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Recovery of past CAM overcharges depends on your specific lease terms, including any audit rights deadlines or ‘binding and conclusive’ provisions, and on applicable state law.

State statute of limitations periods apply to written contracts and range from 3 to 10 years. Your actual lookback window may be shorter based on your lease.

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  1. Home
  2. /Glossary
  3. /Stormwater Management

Stormwater Management

Last updated: April 2026

The systems and practices used to manage rainwater runoff on a commercial property, including storm drains, retention ponds, bioswales, and drainage infrastructure. Stormwater management fees and maintenance costs may be passed through as CAM expenses.

Technical Definition

Stormwater management for commercial properties includes maintaining storm drain inlets, underground piping, detention and retention basins, bioswales, permeable pavement systems, and oil-water separators. Many municipalities assess stormwater utility fees based on impervious surface area. These fees, along with routine maintenance (drain cleaning, basin inspection, sediment removal), are operating expenses. Major infrastructure projects (installing new retention systems, regrading drainage) are capital expenditures.

How This Gets Abused

A landlord installed a new stormwater retention system to comply with updated municipal codes at a cost of $210,000. The full installation cost was passed through CAM in a single year as "drainage maintenance." The retention system had a 25-year useful life and should have been either excluded from CAM (as a code compliance capital cost) or amortized.

Tenant Protection Tip

Check whether stormwater charges on your reconciliation are routine maintenance fees or capital infrastructure costs. Municipal stormwater fees are typically a fixed annual charge and should not spike unexpectedly. Large drainage-related expenses likely involve capital work.

Related Terms

Operating ExpensesCapital ExpenditureLandscaping
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Related Resources

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Need to extract lease terms before your audit?

A CAM audit is only as accurate as your lease data. lextract.io extracts 126 structured fields from any commercial lease PDF: CAM definitions, pro-rata share, caps, base year, and audit rights. So you have the exact terms your landlord is supposed to follow.

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This page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.

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