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Boardman staff propose ordinance making homeowners responsible for drainage swales
Summary
At a Nov. 4 workshop, staff introduced a draft drainage-swale ordinance that would require property owners to maintain swales abutting their lots, establish notice and abatement procedures, and accompany outreach and possible grants. Attorney Ashley Driscoll said the approach follows common municipal practice; the ordinance would be presented for adoption after redline review.
City staff presented a draft ordinance at the Boardman council workshop on Nov. 4, 2025, that would formalize maintenance responsibilities and enforcement steps for residential drainage swales. The draft would apply the same basic structure used for sidewalks and curb-and-gutter obligations: notice, opportunity to cure, city abatement if owners fail to act, and assessment of recovery costs.
Outside counsel Ashley Driscoll, who joined the workshop remotely, described the typical municipal approach: "the obligation to maintain that is actually on the abutting property owner and not on the city," she said. Staff emphasized that the proposal includes an educational outreach period and that staff expect to offer homeowners support options rather than immediate sanctions. A staff member said, "If you pass this in December, it takes 30 days to go into effect... the city will find a way to support homeowners." The ordinance language and redline will be provided to council in the packet next month for review before any adoption action.
Why it matters: several subdivisions (Tuscany, River Ridge, future Chaparral) already have swales; staff said inconsistent construction and maintenance has led to localized pooling where swales were improperly installed or filled in. Staff also noted a concurrent stormwater survey to locate existing swales and integrate them into a maintenance program. Council members asked about HOAs, developer responsibilities, and whether owners who previously filled in swales would be eligible for remedial assistance; staff said those cases will be addressed through outreach and by evaluating whether corrections are feasible. The council did not vote; staff will circulate redlined ordinance drafts and a clean version for potential adoption later in the regulatory process.
