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May 13, 2026
Pennsylvania Supreme Court Decision May Impact Municipal Stormwater Charges Statewide
The Pennsylvania Supreme Court recently determined that the stormwater management fees charged by a municipality based upon the amount of impervious surface on a property are not fees for a service but constitutes a local tax. The Borough of West Chester v. Pa. State System of Higher Education, 9 MAP 2023 (2026) (no citations provided). In response to federal and state mandates for the regulation and management of stormwater runoff caused by development, many municipalities have imposed “stormwater management fees” upon property owners in proportion to the amount of impervious surface on each property. However, in a recent decision issued by the Pa. Supreme Court, stormwater management charges are not fees, but are local taxes, which otherwise under municipal tax law are not permissible. This decision will have a great impact of the propriety of the municipal stormwater service charge being charged by various municipalities.
If you are impacted by such a charge, you may consider further action to challenge that fee.
For questions or info contact: Barbara Kirk
