Creating a Stormwater Utility
Consultation has concluded
Welcome to the Engage Fairfax page for the development of the Stormwater Utility.
Below is basic information on stormwater runoff, the Stormwater Utility, and the city’s stormwater program. An FAQ with more information can be accessed through the menu on the right side of this page. Please use the tools below to provide feedback on the concept of developing a Stormwater Utility. You can also sign up for updates. Presentations from the October public meetings are available on the right.
What is Stormwater Runoff?
Stormwater runoff occurs when rain or melting snow flows across land and impervious surfaces like roofsContinue reading
Welcome to the Engage Fairfax page for the development of the Stormwater Utility.
Below is basic information on stormwater runoff, the Stormwater Utility, and the city’s stormwater program. An FAQ with more information can be accessed through the menu on the right side of this page. Please use the tools below to provide feedback on the concept of developing a Stormwater Utility. You can also sign up for updates. Presentations from the October public meetings are available on the right.
What is Stormwater Runoff?
Stormwater runoff occurs when rain or melting snow flows across land and impervious surfaces like roofs, driveways, parking lots, streets, and other hard surfaces. Impervious surfaces don't allow stormwater to soak into the ground, and so it flows to other areas. Stormwater runoff has the potential to cause drainage problems such as flooding and erosion. Stormwater runoff can also pick up and carry pollutants like grease, oil, pet waste, fertilizer, metals, and others, to the city's storm drain system. The storm drain system does not treat runoff for pollutants and the city's storm drains lead directly to local waterways, such as Accotink Creek, and ultimately, the Potomac River and the Chesapeake Bay. Stormwater pollution and drainage problems have impacts on our environment and wildlife, and can damage property. View the stormwater utility fact sheet.
What is a Stormwater Utility?
Like utilities for water and sanitary sewer, a Stormwater Utility (SWU) is a fee-for-service approach to providing stormwater management services in the City of Fairfax. Rate payers are charged a fee based on the stormwater runoff impact their respective properties generate, using impervious surface as the measurement of that impact. A SWU provides a dedicated funding source for existing stormwater management services and new capital projects to reduce sediment and nutrient (nitrogen and phosphorous) pollution into our local waterways, the Potomac River, and the Chesapeake Bay.
Stormwater Utility Feasibility Project
The city started a Stormwater Utility Feasibility Study in September 2020 to explore this option for funding the stormwater program. The stormwater program is currently funded through a dedication of the real estate tax, equivalent to $0.03 of the city’s real estate tax rate. The current tax-based stormwater funding source is based on a property’s assessed value.
A stormwater utility fee differs because it is calculated based on the amount of impervious surface present on a parcel. Under a stormwater utility, properties with more impervious surfaces, which contribute more stormwater runoff to the storm drainage system, would pay a proportionally higher fee.
Many Virginia communities have transitioned to a stormwater utility to fund their stormwater program, rather than continuing to use a real estate tax set-aside or general fund revenues. Twenty-eight Virginia jurisdictions have created formal stormwater utilities, including the Cities of Alexandria, Falls Church, and Manassas.
Stormwater Utility Feasibility Study Considerations
We looked at the following aspects when we explored the feasibility of a SWU:
- Current program levels of service and documented unmet stormwater program needs
- Evaluation of stormwater Capital Improvement Program (CIP) needs
- Current funding method and adequacy of that funding moving forward
- Evaluation of SWU rate methodologies and potential billing delivery systems
- Analysis of customer impacts from different rate structures
The study concluded that a SWU is feasible and beneficial in the City of Fairfax based on the findings developed around the considerations listed above.
Why is the City Developing a Stormwater Utility?
As city drainage infrastructure ages and city regulatory compliance requirements continue to expand, the city recognizes that the costs associated with stormwater management programming, including municipal stormwater permit compliance, system operations and maintenance, and capital improvement projects for both water quality enhancement and water quantity management (flood control) continue to increase. In addition, the region has recently experienced multiple, significant rain events that have highlighted additional drainage improvement needs. The city’s current Storm Fund offers limited flexibility for funding program priorities, flexibility that the city will need to address an ever growing list of needs, including foreseeable capital improvements.
Stormwater Utility Benefits
- Community engagement and stormwater-positive activities can be incentivized. Credit programs are common components of SWUs and they allow localities to incentivize behavior by offering credits to customers who reduce their properties’ runoff impacts on the stormwater system or undertake additional activities that reduce stormwater runoff impacts. The credit program is under development and will include credits for:
- Owning and maintaining a stormwater management facility
- Voluntarily installing and maintaining a stormwater management facility
- Organizing and participating in stormwater-positive volunteer events like litter pickup and stream cleanup events, and installing “Only Rain” storm drain markers
- Expanding urban tree canopy and improving riparian buffers through tree planting.
- Developing and implementing a nutrient management plan to limit the use of fertilizers and other lawn care chemical compounds.
- Stormwater Utility fees are more equitable. A property’s value does not have a direct correlation to a property’s runoff impacts.The amount of impervious surface on a property does have a direct correlation to the runoff it generates, and so using this property characteristic to determine the stormwater utility fee is more equitable than the tax-based assessment.
- Stormwater Utility fees are shared by the community. Under the current tax-based dedication, untaxed properties do not contribute towards stormwater management, though they do contribute to stormwater runoff. Under a SWU, all properties would be charged a stormwater utility fee, including untaxed properties.* The SWU represents a more equitable way to pay for stormwater service as a greater number of properties will be paying into the stormwater utility fund.
*A small number of property types are exempted from utility fees by law, such as public roads, municipal properties, and properties covered under their own municipal stormwater permits.
- Allows greater funding flexibility and stable program costs. A utility would be able to utilize bond funding options for capital projects beyond what is available through the current funding mechanism. These financing options allow for the stormwater program’s initiatives to be funded while still keeping utility rates stable and reasonable.
- Allows the stormwater program to be fully funded. The economic value of properties can be maintained through proper stormwater management. This includes being able to improve maintenance capabilities, perform system upgrades to improve drainage conditions, address public drainage concerns, and further improve water quality and quality of life in the city.
Learn more about the Stormwater Utility and stay informed during the development process:
To help property owners in the City of Fairfax answer questions they may have about the development of a SWU, the city has compiled an FAQ document, which is available on the right side of this page.
If you have any specific questions, please use the questions to tool below.
Signup Banner
Nov. 30 Presentation to City Council
Stormwater Utility Property Lookup Tool
This application(External link) will show you how many billing units are associated with your property. The estimated fee per billing unit of $28.80 can be used to estimate the annual stormwater utility fee for your property.
Stormwater Utility Fact Sheet
Public Meetings
A series of public meetings has been scheduled to present and discuss the proposed stormwater utility. Residents, property owners, faith leaders, and the nonprofit community are invited to attend and learn more about the proposed stormwater utility. The same general information will be provided at all meetings, but details will be tailored to each property owner group.
Meetings will be held at the Sherwood Community Center, located at 3740 Old Lee Highway(External link).
Wednesday, Oct. 20
- 4 p.m.: Large Commercial Properties (strip malls, office parks, car dealerships, big box stores)
- 5:30 p.m.: Residential Properties (single family, townhome, duplex)
- 7 p.m.: Community Association Properties
Friday, Oct. 22
- 8 a.m.: Commercial – Small Business Properties
- 10 a.m.: Faith-based and Nonprofit Properties
- Noon: Large Commercial Properties
Monday, Oct. 25
- 10 a.m.: Faith-based and Nonprofit Properties
- Noon: Commercial – Small Business Properties
Saturday, Oct. 30
- 9 a.m.: Faith-based and Nonprofit Properties
- 10:30 a.m.: Residential Properties
- Noon: Community Association Properties
To accommodate social distancing, please RSVP by email to StormwaterUtility@fairfaxva.gov(External link) at least a day before the meeting(s) you would like to attend.
Quick Polls
Who's Listening
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Phone 703-273-6073 Email satoshi.eto@fairfaxva.gov (External link)
Project Timeline
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City Council Work Session: November 10, 2020
Creating a Stormwater Utility has finished this stageIntroduced the SWU concept and feasibility study goals. Explained what a SWU is, how it works, benefits/equity, next steps and timeline.
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Environmental Sustainability Committee: January 20, 2021
Creating a Stormwater Utility has finished this stageIntroduced the SWU concept and feasibility study goals. Received positive feedback from ESC.
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City Council Retreat: January 23, 2021
Creating a Stormwater Utility has finished this stagePresented SWU feasibility study preliminary findings. Current and anticipated level and cost of service, program needs/gaps, rate base and billing unit evaluation, bill delivery method, broad public education and outreach strategy, updated next steps and timeline. Council requested additional information on rate.
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City Council Work Session: April 6, 2021
Creating a Stormwater Utility has finished this stagePresented SWU feasibility study final findings, updated cost/level of service and presented preliminary rates. Council requested staff address equity concerns with the proposed 3000sq.ft billing unit/ERU.
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Central Fairfax Chamber of Commerce: May 17, 2021
Creating a Stormwater Utility has finished this stagePresented the SWU concept, feasibility study findings, to the chairman and executive director of CFCC.
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City Council Retreat: June 12, 2021
Creating a Stormwater Utility has finished this stagePresented revised fee calculation method based on 500sq.ft billing unit and elimination of parcel classes. Presented updated cost of service and rate schedule out to 2027.
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Public Outreach
Creating a Stormwater Utility is currently at this stage -
Introduction of the Stormwater Utility Ordinance to City Council
this is an upcoming stage for Creating a Stormwater UtilityTuesday, November 30
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Consideration of the Stormwater Utility Ordinance by City Council
this is an upcoming stage for Creating a Stormwater UtilityTuesday, December 14
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SWU Implementation: January 1, 2022
this is an upcoming stage for Creating a Stormwater UtilityDependent on adoption of ordinance.
FAQs
- What is a Stormwater Utility (SWU)?
- What are impervious areas?
- How does the city currently fund its stormwater management program?
- Why is the city considering the implementation of a SWU?
- Why is managing stormwater such a challenge?
- Why is a SWU a more equitable way to pay for stormwater management service?
- What is the difference between a SWU and a tax?
- When does the city propose to implement the SWU?
- How does the city propose to bill the SWU fee?
- What is the schedule for the city’s SWU development process?
- Which properties will be billed a SWU fee?
- Which properties are exempt from SWU fees by Virginia law?
- Who will be responsible for the SWU fee?
- How does the city propose to determine the SWU fee on each property?
- Will there be any way for me to reduce the SWU fee for my property?
- What if I disagree with the calculation of my SWU fee? Will the city have a mechanism to review my SWU fee charge?
- Are there any other municipalities that charge a SWU Fee?
- Why should I pay for rain falling on my property?
- Who can I contact with questions about the SWU development process and associated fee structure?
For HOAs, it does not make any sense to tax the HOAs because the HOAs will simply pass the tax on to the homeowners by increasing the monthly assessments. Just divide up the HOAs' taxes and distribute it against the homeowners' property taxes. Each homeowner should be given credit for the HOAs' land that is not impervious as well.
City of FFX Resident - Thank you for the suggestion! We did consider dividing fees among the residents, however it introduced some issues. The fees are intended to go to the owner of record, which in this case would be the association and its representatives. If we were to divide up the fee among all the residences, we would be cutting out the community’s association representatives and their opportunity to review the fee in whole. We do understand that the association’s costs are borne by the community’s residents, however other utility bills such as water for common area irrigation would also go to the association and these costs would be considered in their budgeting process.
*A small number of property types are exempted from utility fees by law, such as public roads, municipal properties, and properties covered under their own municipal stormwater permits.
Have you seen your own map?
For HOAs - have you considered just dividing up the impervious space up and divide by the number of residences and then just charging that percentage to the residents rather than charging the HOA? When you charge the HOA they then need to administer this and raise assessments and the end result would be them dividing it up and charging each of the members the same amount. It's just adding an extra layer of HOA that isn't needed when the residents have to pay anyway.
Obviously, this is an important issue - however, rather than starting with a rather arbitrary fee to get landowners to address storm water runoff, I feel it would be better to use city resources to do outreach to those generating the largest runoff and provide information and assistance on how to reduce it. Communicating a phased implementation of any fees gives our fellow Fairfax City residents time to participate as part of a solution, rather than feel blindsided by another tax with opaque fee structures and plans.
The issue that I have with the Stormwater Tax and the standup of the utility is that the City already requires the homeowners where I live to maintain the stormwater drains. It is the only reason that the HOA exists and essentially forces the 6 homes that live on the cul-de-sac to have to administratively maintain an HOA to maintain the stormwater system for the 6 homes, plus the other homes surrounding the cul-de-sac that have runoff into our storm water system. So the additional tax that we are already paying as part of our real estate tax means that we (the 6 homeowners) are being taxed twice for the same service that everyone else is receiving and only taxed once. Shouldn't we (the 6 homeowners) be exempt from the additional stormwater tax that is already being collected?
I believe that a tax on the percentage of nonpermeable area would be equitable. That is if the current cost of the storm water program is removed from the real estate base. My concern and that of many people is creep in the real estate assessment after the storm water tax is removed. I fear that current real estate price increases are going to result in a much higher assessments and therefore taxes unless the City becomes more conservative in its management.
Other than tax for stormwater is there ANY proposals for the city to make more open areas for water drainage (gravel: in city parking lots, bike lanes, tear up low use sidewalks)?
Just like any politician these city leaders want to tax us but exempt themselves.
A little asterisk exempts municipal areas and streets, so now they want to create another bureaucracy to siphon our contribution to their support.
If the SWU calculates my fee based on the ratio of my impermiable area divided by the total street and government impermeable area then I could support another tax. Of course if such a calculation shows the current financing to be larger I will not support a change.
Agree with Tom and Jim. This is just another tax and spend bill. More and more $800,000 houses built in city and yet taxes still go up and up. Government allowed the flat spaces and now decide to pump extra taxes on them. Just does not seem right for a honest government.
This is a great article and initiative. The timing is perfect for me as I’m exploring ways to replace my asphalt driveway (that’s starting to break down) with a much more environmentally friendly options such as impervious pavers, gravel, or something else that may work. Please keep me informed on the incentives that will be available, as I hope to be able to utilize them.
No matter where the money comes from, stormwater management is a crucial issue which is not given the priority it requires, especially with our changing climate. I would like to see a focus on what the efforts of these funds are for, and how they are geared to address the issues caused by increased urbanization alongside new climate realities.
While this equitable plan sounds reasonable at first thought, I do wonder how equitable is it in practice? I would assume property that would produce the most runoff would be commercial property and larger residential buildings such as apartments. Those able to afford actual yards may end up paying less when they could afford to pay more, myself included. And would additional fees to apartment complexes be paid by the landlords, or filtered down to residents through fees? I don't know the answer but as I consider this new approach I would be curious who is expected to pay the costs with this new paradigm.
Certainly stormwater management is something we absolutely must invest in and plan for now.
Thank you for sharing your comments. There is no correlation between the proposed stormwater utility and the City’s 2013 decision to sell the Goose Creek Water Treatment Plant. The history of that decision is well-documented here: http://www.virginiaplaces.org/watersheds/fairfaxwater.html(External link). Fairfax Water provides water service to city residents at a much lower rate than the City was able to provide.
From the Washington Post in Feb. 2013:
• Fairfax City was in a tough spot. Its 50-year-old treatment plant in Ashburn and 23-mile transmission pipe to Fairfax City need a $45 million upgrade, which would require a bond referendum, at additional cost to its customers. In 20 years, the plant would need to be replaced, at a further cost of an estimated $84 million.
• At present, Fairfax City is charging its residential customers $4.61 per 1,000 gallons, compared to Fairfax Water’s rate of $2.51. At an estimated use of 100,000 gallons per year, that’s $461 for city residents and $251 for county residents. With annual cost increases of seven percent plus the bond issue, the city’s annual cost was estimated to rise to $894 per residential customer, versus about $340 for Fairfax Water.
• In addition, Fairfax Water has already upgraded its treatment facilities, and any further costs would be spread over a much larger customer base than Fairfax City’s 11,500, of which about 1,300 are commercial users.
The City is responsible for the quality of its stormwater runoff. A stormwater utility would fund environmental projects to meet regulatory requirements. Billing would be based on the amount of impervious surfaces present on a property, and properties that do not currently contribute to the Stormwater Fund because of tax exemptions would be billed similarly.
The storm sewer system is well-maintained; however, additional funds are needed to meet increased demands to the stormwater program. The stormwater utility would also fund the new Urban Forestry Program, which is an important part of the City's strategy to manage stormwater.
Impervious surfaces are directly correlated to stormwater runoff. Since stormwater utility fees would be based on a property’s impervious surface, it provides an equitable way to distribute the program costs. The stormwater utility fee is proposed to be a line item on the real estate tax bill, and so would not create an additional bill for property owners to pay.
I don't want to get another monthly utility bill. Why was the drainage system allowed to deteriorate to this point, and not properly maintained annually using general funds? This sounds like how the Goose Creek water system was allowed to deteriorate until we could no longer afford to fix it. ???
For many reasons I do not concur with this new funding approach (call it what you want it is a new tax). The Storm Drain System behind my house has had no repairs since I bought my house in 1985. Seems more like mis-Management of the Stormwater System in Fairfax City similar to the lack of maintenance and mis-Management of the drinking water system. Now you want the City residence to pay an attentional tax for what appears is the same issue.