When your neighbor is the problem…tough talk on drainage issues

It’s the most common way drainage conversations start in our office:

“Ashland Soil and Water Conservation District, this is Jane. How can I help you?”

“My neighbor is causing my property to flood. It never did this before until this new ya-hoo moved in. Now what are you going to do to make them fix it?”

When the conversation starts like this, I can almost guarantee the person who called our office is not going to leave the conversation happy. Now here’s why.

As Ashland County’s population grows, neighborhood drainage issues are becoming a more and more common. And let’s be honest: if you purchased a parcel and built a house on what used to be a farm field, chances are there’s a pretty good reason the farmer sold off that particular area (hint: it’s often because that’s where the field laid wet and the farmer had a hard time farming it).

When someone calls in to our office with a drainage complaint, it’s usually because they want our staff to force their neighbor to fix the problem or at least to serve as an intermediary. And this is where the problem begins.

Ashland County does not have stormwater regulations, except within the city of Ashland itself. Quite simply, there are no regulations for our office to enforce. We simply do not have the authority to require your neighbor to make a change that will fix your drainage problem even if we wanted to.

And to be clear, we don’t want to force people to implement practices or changes even if we had the authority. Soil and water conservation districts are built upon the foundational idea of helping landowners implement voluntary conservation practices.

That means we do not settle disputes between neighbors and we can’t and don’t force your neighbor to “fix the problem” to your satisfaction. However, if you and your neighbor(s) agree to work together, then we can provide technical assistance recommendations for solutions.

For complex drainage issues or concerns, our staff may suggest that you consult with a civil engineer. Yes, those costs are paid for at your own expense, and no, there is no cost-share program to help cover the burden of those expenses.

The key thing to remember about drainage issues is that our SWCD office is not an enforcement agency. We are happy to explain the basics of Ohio Drainage Law, but it’s important to remember that no one on our staff attended law school either. So when we talk about Ohio Drainage Law, we are not providing legal advice. If you would like specific legal advice, consult with your attorney. And just like when consulting with a civil engineer, you bear the expense.

However, in general terms, Ohio Drainage Law is pretty clear: All surface water is owned by the state of Ohio, and landowners that receive surface water must not impede or block the natural flow of that water.

Most landowners are looking for us to provide a solution that will either prevent surface water flowing onto their property in the first place or moving it off of their property as quickly as possible. As you can see, Ohio Drainage Law does not allow you to prevent or restrict surface water from flowing onto your property. In most situations, our staff recommend solutions to slow the surface flow by diverting or retaining water while the discharge flows naturally, the way nature intended.

It’s important to remember that while our staff can recommend practices to help minimize drainage issues, it is up to you as the landowners to implement those practices. We can provide guidance, recommendations and examples, but we cannot force you (or your neighbor) to follow our advice. And despite most people’s insistence that their neighbor is the one causing the problem, we do not have the authority to go onto your neighbor’s property without permission to investigate a drainage complaint.

So if solving drainage issues is not within our authority, who does the responsibility fall to? You may not like this answer either: it’s up to you and your neighbor to come up with a solution together. If you and your neighbor simply can’t agree on how to address a drainage concern, it may be time to pursue legal action or court-appointed mediation. But again, any legal expenses incurred are the responsibility of the landowners involved.

Ideally, you and your neighbor can work together to share the expense of implementing a solution that benefits you both. When you just can’t seem to see eye to eye, civil court may be your only option.

But it’s important to really consider if your disagreement rises to the level of a civil suit. Is your property being devalued by the drainage issues or is it just inconvenient? Is it the result of seasonal rains or a year-round problem? Is it life threatening? Is your property located within one of Ashland County’s many floodplains or a wetland?

So what does this mean for you? Feel free to call our office with drainage concerns….but realize the scope of our authority and limitations. It’s always helpful to our staff if you can document your drainage issues with dated pictures, videos and receipts of repairs resulting from stormwater damage in a dated folder. This information helps our staff understand the issues you are facing will be important if the landowner chooses to resolve the concern in civil court.

Our staff is always available to provide technical assistance or advice; just give us a call at 419-281-7645 to schedule a site visit.