The Water System currently charges for stormwater through our water and sewer fees. Customers in unincorporated Cobb are charged higher rates than our customers in city limits. The more water a customer uses, the more they pay for stormwater. Customers on a septic tank pay less for stormwater than customers on sewer, because they are not paying sewer fees that include stormwater charges.

It is a fee based on the amount of impervious surfaces on a property, and it would be put in a dedicated fund that can only be used for stormwater services. The area of impervious surfaces on each parcel is the most important factor influencing the cost of the stormwater management services provided by the Water System, so it is the most appropriate parameter for calculating a stormwater service charge.

The proposed fee schedule is on the website at: stormwater-fee-proposal-2024.pdf. Most residential properties in Cobb would be charged $4.00 per month or less. Keep in mind current Water System customers are already paying for stormwater services through water and sewer fees. Water and sewer rates would be reduced, lowering the water and sewer expense and partially offsetting the proposed fee for current customers. 

The Water System is defining impervious surface (Sec. 122-301) as any paved, hardened, graveled, compacted, or structural surfaces, including, but not limited to, buildings, dams, decks, driveways, parking areas, patios, streets, swimming pools, tennis courts, walkways, or other structures which prevent or impede the infiltration of stormwater into the soil. Pervious pavers, pervious pavement, and green roofs are considered 60% impervious.

All properties in unincorporated Cobb County with 500 square feet or more of impervious surface will be billed for stormwater services, including residential properties, commercial properties, government facilities, schools, churches, and nonprofit organizations.

GA Supreme Court (McLeod vs Columbia Co.) ruled that charging for stormwater based on the amount of impervious surface is a fee, not a tax. The stormwater fee pays for services that are charged based on the demand each property places on the stormwater system. The water that runs off each property impacts the infrastructure. The collected funds will be used to pay for stormwater services, including maintaining the system of structures and pipes that serve to convey the water into local streams, the Chattahoochee River, and Allatoona Lake. See How Cobb’s Services Compare for information on the Water System’s stormwater service.

Stormwater pipes built in the 1970s and 1980s are failing more frequently. We do not currently have enough money to keep up with repairs, which has resulted in a backlog of about 100 pipe failures causing sinkholes on residential property. We also do not have sufficient funding to properly maintain the detention ponds that we own, and many are overgrown. Furthermore, there is increasing pressure from the public to provide additional services.

The transfer from the Water System to the General is based on the Water System’s total revenue. The transfer for FY24 is $15,000,000, but less than $500,000 of that is from stormwater revenue, so eliminating the transfer would provide less than $500,000 that could be used for stormwater. If the transfer were eliminated, non-stormwater revenue should not be used for stormwater projects. Our customers who live in a city limit would be upset if their water and sewer revenue was used for stormwater, because they do not receive stormwater services from us.

Cobb County is not the only local government that transfers from its Water and Sewer Funds to its General Fund.  The current Board of Commissioners inherited a long practice of funds being transferred from the Water System to the General Fund.  The transfer started in 1998.  In 2019, the transfer to the General Fund was the full 10% allowed in the Water System’s bond resolution.  Since 2019, the transfer has been reduced 1% each year, such that the FY24 transfer is down to 6%.

Aerial photography is being used to determine the amount of impervious surface on a property. Cobb County has been collecting aerial photography since 2000 for mapping purposes. The public can access the current aerial photography through the Information Technology Services Department’s interactive maps at https://geo-cobbcountyga.hub.arcgis.com/pages/all.  The aerial photography vendor analyzed the imagery to identify and calculate the impervious surface area for each property. One of the challenges is properties under construction at the time of the photography.  The Water System is reviewing the data for these properties. Data cleanup is underway and should be ready to publish in early summer. As the Water System proposes to charge the fee on the water bill, another challenge is matching properties to water bills, because there is not a one-to-one correlation. For example, with a duplex on one property the impervious area for the property must be split between the meters.  Also, some water meters serve multiple properties, so the impervious area for the properties must be combined to be charged to that meter.

Yes, there is a formal appeal process outlined in the proposed code (122-316). Customers may seek an adjustment of the stormwater service fee allocated to a property at any time by submitting the request in writing to the Water System’s Stormwater Division and providing the reason for the requested adjustment. If customers do not agree with the Stormwater Division’s determination, they may appeal to the Water System Director, then to the Board of Commissioners, then to Superior Court following the appeals process provided in code.

A lien does not mean that the County takes the property; it just ensures that, if the County must repair private infrastructure on the property, the County is reimbursed before the property is sold. The code provides the legal path to act if the property owner refuses to fix private infrastructure that is failing and impacting other properties. 

For example, if a dam on a lake needs repair to prevent significant damage downstream and the property owner fails to make repairs, the code allows the Water System to take them to court. If the court rules that the issue is a nuisance (Section 122-305), then the court would order the property owner to make the repair. If not repaired, the Water System can then make the repair and charge the property owner. If the property owner does not pay the Water System back, the County can lien the property. 

While we’ve never had to take this step, if a private issue did not get fixed and the Water System had to make the repair, we would try to work out a payment plan with the property owner. As part of the payment plan, we would file a lien agreement that ensures the Water System is paid if the property is sold. If the Water System repairs private infrastructure and costs are not recouped, then other rate payers are paying for that private repair.  In no way does this process end with the County owning the property.

The proposed lien language in Chapter 122 is in Chapter 50 of the current code. 

Yes. More than 60 local governments in Georgia fund stormwater services by charging properties a stormwater fee based on the amount of impervious surface on the property, including the cities of Acworth, Austell, Kennesaw, Powder Springs, and Smyrna. This practice began in Georgia in the early 2000s.

It is difficult for water to soak into a packed gravel surface. Once gravel is compacted, surface water runs off of it much like a paved surface. The gravel may slow the flow of water from the area, but will only reduce the amount of runoff minimally, if at all. In addition, if cars or heavy equipment are traveling on these gravel surfaces, runoff typically carries pollutants like metals or petroleum into our waterways.

All Water System customers in unincorporated Cobb County are currently paying a stormwater fee through water and sewer fees, whether they live in a subdivision with a private detention pond or not. People in subdivisions with private ponds need to contribute to the many stormwater services provided by the Water System, which entail much more than maintaining ponds. See How Cobb’s Services Compare. In addition, these customers benefit from the Water System maintaining any ponds upstream of them. Under the proposed fee, HOAs that provide documentation that they are maintaining their private ponds can apply for a stormwater fee discount for the properties in the subdivision that fund the maintenance.

In the late 1990s, the Water System began giving subdivision developers the option to dedicate detention pond lots to the County or to the HOA. Today, about 2/3 of developers choose to dedicate the pond to the HOA. When the Water System owns a detention pond, we provide functional maintenance, but we do not provide aesthetic maintenance (i.e. mow it on a regular basis).

A plat is the formal record of your subdivision as recorded with the Superior Court. Files are available online at the Superior Court Clerk at: www.cobbsuperiorcourtclerk.com/records-search. Search by subdivision name in the real estate records. For video instructions on how to find the plat for your property, click here. 

A credit manual will be published that provides guidance on specific actions that property owners can implement to reduce their stormwater bill.