility fee be for me?

The monthly stormwater utility fee will be based on the amount of impervious developed area on your property that creates runoff into the stormwater drainage system. This includes area on your property that is covered by structures, driveways and parking areas. The monthly stormwater utility fee for the typical single family home is expected to range from about $5 to $6. Rates for commercial, industrial and other properties will be proportional to the single family home rate.

9. How is a stormwater fee different from a tax?

Governments can use tax revenue for any government activities and there is no direct correlation between the tax rate and taxpayer’s impact or use of government services. On the other hand, governments charge user fees to defray the cost of a particular government service, such as stormwater drainage. The fee is based on the impact of that individual property. In this case, the increased runoff from developed property. Revenue from the stormwater fee must be used to fund stormwater activities.

10. How can Adams County establish a stormwater utility without a vote?

The Stormwater Utility fee is not a tax, but rather a fee for service, just like water and wastewater fees. The Colorado state constitution does not require a public vote for service fees.

11. Why isn’t Adams County getting voter approval for the stormwater utility?

Adams County must comply with federal stormwater regulatory requirements. The Environmental Protection Agency and the State of Colorado enforce these regulations and failure to comply will result in fines that will be a burden that all Adams County residents will bear. The stormwater utility provides us with the most timely and equitable way to meet the federal stormwater regulatory requirements.

12. How are other communities addressing stormwater issues?

Most communities surrounding Adams County have employed stormwater utilities. Some have used dedicated property taxes, development fees, sales taxes and other sources in various combinations to finance their stormwater quality management programs. Approximately 30 communities in Colorado have stormwater utilities that incorporate fees comparable to the stormwater fee that Adams County is proposing to assess.

13. What services will the Adams County stormwater utility provide?

The Adams County stormwater utility, which will be managed by the Adams County Public Works Department, will be used for stormwater measures that Adams County must implement to comply with EPA regulations. This includes the construction of major storm sewers and channels, detention ponds and associated infrastructure. The stormwater utility will also be useful to perform maintenance on existing infrastructure and new capital investments, as well as provide education programs to prevent stormwater pollution.

14. How will Adams County residents benefit from the new stormwater utility?

First and foremost, the new stormwater utility will help to bring Adams County into compliance with EPA regulations. This will help Adams County avoid costly fines that all residents would shoulder through cuts to other important county services. Adams County resident will also benefit from the construction and maintenance of stormwater infrastructure that protects residents and businesses against flood hazards. Further, the stormwater utility’s work will reduce pollution entering our streams, rivers and lakes.

15. What types of construction projects will the Adams County stormwater utility fund?

Engineering studies that Adams County conducted in cooperation with the Urban Drainage and Flood Control District show that there is a backlog of about $326 million in stormwater construction and remediation projects in unincorporated Adams County. The types of infrastructure projects that the stormwater utility will fund include the construction of new channels, culverts, storm sewers and other tributary improvements.

16. How much will the stormwater utility fee raise?

The new stormwater fees are expected to raise approximately $5 to $6 million per year.

17. Why is Adams County implementing the stormwater utility now?

Time is now of the essence to implement the stormwater utility because Adams County faces increased federal enforcement of stormwater quality regulations. However, the process of evaluating Adams County’s stormwater management needs and potential response options has been extensive, beginning back in 2007. The Stormwater Advisory Committee (SWAC), a group of area business leaders and other officials, helped guide this process, ultimately confirming the findings from this evaluation process and the need to identify a funding source to address stormwater management issues in unincorporated Adams County. Subsequent public hearings and study sessions before the Adams County Board of Commissioners further tested the stormwater evaluation findings and helped shape the scope of a stormwater utility.

18. How will the stormwater utility fairly spend the money it collects?

While all Adams County residents will benefit from efforts to comply with federal stormwater regulations, the stormwater utility will regularly assess the priority capital construction and maintenance needs across its service area. Representative capital projects have been identified across unincorporated Adams County, such as Little Dry Creek Park Storm Sewer, Third Creek Floodplain Culvert, Box Elder Creek Stormwater Channel, Bear Gulch Tributary Improvements and Brantner Gulch Stormwater Channel.

19. If there is no flooding problem in my neighborhood, how will I benefit from the stormwater utility?

All Adams County residents will benefit from the effort to comply with federal stormwater regulations, protecting us from potential fines and maintaining water quality. More importantly, stormwater runoff does not follow political or subdivision boundaries. Regardless of the location of your neighborhood, all properties have an effect on the drainage system as well as flooding conditions in downstream properties and on roads, impacting travel conditions and emergency vehicle access.

20. How does the stormwater utility fee differ from the fee I pay to the Urban Drainage and Flood Control District?

The Urban Drainage and Flood Control District charges a mill levy on all property in Adams County to cover the cost of large multi-jurisdictional projects across the Denver metropolitan region. This differs from the localized projects that the Adams County stormwater utility will address. However, the UDFCD may contribute toward covering construction costs for some of the stormwater infrastructure projects in Adams County.

21. No runoff from stormwater drains off my property, why do I have to pay?

It is true that runoff from some properties does not appear to flow into the county's stormwater system. But, in some of these cases, the water does eventually flow underground and ends up in the county's system. The benefits of the stormwater utility are realized by all property owners in Unincorporated Adams County. These benefits include meeting the EPA regulations which also improve the quality of life in the entire community by cleaning up the water, trash, debris and unsightly vegetation in the creeks and streams. The maintenance and capital improvement projects will benefit everyone by reducing flood impacts to roadways and other public infrastructure. The new programs will save the county taxpayers in the long run by fixing small problems before they become much more expensive. For these reasons, the other stormwater utilities in Colorado charge all properties with impervious area, regardless of where the water from each property appears to flow.