§ 614 - Transfer of stormwater discharge permits to a municipality
§ 614. Transfer of stormwater discharge permits to a municipality
(a) The failure of the residential subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the residential subdivision or affect marketability of title of real property within the residential subdivision, provided that:
(1) The residential subdivision transfers a pretransition stormwater permit to a municipality according to the requirements of subsection 1264(i) of Title 10;
(2) Property owners within the residential subdivision record in the land records:
(A) The deed or other legal document of conveyance of the stormwater system to the utility; and
(B) A notice indicating that the stormwater utility has assumed responsibility for the permitting of the stormwater system located in the residential subdivision.
(b) The definitions found in section 1264 of Title 10 and subsection 613(a) of this title apply to this section unless otherwise indicated. For the purposes of this section, "residential subdivision" means land identified and demarcated by recorded plat or other device that a municipality has authorized to be used primarily for residential construction. (Added 2007, No. 130 (Adj. Sess.), § 6, eff. May 12, 2008.)