Council adopts stormwater code changes to limit permanent structures over drainage infrastructure

Lexington’s City Council on Nov. 12 adopted ordinance 2024-053, a text amendment to Chapter 15 of the city code that tightens restrictions on development above, within and near stormwater infrastructure.

Staff told the council the changes respond to situations where buildings or permanent structures were proposed over known stormwater pipes or channels, which complicates future maintenance and increases risk to property owners. The amendment allows only temporary, above-ground uses without permanent foundations in those areas (examples given: above-ground pools, trampolines or sheds that can be moved) and prohibits permanent structures within stormwater easements.

Staff described setback guidance tied to pipe size (for example, for a 24-inch pipe the requirement would be a total of 15 feet—about 7.5 feet on each side; larger or deeper pipes require additional clearance). The ordinance also requires property owners to obtain approval from the stormwater administrator before altering drainage that conveys stormwater from public rights-of-way.

Staff said the city began a mapping effort in August, funded by a grant received about a year and a half earlier, to identify existing stormwater infrastructure; mapping should be complete in a few months. Council members asked whether existing structures are grandfathered and staff replied the amendment is primarily intended to prevent approving new building permits that place permanent foundations over known pipes, while existing structures present practical considerations for staff and property owners.

Council adopted the ordinance by voice vote. Staff said the change will be incorporated into future permit reviews and that the stormwater administrator will have a clearer mechanism to address proposals that would conflict with mapped drainage infrastructure.