Stormwater Surety Agreement Process

Development Information


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Surety Types What to Prepare Document Requirements Need an Appointment? Surety Costs Important Reminders

A stormwater surety is an agreement between the City of Raleigh and a developer. The agreement outlines the financial and environmental responsibilities connected to a construction project.

You will need a stormwater surety any time you disturb land.

Surety Types

There are two types of stormwater sureties that you may need for your project. 

1. Sediment and Erosion

Goal: Ensure construction is contained using silt fences and other barriers. 

  • Helps protect downstream properties from erosion.
  • Keeps pollution, like sediment/dirt, out of the stormwater system.
  • Covers permanent stabilization in case work stops or developers can no longer maintain the site.

2. Stormwater Device

Goal: Ensure devices are installed to help manage how stormwater flows from the property when it rains.

  • Protects future homeowners and businesses of the site in case the developer doesn’t finish installing the stormwater device.
  • Provides the City of Raleigh with resources to complete and maintain the device if needed.

What to Prepare

Here’s what you’ll need before you complete your surety agreement with us: 

  • Transaction number (i.e. Mass-###-202 or SPR-###-202)
  • The listed owner(s) or the deed for the property. Please list everyone who is on the deed.
    (The Developer is the person, or persons or company listed on the deed. Please list all parties noted on the deed. Make certain to list there names as it appears on the deed.)
  • Leased Properties: You'll need a recorded lease agreement, surety agreement, and Wake County Recorded Lease Memorandum.
    (Leased Properties will need to have a Wake County recorded Memorandum of Lease or Ground Lease to submit with their Surety Agreement.)
  • Properties Changing Ownership: You’ll need a recorded deed with the developer’s name a purchase agreement if the property is under new or changing ownership.

View Checklists 

Document Requirements

Signature Requirements 

  • All signers require legal proof of their signing authority as:
    • For LLC's: the manager or managing member per NCSOS All LLC’s are managed by their managers pursuant to N.C.G.S 57D-3-20
    • For corporate: position and title with proof of signing authority.
    • Individual acknowledgement for landowners without a listed LLC, INC, or Limited Partnership.
    • Partnerships: Partnership Agreements with proof of signing by the general partner
      • Tiered signature listing ALL companies connected to the final signing general partner

(The signature goes below the final legal entity when you reach a person with legal authority to sign for that entity. The reason is that the individual does not have the legal authority to sign for the prior entities, which is also the reason for the tiered signature.)

Need an Appointment?

Stormwater Surety Office appointment: Tuesday – Thursday 8:30am until 12:00pm and 3:30pm until 4:00pm.

Surety Costs

Here's a breakdown of stormwater surety costs. 

Surety  Cost 
Sediment and erosion 

Based on the amount of land disturbed ($1,000 per acre).
Example: If you're disturbing .50 acres, you will owe $500 for the surety.

Stormwater device  Based on the overall cost of installing the device. When you submit this surety, you will provide two payments based on the amounts provided by City plan reviewers. 

Who to Pay 

Sediment and Erosion Payment  Stormwater Device Payment

City of Raleigh Stormwater Management
One Exchange Plaza Suite 706 Raleigh, NC 27601. 
Attn: Jennipher S. Lubik 

Include all Originally signed S&E Surety Agreements with your FRO and supporting documents.

  • Deeds
  • Record Parcel Book of Maps
  • NC Secretary of State pages.
  • Purchase Agreements
  • Lease Agreements
  • Proof of signing authority, position, and title.

Payment 1 - stormwater device installation cost
City of Raleigh Stormwater Management

One Exchange Plaza Suite 706 Raleigh, NC 27601. 
Attn: Jennipher S. Lubik

Pavement 2 - 24% of stormwater device installation cost 
City of Raleigh Development Services
One Exchange Plaza Suite 400 Raleigh, NC 27601. 

INCLUDE THE 24% CONTRIBUTION MEMO COMPLETED AT THE BOTTOM!

Payment Options

We accept a cashier’s check, letter of credit or performance bond. No cash or business checks.

Important Reminders

  • Original signed and completed Surety Agreements need to be mailed or dropped off at The City of Raleigh Stormwater Management One Exchange Plaza Suite 706 Raleigh, NC 27601.  ATTN: Jennipher S. Lubik
  • FRO to be mailed to Stormwater Management at One Exchange Plaza Suite 706 Raleigh, NC 27601 ATTN: Jennipher S. Lubik
  • 24% payment: Please include the City of Raleigh memo sent to you by the engineer reviewing your plans.
  • All pre-construction inspections are to be scheduled with your assigned Stormwater Inspector.
Department:
Engineering Services
Service Categories:
Stormwater
Board, Commission or Committee:
Stormwater Management Advisory Commission
Related Services:
Stormwater Permitting and Inspections Requirements

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