---
title: Duluth UDC § 1024.04 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1024.04"
licence: "CC0-1.0"
---

# Duluth UDC § 1024.04

Owner’s Failure to Maintain the Stormwater Management System

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 10 — Erosion Control and Stormwater Management
- **Pages in source:** 289–290
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to maintain a
stormwater management system and the enforcement options available to the City of Duluth. If a site was
developed before the requirement to have an inspection and maintenance agreement or an inspection and
maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or
deemed insufficient, then:

1. An owner’s failure to maintain the stormwater management system so that it performs as it was originally
designed shall constitute and be addressed as a violation of, or failure to comply with, owner’s property
maintenance obligations pursuant to the Duluth Municipal Code and

a. To address such a failure to maintain the stormwater management system, the City of Duluth

shall have all the powers and remedies that are available to it for other violations of an owner’s

288 | P a g e

Article Ten. Erosion Control and Stormwater Management

property maintenance obligations, including without limitation prosecution, penalties,
abatement, and emergency measures.