Policies, Procedures and Plans

Stormwater Management Program Strategic Plan

The Johnson County Stormwater Management Program was created in 1990 after implementation of a county-wide sales tax. In 2016 the Stormwater Management Program updated the programs strategic plan in an effort to:

  • Meet the changing needs and priorities for Johnson County communities
  • Keep up with the evolution of stormwater practices
  • Increase County influence on overall stormwater management practices
  • Create a long term financial plan

Policies and Administrative Procedures

The Stormwater Management Program operates and functions as defined in the Board of County Commissioner approved Program Policies and Administrative Procedures. These policies and procedures are reviewed on a regular basis and revised as necessary to meet the changing needs of the cities and the changing requirements for stormwater management.

101: General Statement of Purpose
This policy, adopted by the Board of County Commissioners (Board) for the County Stormwater Management Program (Program), is intended to promote interlocal cooperation in stormwater management activities between the County Government and the Cities. This policy establishes a structure through which the County Government may provide financial and other assistance to the Cities and the County for planning, design, and construction of stormwater management projects to provide an adequate, safe, and integrated stormwater management system throughout the County and the neighboring communities.

Pursuant to Resolution No. 76-90, the Board created a Stormwater Management Advisory Council (SMAC) to identify and recommend projects to be funded by the Program. Annually, Program staff shall prepare and present to SMAC, and request a consideration for recommendation to the Board of the subsequent fiscal year's program and budget that is in accordance with the Program's Administrative Procedures. This annual program will be the basis for funding allocations.

Pursuant to Resolution No. 68-16 the Board adopted a Strategic Plan which aligns the Program with national trends and best practices in stormwater management. The Strategic Plan shifts the overall funding approach and project criteria to the watershed scale.

102: Application of Policy
This Policy shall be effective and shall apply from the date of its adoption to all actions of the Board which relate to the expenditure of funds from the Stormwater Management and Flood Control Fund for the planning or review, analysis, design, and construction of stormwater management projects and facilities.

Nothing contained in this Policy shall affect any agreement or authorization of expenditures that were approved and effective prior to the adoption of this Policy.

103: Board Responsibilities
The Board shall review, modify, and approve the annual program as recommended by SMAC to guide the subsequent fiscal year’s expenditures; define the terms, conditions, and qualifications of all agreements; and establish and authorize policies for the Program.

104: Policy and Administrative Procedures Review, Revision, and Authority
As necessary, the Board can review the Program’s Policy and may change or supplement the Policy as necessary. This Policy is adopted pursuant to the authority of the Board of County Commissioners under K.S.A. 19-101 and other statutory provisions.

The County Manager, under the direction and supervision of the Board, shall be responsible for establishing Administrative Procedures to ensure, to the extent practical, consistent administration of the Program. 
 

201: Eligible Participants
Any City located within Johnson County, having signed the Stormwater Management and Flood Control Agreement and the Watershed Organization Agreement(s) is eligible to participate with the Program. The County shall be eligible for funding of projects which are in the unincorporated areas of the County. The Program can fund projects which are associated with regional stormwater management activities and efforts.

202. Eligible Projects
Eligible projects must meet the criteria for Stormwater Management projects as defined in the Administrative Procedures. Funding for projects must be included in the annual Program budget.

301: Funding Sources
Without limiting the Board's authority to establish alternative or supplementary funding mechanisms, annual funding for the Program shall be provided through the levy of a County-wide, one-tenth of one percent sales tax to support Stormwater Management and Flood Control as provided by Resolution No. 38-90. The Program’s annual authorized expenditure shall not be more than the amount of revenue estimated to be derived from the County-wide sales tax, the associated compensating use tax, and all interest derived from the investment of stormwater management funds; any grants, contributions or fees associated with the Program; and any unused balance from prior years' annual program.

Funding for the Program will be contingent upon an annual budget appropriation by the Board, and all appropriations or authorization of expenditures shall be strictly contingent on the availability of funds to the County.

It is the general policy of the Board to establish and maintain the Program on a "pay-as-you-go" cash basis. However, if debt-financing or other alternative funding options can have a positive return-on-investment, then those options can be considered. The Board must take specific action for any funding scenarios that are not "pay-as-you-go".

302: Funding Participation
The Board may provide financial assistance for eligible Program projects, through agreements, for a percentage of the local share of estimated project costs. The participation percentage may be any amount but, in general, shall be (50%) for stormwater management projects. The eligible local share of such costs shall be defined in the Administrative Procedures.

To maintain project funding flexibility due to unforeseen costs of implementing projects, the Program shall have the authority to fund additional project costs in an amount not to exceed $100,000 total project cost, or 10% of the total project cost, whichever is greater.

In no event shall the Program be obligated to pay any amount which exceeds the authorized expenditure or budget appropriation or for which funds are not available to the County.

303: Use of Funds and Unexpended Funds
Funding provided for a stormwater management project through an Agreement shall be used to finance the study, planning, design, and construction of that specific project and for no other purpose. Any funds allocated for a project through an agreement, but which are not expended for eligible project costs shall accrue and be returned to the Program account to be reallocated to future projects. 

401: Program Administration
The Program Manager shall administer the Program in accordance with all applicable policies, procedures, and directives of the Board.

The Program Manager shall submit reports to the Board, when requested, concerning the status of all ongoing projects and the projected revenues and expenditures under the Program. The Program Manager shall coordinate with the Watershed Organizations to develop projects for consideration and meet with SMAC as required to discuss stormwater management related items and once each year to receive recommendations for the Board for the subsequent year’s Program and annual budget.

402: Agreements
Agreements between the Board and the participating cities, in the standard form and with the contents to be established by the Administrative Procedures, shall be executed for projects funded by the Program. The Program shall not participate in the funding of any project with a City for which an appropriate agreement has not been executed.

The Chairman of the Board of County Commissioners is authorized to execute agreements on behalf of the Board, without separate action or approval of the Board, for any approved project included in the annual program. Executed City/County agreements shall be filed with the Board and recorded in the Board's official Minutes and Journal.

403: Indemnification and Hold Harmless
The City administering any projects approved and authorized under the Program shall be designated the Project Administrator and shall agree to indemnify and hold the County and its officials and agents harmless for and from any cost, expense, or liability not expressly agreed to by the County, or which result from acts or omissions of the City, its contractors, or agents or from compliance with this Policy or the Administrative Procedures.

Watershed Master Plans

Map of Johnson County with six watersheds labeled

The Stormwater Management Program developed watershed master plans that identify, evaluate, and address a broad scope of watershed needs. Prior watershed plans had focused almost exclusively on point-specific flooding problem areas within individual cities. The approach of the updated master plans focuses on broad watershed benefits for a wide array of areas. This holistic approach to watershed management aligns with the program mission statement.

Mission Statement:

“To encourage solutions with a watershed-based approach for protecting human lives and property, modernizing infrastructure, improving water quality, conserving natural resources and promoting appropriate use of waterways”

The watershed planning approach focused on developing actions that align with the following four objectives:

  • Target the highest risk areas based on risk scoring metrics.
  • Align with the SMP’s stated objectives of protecting human lives and property, improving watershed health, and conserving natural resources.
  • Use opportunities in the watershed for multi-objective benefits.
  • Provide the greatest overall impact to the watershed, not just local or isolated impacts.

View the Watershed Master Plans for each watershed:

GIS Portal Map

Project Procedures (City & SMAC Partners Only)

Applications for Preliminary Project Studies (PPS) can be submitted year round. The funding process for a is summarized below. For additional information, please refer to Provision 5 and Exhibit A of the SMP Administrative Procedures. The SMP can provide examples of previously completed PPS upon request.

  1. Application Submittal: The Watershed Organization (WSO) member (the city requesting funding) submits a PPS request/application to SMP staff for review. SMP staff will review the request and provide feedback. After comments have been addressed, the application can be presented to the WSO.
  2. Application Approval: The SMP will organize a meeting for the WSO where the PPS will be presented to the WSO. The WSO will vote to approve or deny funding for the PPS.
  3. Agreement: If approved, the WSO member will coordinate with SMP staff to set up an agreement per Provision 12 of the SMP Administrative Procedures. After the agreement is in place, the WSO member can move forward with completion of the PPS and may submit reimbursement invoices to the SMP.
  4. PPS Submittal: Following completion of the PPS, the WSO member shall submit the PPS to the SMP for review. SMP staff will review the PPS and provide feedback. After comments have been addressed, the final PPS can then be presented to the WSO for approval.
  5. PPS Approval: The WSO member will present the PPS to the WSO and request funding for design and construction of the selected project alternative. If approved, the project will be placed on the Projects Eligible for Future Funding List for the year desired by the WSO member.

Design of Watershed Improvement Projects can be initiated following approval of the PPS. The funding process for design of Watershed Improvement project is summarized below. For additional information, please refer to Provision 5 and Exhibit H of the SMP Administrative Procedures.

  1. Agreement: The Watershed Organization (WSO) member (the city requesting funding) will coordinate with SMP staff to set up an agreement per Provision 12 of the SMP Administrative Procedures, following approval of the Preliminary Project Study (PPS) by the WSO. After the agreement is in place, the WSO member can proceed with design of the project.
  2. Design Phase: The WSO member will present project updates to the WSO during regularly scheduled meetings throughout the design phase of the project and may submit reimbursement invoices to the SMP.
  3. Design Submittal: Upon completion of the design plans, the WSO member will submit the completed plans and plan submittal checklist items per Exhibit H of the SMP Administrative Procedures. After comments have been addressed, the SMP reviewer will sign the cover sheet of the design plans.
  4. Additional Funding: Should the need for additional design or construction funds be identified throughout the design process, a request for additional funding can be presented to the WSO for approval.

Construction of Watershed Improvement Projects can be initiated following the design phase. The funding process for construction of a Watershed Improvement project is summarized below. For additional information, please refer to Provision 5 of the SMP Administrative Procedures.

  1. Agreement: The Watershed Organization (WSO) member (the city requesting funding) will coordinate with SMP staff to set up an agreement per Provision 12 of the SMP Administrative Procedures, following approval of the final design plans.
  2. Construction Phase: After the agreement is in place, the WSO member may proceed with construction of the project and and may submit reimbursement invoices to the SMP. The WSO member will present project updates to the WSO during regularly scheduled meetings throughout the construction phase of the project.
  3. Project Closeout: Following construction, the WSO member will coordinate with SMP staff to close out the project.
  4. Additional Funding: Should the need for additional construction funds be identified throughout the construction process, a request for additional funding can be presented to the WSO for approval.

Applications for Small Water Quality Improvement Projects (SWQIP) can be submitted year round. The funding process for a SWQIP is summarized below. For additional information, please refer to Provision 5 and Exhibit D of the SMP Administrative Procedures.

  1. Application Submittal: The Watershed Organization (WSO) member (the city requesting funding) submits a completed application using Exhibit D from the SMP Administrative Procedures to SMP for review.
  2. Application Review: SMP staff will reivew the application and provide feedback. After comments have been addressed, the application can be presented to the the WSO.
  3. SWQIP Approval: The SMP will organize a meeting for the WSO where the SWQIP will be presented to the WSO. The WSO will vote to approve or deny funding for the SWQIP.
  4. Agreement: If approved, the WSO member will coordinate with SMP staff to set up an agreement per Provision 12 of the SMP Administrative Procedures. After the agreement is in place, the WSO member may proceed with construction of the project and can submit reimbursement invoices to the SMP.

Applications for the Home Buyout Program can be submitted year round. The funding process for the home buyout program is summarized below. For additional information, please refer to Provision 7 and Exhibit F of the SMP Administrative Procedures.

  1. Project Identified: The need for a home buyout is identified by the Watershed Organization (WSO) member (the city city requesting funding) and the property owner of said home.
  2. Application Submittal: The WSO member compiles the necessary information and submits a completed application using Exhibit D from the SMP Administrative Procedures to SMP for review.
  3. Application Review: The SMP will review the application and determine is funds are available.
  4. Project Approval: If funding is available and the project meets SMP requirements, the project is initiated. The WSO member will coordinate with SMP saff to set up an agreement. After the agreement is in place, the funds can be distributed. Alternatively, the project may be placed on the Projects Eligible for Future Funding list.

The typical deadline for System Management Project applications is January 31st. The SMP will communicate with the WSO members regarding application submittal deadlines. The funding process for System Management inspection projects is summarized below. For additional information, please refer to Provision 6 and Exhibit E of the SMP Administrative Procedures, and the Strategic Asset Management Plan (SAMP), and the SAMP addendum.

  1. Application Submittal: The Watershed Organization (WSO) member (the city requesting funding) can submit an application using the SMP Proposal Creator Web Application. Please note that the Proposal Creator can be utilized to generate a cost estimate for the project; however, it is highly encouraged that the WSO member complete their own engineer's opinion of probable cost due to limitations of the Proposal Creator tool. The SMP cannot reimburse for costs in excess of the dollar amount in the application and cannot process change orders for System Management Projects.
  2. Application Review: SMP staff will review the application and provide feedback. After comments have been addressed, the application will be placed on a preliminary funding list. Project applications will be sorted based on overall project risk score and approved by SMP staff as funding allows. Projects applications not approved for funding for the upcoming fiscal year are eligible to be placed on the Projects Eligible for Future Funding List for the year desired by the WSO member.
  3. Intent to Fund: SMP staff will send out an Intent to Fund Letter to the WSO member if the project is approved for funding. The WSO member may elect to accept funding for the upcoming fiscal year or defer the project to a future funding year, in which case the project will be placed on the Projects Eligible for Future Funding List for the year desired by the WSO member.
  4. Agreement: If the WSO member accepts funding for the upcoming fiscal year, the WSO member will coordinate with SMP staff to set up an agreement per Provision 12 of the SMP Administrative Procedures. After the agreement is in place, the WSO member may proceed with the project and can submit reimbursement invoices to the SMP.
  5. Plan Submittal: Prior to bidding the project, the WSO member will submit plan submittal (pre-bid) checklist items per Provision 6, Section 7 of the SMP Administrative Procedures. After comments have been addressed, the SMP reviewer will sign the cover sheet of the design plans or the project specifications.
  6. Construction Submittal: Prior to construction activities, the WSO member will submit construction submittal (prior to construction) checklist items per Provision 6, Section 7 of the SMP Administrative Procedures. After comments have been addressed, the SMP reviewer will provide the WSO member with a Notice to Proceed for construction activities.
  7. Project Closeout: Following completion of construction, the WSO member will coordinate with SMP staff to close out the project.

The typical deadline for System Management Project applications is January 31st. The SMP will communicate with the WSO members regarding application submittal deadlines. The funding process for System Management inspection projects is summarized below. For additional information, please refer to Provision 6 and Exhibit E of the SMP Administrative Procedures, and the Strategic Asset Management Plan (SAMP), and the SAMP addendum.

  1. Application Submittal: The Watershed Organization (WSO) member (the city requesting funding) can submit an application using the SMP Proposal Creator Web Application. Please note that the Proposal Creator can be utilized to generate a cost estimate for the project; however, it is encouraged that the WSO member provide a separate cost estimate to ensure more accurate pricing. The SMP cannot reimburse for costs in excess of the dollar amount in the application and cannot process change orders for System Management Projects.
  2. Application Review: SMP staff will review the application and provide feedback. After comments have been addressed, the application will be placed on a preliminary funding list. Project applications will be sorted based on overall project risk score and approved by SMP staff as funding allows. Projects applications not approved for funding for the upcoming fiscal year are eligible to be placed on the Projects Eligible for Future Funding List for the year desired by the WSO member.
  3. Intent to Fund: SMP staff will send out an Intent to Fund Letter to the WSO member if the project is approved for funding. The WSO member may elect to accept funding for the upcoming fiscal year or defer the project to a future funding year, in which case the project will be placed on the Projects Eligible for Future Funding List for the year desired by the WSO member.
  4. Agreement: If the WSO member accepts funding for the upcoming fiscal year, the WSO member will coordinate with SMP staff to set up an agreement per Provision 12 of the SMP Administrative Procedures. After the agreement is in place, the WSO member may proceed with inspections and can submit reimbursement invoices to the SMP.
  5. Project Closeout: Following completion of inspections, the WSO member will coordinate with SMP staff to close out the project.

Capital Project List and Five-Year Preliminary Funding Plan

The Capital Project List is the list of projects recommended to the Board of County Commissioners to be funded in the next fiscal year. While the Board wishes to encourage construction of projects in the order of priority, this may not be practical because of funding or other limitations of a city’s ability to participate. To allow cities to plan for upcoming projects, the Stormwater Management Program maintains a Five-Year Preliminary Funding Plan. A city that is ready to proceed and has the necessary matching available may elect to accept funding for the upcoming fiscal year.

Once a project is accepted by the Stormwater Management Program, it will be placed on the appropriate Projects Eligible for Future Funding list. The lists serve as the basis for selecting the projects to be placed in the Five-Year Preliminary Funding Plan. The program will maintain and update the lists throughout the year and will inform the city of submission deadlines for projects to be included on the lists. The Five-Year Preliminary Funding Plan encompasses both projects to be funded in the next fiscal year as well as projects in out years. Those projects in the preliminary funding plan out years are not guaranteed funding, and the Manager shall make revisions to the list as needed.