In December of 2021 City Council passed Ordinance changes establishing a Structural Controls Program. The Structural Controls Program is a State mandated program, as part of the City’s Water Quality permit with the Texas Commission on Environmental Quality. Private development within the City has long been required to follow maintenance requirements for structural controls, also called stormwater improvements or best management practices (BMPs). The Structural Controls Program formalizes this maintenance requirement to the mutual benefit of the City and its residents.
So, what are structural controls and what do they do?
Structural controls are physical devices designed to capture and/or treat stormwater at its source. They are also sometimes called stormwater improvements or best management practices (BMPs). They serve multiple functions, including:
- Reducing flooding both locally and downstream
- Improving water quality for recreation and wildlife
- Increasing overall stream and river health
- Extending reservoir lifespans and providing cheaper drinking water
- Reducing pollutants (e.g. metals, bacteria, and nutrients)
Examples of structural controls are detention basins, retention ponds, storm inlet filters, and permeable paving.
Are structural controls my responsibility?
All private development within the City is required to include structural BMPs, as the inclusion of these in new development and re-development benefits all Arlington residents. As with all infrastructure, structural controls require maintenance to ensure they continue to function properly. Failure to keep BMPs in good condition can reduce their functionality and accompanying benefits, and in extreme cases, result in catastrophic failures and the loss of life and property. Generally, the maintenance of these structural BMPs is the responsibility of all members of an HOA or POA, or the responsibility of the property owner for individually owned properties.
What do I need to do?
The routine inspection and maintenance of structural controls helps prevent costly repairs, benefiting the property owner(s). With this in mind, a central pillar of the Structural Controls Program is regular inspections and reporting. Depending on the type of Structural Controls, an annual or biennial inspection report that certifies your structural BMP is maintained and operated safely must be submitted by email to the City of Arlington at structuralcontrols@arlingtontx.gov by December 31st in reporting years. One report is required per development, at the frequency communicated to you by the City (either annually, in odd years, or in even years). For example, if you live in a neighborhood with an HOA who is responsible for the BMPs, then it is the HOA that is responsible for filing the annual report, not each resident (Note: If the HOA responsible for BMPs has dissolved or is no longer functional then all property owners are jointly and severally liable for maintenance and inspections). Any maintenance needs identified in the reports should be corrected promptly, as delaying maintenance can lead to increased repair or replacement costs later.
Who may conduct inspections?
Due to the technical nature of structural controls and the potential adverse impacts of inaccurate inspections, a qualified professional must conduct the inspection and file the report with the City on your behalf. A list of known qualified professionals may be found on the Qualified Professionals List tab. Instructions for filing inspections using the City’s online portal may be found on the City website. Inspection reports must be submitted by December 31st of each calendar year.
Qualified Professionals (QP) List
If you meet the definition of a QP and would like to be considered for addition to the list of known QPs you may fill out the form on the QP Inclusion Form tab and submit it to structuralcontrols@arlingtontx.gov.
Inclusion on the list is at the City’s discretion and restricted to Professional Engineers, licensed Landscape Architects, Certified Professionals in Erosion and Sediment Control (CPESCs), or designated dam/lake managers for TCEQ regulated dams.
Report an Issue
To report an issue or concern about a structural control use the City’s Action Center reporting tool by searching structural controls.