Realtors and New Property Owners
BMP Real Estate Disclosure
Since approximately the year 2000, TRPA has required the BMP Status of a property within the Tahoe Region to be disclosed during real estate transactions. TRPA currently requires disclosure of a property’s BMP status instead of actively enforcing BMP installation at the point-of-sale.
TRPA Code of Ordinances 60.4.4.C - BMP Retrofit Program Disclosure Requirements
“Owners of property for sale shall, prior to sale, disclosure to a purchaser the property’s BMP status on a TRPA approved form. The purchaser of the property shall provide the disclosure form to TRPA within 30 days of sale.”
Following TRPA Governing Board approval of the BMP Action Plan on February 25, 2014 and after a year-long negotiation with stakeholders, an enhanced disclosure form that can be completed and submitted electronically became available for use. The enhanced form references TRPA’s authority to impose fines not to exceed $5,000 per day for any violation of TRPA ordinances or regulations as stated in the 1980 Bi-State Compact . TRPA prefers property owners use funds to install and maintain BMPs and would notify property owners in writing through certified mail before imposing any fines. TRPA currently focuses their limited resources on BMP compliance for commercial and large multi-family residential land uses which generate higher pollutant loads.
Real Estate professionals serve as an important resource to promote BMP education at the point-of-sale by helping to inform purchasers of the disclosure requirement and on how to submit the form within 30 days of sale. TRPA will inform the Governing Board of how well the enhanced BMP disclosure process is working at the next four-year Regional Plan Update when consideration of requiring BMP installation at the point-of-sale is revisited.
Wood Heater Retrofit Form
Prior to transferring ownership of any building, the seller must complete the
Wood Heater Retrofit Form and submit it to the Tahoe Regional Planning Agency