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Does anyone know if it's fine for someone with a city storm drain on their private property to cover it up while leveling their backyard? I've already emailed the county's water department to ask about the legality (and whether it's even a county drain) but I'd like to know whether this will increase chance of flooding to the adjacent property.
The grate is flush to the ground, which our surveyor said was a cheaper choice by the neighborhood developer instead of putting one of those big concrete boxes that stick out of the ground, however I'm not sure if their choice of a flat one means it's any less important for storm drainage. The underground pipe that runs along the easement (between the two properties) also collects water from the curb but I'm concerned about what effect packing dirty and laying sod on top of the secondary drain that's in the neighbor's yard might have in case of a heavy storm.
Anyone have an experience with a neighbor changing the lot's original natural water diversion system?
Thanks!
Last edited by 459387652; 10-20-2015 at 01:43 PM..
In our city, he would need a grading permit to do what he's doing anyway, and that would lead to an inspector going over the lot when the grading is finished.
Yes, it's a bad idea to cover up a storm drain, especially since there's probably a drainage easement and your neighbor could wake up to find city/county backhoes uncovering it.
I would call the local planning/codes office and ask them.
I did get the number for the permit/code office, so thanks for that advice.
They've been nasty to the neighbors except for the HOA board members, so we're not really concerned about getting involved with them about making sure they have a permit or not. And if the county has to dig up their fence to get to uncover the drain then that also won't be our problem.
I just have no idea how much one small drain can make a difference in collecting moderate rain water and heavy snow melt. If it's cause for concern we'll be keeping an eye on our sump pumps to make sure they're in good shape.
I did get the number for the permit/code office, so thanks for that advice.
They've been nasty to the neighbors except for the HOA board members, so we're not really concerned about getting involved with them about making sure they have a permit or not. And if the county has to dig up their fence to get to uncover the drain then that also won't be our problem.
I just have no idea how much one small drain can make a difference in collecting moderate rain water and heavy snow melt. If it's cause for concern we'll be keeping an eye on our sump pumps to make sure they're in good shape.
The drain, even if it's small, is there for a reason.
Water flows downhill, and it happens quickly. If I were now downhill thanks to a neighbor's "landscaping," I certainly would be proactive rather than reactive.
Keep after the county people. Most places have laws specifically against altering water flow such that it affects neighbors. The county's storm water management people will know.
As far as it clogging it up. It can. In fact, unless they made efforts to stop it, it almost certainly will.
The drain, even if it's small, is there for a reason.
I agree.
Quote:
Originally Posted by Sherifftruman
Keep after the county people. Most places have laws specifically against altering water flow such that it affects neighbors. The county's storm water management people will know.
As far as it clogging it up. It can. In fact, unless they made efforts to stop it, it almost certainly will.
Thanks for the feedback. I'm not sure if this will affect us for sure since the land now is pretty flat (they didn't build a giant hill or anything to make it painfully obvious the rainwater would get dumped on us), but I'm still concerned the drain might be packed with dirt. If it's packed with enough dirt, then the main drain at the street curb will have issues. But again, if it gets blocked, that's their yard that will get a nice visit from the county and not ours since it runs into their lot. Just gotta find out if it's an official county easement.
I have no clue whether maybe they laid a piece of metal or whatever over it but it looks like they just hired a mini excavator guy to flatten the backyard. If they were as pleasant as the previous neighbors then I'd just go over and bring up drain concerns but they're already at the defense by telling people they used to be the prior HOA leaders, they work for so-and-so, etc. Too exhausting so I'm trying to see how we can have the county step in.
It may not be an "official" easement but if it's there it was likely required as part of site plan approval.
Right? I doubt the developer would spend more money putting one of those in if it wasn't required. The easement and drain pipe is labeled on all the surveyor plats, even the ones dating back from when the neighborhood was built.
The other part is they fenced in a chunk of land that's legally not theirs. One of the trench/hills for diverting water ran through the chunk that that I believe belongs to another neighborhood. It's labelled as conservation area on the recent neighborhood plats. But our HOA president said it's not his problem so we have to wait until the neighborhood who owns it sends out their yearly group to take a look around this area under their responsibility and see what they want to do about that surprise.
I just want to avoid a flooded basement this season!
I mentioned the official part because not all drainage structures are an easement. Many are not so it's up to the property owner to maintain it and not some governmental entity. Your neighbor is playing a bit with fire if he's doing resculpting and covering drainage.
If he hasn't done a new site plan and gone through the process he may end up spending more than he planned, as well as being cited. In some areas it could be a criminal citation.
Here in MD it's not unheard of to impose fines, file charges and require the land to be put back into its original condition.
Keep on the county storm water guy. That is your best hope. People might ignore the HOA, but not the county because they can fine them much more easily.
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