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Commission seeks options to certify and enforce retention/infiltration basins after neighbor complaints

Fairway Planning Commission · July 28, 2026
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Summary

Commissioners asked staff to research periodic engineering certifications, enforcement options and tracking for underground retention/infiltration basins after a neighbor complaint flagged a potential nonfunctioning basin; staff said no current code requires routine certification.

Commissioners discussed recurring neighbor complaints alleging that an infiltration basin tied to a nearby property is not functioning and considered regulatory responses. Staff said there is currently no code requiring post-construction certification of basin performance. One staff member described examples used by other cities: periodic engineering reports every 2–3 years and enforcement through building- or zoning-code citations if the basin is not functioning.

Members debated cost and fairness — commissioners noted engineer inspections could cost several hundred dollars to more and that retroactive application could burden existing homeowners. Staff suggested using watershed-analysis records to map basins and proposed a program to track basins, require periodic certification, and adopt enforcement language; commissioners asked staff to return with specific draft language and an implementation plan for public hearing and council consideration.