Warren Co SWCD
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drainage assistance

Helping you help your land...

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drainage


As defined in the Ohio Revised Code (ORC 6117.01) "Drainage" or "waters" means flows from rainfall or otherwise produced by, or resulting from, the elements, storm water discharges and releases or migrations of waters from properties, accumulations, flows, and overflows of water, including accelerated flows and runoffs, flooding and threats of flooding of properties and structures, and other surface and subsurface drainage.

DRAINAGE AROUND YOUR HOME

Drainage problems in your yard and around your home can be frustrating.  The staff at Warren SWCD can help!  We can help with technical solutions and help guide you to a reputable contractor to carry out those solutions.  Give us a call and we will set up a site visit appointment to look at your drainage issues.
Drainage Around Your Home  | Hamilton County SWCD
Our neighboring soil and water conservation district put together a concise informational page about drainage around your home.

dRAINAGE DISPUTES with neighbors

Water flow does not understand property lines, but people do!  Sometimes neighbors don't agree on the best way to manage their land and water.
  • Simply stated, water should enter and leave your property where it did prior to any construction or earth disturbing activities. Changing the flow of water in a manner that causes damage to an upstream or downstream neighbor may result in legal liabilities for those damages.
  • A landowner is entitled to a reasonable use of the water that flows across her/his land, as long as the water is returned to its natural watercourse. This includes ponding water behind a dam for personal use or making drainage improvements to protect structures.​
  • There is no government agency, which has any authority to issue orders or otherwise resolve conflicts over water rights or drainage problems between neighbors. The exception may be the few cities, which have drainage or stormwater ordinances.
  • Warren SWCD can assist landowners who voluntarily wish to correct drainage problems. 

dRAINAGE LAW SUMMARY

  • Ohio laws governing water rights and drainage are complex since they have been determined by case law which is constantly evolving. Serious disputes between landowners are often settled in court on a case-by-case basis.
  • Landowners are generally required to accept the water that flows onto their property in a natural water course, so long as no additional water from another watershed has been added to such flow; subsurface drainage (clay or tile) that has been installed for more than 21 years is considered a natural water course.
  • Landowners are generally obligated to outlet a natural water course onto their downstream neighbor at the same point the water left the property prior to any development of the site. Changing the flow of water (i.e. volume, direction or velocity) in a manner that causes damage to an upstream or downstream neighbor may result in legal liabilities for damages.
  • At this time, the authority to issue orders or resolve conflicts over water rights or drainage problems between neighbors lies with the common pleas court.
MORE O​HIO DRAINAGE LAW INFORMATION
Title [61] LXI Water Supply - Sanitation - Ditches  | Ohio Revised Code
The Ohio Revised Code details many drainage provisions in Ohio.  

Ohio's Drainage Laws - An Overview: Bulletin 822 | The Ohio State University Extension
This publication produced by The Ohio State University Extension office is a great overview of Ohio's drainage law.  
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  • Home
    • About
    • Contact Us
    • NRCS Partner
    • Board Supervisors
    • Staff
    • Employment Opportunities
    • Volunteer Opportunities
  • Events
    • AG Chat Series
    • Urban Chats
    • Stream Clean Ups
    • Stream Encounters
    • Tree Sale
  • Technical Services
    • Land Preservation
    • Property Owner Assistance >
      • Drainage, Pond & Stream Assistance
      • Soils & Erosion Assistance
      • Dam Safety Program
      • Test Your Water
    • Backyard Conservation >
      • Ohio Native Plants
      • Rain Gardens
      • Rain Barrels
      • Composting
    • Agriculture >
      • Cover Crops
    • Urban >
      • Stormwater Basin Inspection Program
      • Illicit Discharge Detection Program
      • GIS/Mapping
      • Natural Resource Review
    • Earth Disturbing in Warren County
  • Education
    • Programs
    • Virtual Classroom
    • Program Loan Portal
    • Contests
    • Scholarship Opportunities
    • HS Envirothon
    • Educator Workshops
  • Caesar Creek Collaborative
  • Operation Rain Garden
  • Media
    • Conservation Connection: A Blog
    • Education Connection: A Blog
    • Newsletters
    • Annual Reports
    • Articles