Design: Stormwater

Environmental Protection Agency (EPA) Stormwater Management Preferred Practices

Bioretention Cells

A bioretention cell or rain garden is a depressed area with porous backfill (material used to refill an excavation) under a vegetated surface. These areas often have an underdrain to encourage filtration and infiltration, especially in clayey soils. Bioretention cells provide groundwater recharge, pollutant removal, and runoff detention. Bioretention cells are an effective solution in parking lots or urban areas where green space is limited.

Curb and Gutter Elimination

Curbs and gutters transport flow as quickly as possible to a stormwater drain without allowing for infiltration or pollutant removal. Eliminating curbs and gutters can increase sheet flow and reduce runoff volumes. Sheet flow, the form runoff takes when it is uniformly dispersed across a surface, can be established and maintained in an area that does not naturally concentrate flow, such as parking lots. Maintaining sheet flow by eliminating curbs and gutters and directing runoff into vegetated swales or bioretention basins helps to prevent erosion and more closely replicate predevelopment hydraulic conditions. A level spreader, which is an outlet designed to convert concentrated runoff to sheet flow and disperse it uniformly across a slope, may also be incorporated to prevent erosion.

Grassed Swales

Grassed swales are shallow grass-covered hydraulic conveyance channels that help to slow runoff and facilitate infiltration. The suitability of grassed swales depends on land use, soil type, slope, imperviousness of the contributing watershed, and dimensions and slope of the grassed swale system. In general, grassed swales can be used to manage runoff from drainage areas that are less than 4 hectares (10 acres) in size, with slopes no greater than 5 percent. Use of natural, low-lying areas is encouraged and natural drainage courses should be preserved and utilized.

Green Parking Design

Green parking refers to several techniques that, applied together, reduce the contribution of parking lots to total impervious cover. Green parking lot techniques include: setting maximums for the number of parking lots created; minimizing the dimensions of parking lot spaces; utilizing alternative pavers in overflow parking areas; using bioretention areas to treat stormwater; encouraging shared parking; and providing economic incentives for structured parking.

Infiltration Trenches

Infiltration trenches are rock-filled ditches with no outlets. These trenches collect runoff during a storm event and release it into the soil by infiltration (the process through which stormwater runoff penetrates into soil from the ground surface). Infiltration trenches may be used in conjunction with another stormwater management device, such as a grassed swale, to provide both water quality control and peak flow attenuation. Runoff that contains high levels of sediments or hydrocarbons (for example, oil and grease) that may clog the trench are often pretreated with other techniques such as water quality inlets (series of chambers that promote sedimentation of coarse materials and separation of free oil from storm water), inlet protection devices, grassed swales, and vegetated filter strips.

Inlet Protection Devices

Inlet protection devices, also known as hydrodynamic separators, are flow-through structures with a settling or separation unit to remove sediments, oil and grease, trash, and other stormwater pollutants. This technology may be used as pre-treatment for other stormwater management devices. Inlet protection devices are commonly used in potential stormwater “hot spots”—areas where higher concentrations of pollutants are more likely to occur, such as gas stations.

Permeable Pavement

Permeable pavement is an alternative to asphalt or concrete surfaces that allows stormwater to drain through the porous surface to a stone reservoir underneath. The reservoir temporarily stores surface runoff before infiltrating it into the subsoil. The appearance of the alternative surface is often similar to asphalt or concrete, but it is manufactured without fine materials and instead incorporates void spaces that allow for storage and infiltration. Underdrains may also be used below the stone reservoir if soil conditions are not conducive to complete infiltration of runoff.

Permeable Pavers

Permeable pavers promote groundwater recharge. Permeable interlocking concrete pavements (PICP) are concrete block pavers that create voids on the corners of the pavers (pictured to the right). Concrete grid paver (CGP) systems are composed of concrete blocks made porous by eliminating finer particles in the concrete which creates voids inside the blocks; additionally, the blocks are arranged to create voids between blocks. Plastic turf reinforcing grids (PTRG) are plastic grids that add structural support to the topsoil and reduce compaction to maintain permeability. Grass is encouraged to grow in PTRG, so the roots will help improve permeability due to their root channels.

Rain Barrels and Cisterns

Rain barrels and cisterns harvest rainwater for reuse. Rain barrels are placed outside a building at roof downspouts to store rooftop runoff for later reuse in lawn and garden watering. Cisterns store rainwater in significantly larger volumes in manufactured tanks or underground storage areas. Rainwater collected in cisterns may also be used in non-potable water applications such as toilet flushing. Both cisterns and rain barrels can be implemented without the use of pumping devices by relying on gravity flow instead. Rain barrels and cisterns are low-cost water conservation devices that reduce runoff volume and, for very small storm events, delay and reduce the peak runoff flow rates. Both rain barrels and cisterns can provide a source of chemically untreated “soft water” for gardens and compost, free of most sediment and dissolved salts.

Riparian Buffers

A riparian, or forested, buffer is an area along a shoreline, wetland, or stream where development is restricted or prohibited. The primary function of aquatic buffers is to physically protect and separate a stream, lake, or wetland from future disturbance or encroachment. If properly designed, a buffer can provide stormwater management and can act as a right-of-way during floods, sustaining the integrity of stream ecosystems and habitats.

Sand and Organic Filters

Sand and organic filters direct stormwater runoff through a sand bed to remove floatables, particulate metals, and pollutants. Sand and organic filters provide water quality treatment, reducing sediment, biochemical oxygen demand (BOD), and fecal coliform bacteria, although dissolved metal and nutrient removal through sand filters is often low. Sand and organic filters are typically used as a component of a treatment train to remove pollution from stormwater before discharge to receiving waters, to groundwater, or for collection and reuse. Variations on the traditional surface sand filter (such as the underground sand filter, perimeter sand filter, organic media filter, and multi-chamber treatment train) can be made to fit sand filters into more challenging design sites or to improve pollutant removal.

Stormwater Planters

Stormwater planters are small landscaped stormwater treatment devices that can be placed above or below ground and can be designed as infiltration or filtering practices. Stormwater planters use soil infiltration and biogeochemical processes to decrease stormwater quantity and improve water quality, similar to rain gardens and green roofs but smaller in size—stormwater planters are typically a few square feet of surface area compared to hundreds or thousands of square feet for rain gardens and green roofs. Types of stormwater planters include contained planters, infiltration planters, and flow-through planters.

Tree Box Filters

Tree box filters are in-ground containers used to control runoff water quality and provide some detention capacity. Often premanufactured, tree box filters contain street trees, vegetation, and soil that help filter runoff before it enters a catch basin or is released from the site. Tree box filters can help meet a variety of stormwater management goals, satisfy regulatory requirements for new development, protect and restore streams, control combined sewer overflows (CSOs), retrofit existing urban areas, and protect reservoir watersheds. The compact size of tree box filters allows volume and water quality control to be tailored to specific site characteristics. Tree box filters provide the added value of aesthetics while making efficient use of available land for stormwater management. Typical landscape plants (for example, shrubs, ornamental grasses, trees and flowers) are an integral part of the bioretention system. Ideally, plants should be selected that can withstand alternating inundation and drought conditions and that do not have invasive root systems, which may reduce the soil’s filtering capacity.

Vegetated Filter Strips

Filter strips are bands of dense vegetation planted downstream of a runoff source. The use of natural or engineered filter strips is limited to gently sloping areas where vegetative cover can be established and channelized flow is not likely to develop. Filter strips are well suited for treating runoff from roads and highways, roof downspouts, very small parking lots, and impervious surfaces. They are also ideal components for the fringe of a stream buffer, or as pretreatment for a structural practice.

Vegetated Roofs

Green roofs consist of an impermeable roof membrane overlaid with a lightweight planting mix with a high infiltration rate and vegetated with plants tolerant of heat, drought, and periodic inundations. In addition to reducing runoff volume and frequency and improving runoff water quality, a green roof can reduce the effects of atmospheric pollution, reduce energy costs, and create an attractive environment. They have reduced replacement and maintenance costs and longer life cycles compared to traditional roofs.

Related Links

Stormwater Non Point Discharge System (NPDES) in Richland County

In addition to requirements Richland County landowners follow for earthmoving activities through the Richland County Stormwater and Erosion Control Program, communities that have 1000 or more people per square mile must follow the Stormwater Non Point Discharge System (National Pollutant Discharge Elimination System) (NPDES) General Permit for Small Municipal Separate Storm Sewer Systems (MS4) to further effectively manage water pollution. The Richland County Commissioners are mandated by Ohio EPA to create and manage this added accountability for stormwater runoff. The NPDES (MS4) communities in Richland County are: City of Mansfield, City of Ontario, Village of Lexington, Madison Township, Mifflin Township, Springfield Township and Washington Township.

Stormwater runoff is generated when rain and snowmelt events flows over land or impervious surfaces and does not percolate into the ground. As the runoff flows over the land or impervious surfaces (paved streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment or other pollutants that could adversely affect water quality if the runoff is discharged untreated. The primary method to control stormwater discharges is the use of best management practices (BMPs). In addition, most stormwater discharges are considered point sources and require coverage under an NPDES/MS4 permit. 

Water pollution degrades surface waters making them unsafe for drinking, fishing, swimming, and other activities. Authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program for MS4 controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES/MS4 permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. In most cases, the NPDES/MS4 permit program is administered Ohio EPA. Since its introduction in 1972, the NPDES permit program is responsible for significant improvements to our Nation’s water quality. These regulations require designated communities to develop and implement a storm water management plan. This is accomplished by implementing six minimum control measures.

1. Public Education — BMPs for MS4s to inform individuals and households about ways to reduce stormwater pollution.
2. Public Involvement — BMPs for MS4s to involve the public in the development, implementation, and review of an MS4’s stormwater management program.
3. Illicit Discharge Detection & Elimination — BMPs for identifying and eliminating illicit discharges and spills to storm drain systems. Learn more about how to test for an IDDE.
4. Construction — BMPs for MS4s and construction site operators to address stormwater runoff from active construction sites.
5. Post-construction — BMPs for MS4s, developers, and property owners to address stormwater runoff after construction activities have completed. 
6. Pollution Prevention/Good Housekeeping — BMPs for MS4s to address stormwater runoff from their own facilities and activities. 

If there is a land disturbance within the NPDES/MS4 area it may require engineered plans. Please contact us as part of your planning process to find out. Our office can provide detailed steps of how a land use change can be made while still complying and how to work with EPA (Environmental Protection Agency) directly.

Richland Soil and Water Conservation District assists communities with a variety of public education, outreach, involvement and participation programs to help meet the requirements of the local MS4 management plan. These programs include electronic newsletters, social media platforms, website updates and workshops.

2024 Stormwater Theme: Pollution Prevention

For 2024 we will be looking at how to “Prevent Pollution” for this year’s MS4 Theme. But first, what is MS4? In addition to requirements Richland County landowners follow for earthmoving activities through the Richland County Stormwater and Erosion Control Program, communities with 1,000 or more people per square mile must follow the Stormwater Non Point Discharge System (National Pollutant Discharge Elimination System) (NPDES) General Permit for Small Municipal Separate Storm Sewer Systems (MS4) to further effectively manage water pollution. The Richland County Commissioners are mandated by Ohio Environmental Protection Agency (OEPA) to create and manage this added accountability for stormwater runoff. The NPDES (MS4) communities in Richland County are: City of Mansfield, City of Ontario, Village of Lexington, Madison Township, Mifflin Township, Springfield Township and Washington Township.

The EPA defines pollution prevention as “any practice that reduces, eliminates, or prevents pollution at its source before it is created.” It is important to prioritize doing this because pollution has many negative effects on human health and the environment.

The good news is, preventing pollution is something everyone can do. Throughout 2024 we will share different pollution prevention techniques to apply in your daily lives.

We all know that road salt is good, right? Road salt helps melt the snow and ice on the roads we drive on, so they are not as slippery during winter storms, but… is there a negative side to road salt? Unfortunately, there is, and the effects can be substantial.

Road salt can cause damage to your vehicles, health, and ecosystems. Have you ever noticed how vehicles primarily driven in states that use road salt rust out a lot quicker than vehicles in states that do not use road salt? Road salt contributes to cars rusting. Americans spread more than 20 million tons of salt on our roadways each winter.

So, the question is, how does all this salt affect us and the environment? First, it causes our roadways and bridges to break down. Then the salt goes into our waterways. If water pipes are in poor shape, lead may flake off and enter our drinking water potentially causing health problems.

Good water quality is important for everyone. We are especially mindful of it at Richland SWCD because it’s one of our areas of expertise. Did you know in Richland County, three watersheds above the Continental Divide flow to Lake Erie and five watersheds below the Continental Divide flow to the Ohio River and ultimately, the Gulf of Mexico? We don’t want to be a bad neighbor and pass along contaminated water to our neighbors. Find out more about watersheds and the Continental Divide in Richland County on our website.

An example of poor water quality was the added nutrients in water that contributed to the harmful algal blooms in Lake Erie and the oxygen dead zone in the Gulf.

We need to start utilizing more feasible alternatives that keep the roads safe while not damaging our health and environment. Placing sand on top of ice and snow provides traction for shoes and tires, but also absorbs sunlight to melt ice faster. Another alternative to salt as a deicer is to use beet juice. Beet juice allows for ice to melt at lower temperatures, and it is gentle on roads, plants, grass, cars, and concrete.

If salt must be used on roads, sidewalks, and parking lots, please apply it sparingly, so that you can help with Pollution Prevention.

The EPA (Environmental Protection Agency) defines pollution prevention as “any practice that reduces, eliminates, or prevents pollution at its source before it is created.” It is important to prioritize doing this because pollution has many negative effects on human health and the environment. The good news is, preventing pollution is something anyone can do. Taking actions like utilizing rain gardens can be helpful because it allows for water to be absorbed instead of it running off and picking up pollutants. Also, using rain barrels gives water a place to be stored until you are ready to use it so that harmful pollutants do not surface flow into our waterways. If you are interested in getting a rain barrel or rain garden, we can help you accomplish this.

Clean and Green: How to Prevent Plastic Pollution

This year’s MS4/NPDES permit theme is Pollution Prevention, highlighting its crucial role in protecting public health, preserving aquatic ecosystems, and ensuring clean water for future generations.

Alongside regulatory efforts, reducing the usage of single-use plastics emerges as a pivotal strategy in combating pollution. These plastics significantly contribute to stormwater pollution often ending up in waterways, where they harm wildlife and degrade ecosystems.

Examples of single-use plastics include take-out containers, straws, cups/bottles, and grocery bags. When aquatic organisms encounter these items, studies show they frequently ingest them, mistaking them for food, or become ensnared. The EPA notes, “Scientists have observed ingestion or entanglement in plastic waste by at least 558 species” (EPA), with this number expected to rise as more waste enters water bodies.

Most plastics are non-biodegradable, breaking down into smaller pieces known as microplastics that persist indefinitely. National Geographic reports, “Microplastics have been found in marine life ranging from plankton to whales, in commercial seafood, and even in drinking water” (NatGeo). The impacts of microplastics are still being studied, but both aquatic animals and humans inadvertently consume them, posing a significant environmental and health concern.

How can individuals help prevent plastic pollution? Simple actions like recycling plastics and reducing your reliance on single-use plastics can make a profound difference. Opt for reusable grocery totes instead of plastic bags, switch to reusable water bottles instead of disposable ones, and explore alternatives like reusable sandwich bags, wraps, and straws. Going further, consider picking up plastic litter in your surroundings with gloves to prevent it from reaching waterways.

Together, these efforts can significantly decrease plastic pollution in our waters and contribute to safeguarding aquatic environments for future generations.

In Autumn we focused on conducting dry weather screening of stormwater outfalls in Madison Township as part of our ongoing MS4 efforts. Sam and I successfully screened four outfalls to check for signs of illicit discharge or pollution. These screenings are an essential part of our work to ensure stormwater runoff remains clean and free from harmful pollutants. We only have 6 more dry weather screenings to complete this permit term!

In addition to our field work, we prepared for Stormwater Awareness Week which was October 1^st-7^th.  Make sure to check out our social media pages this week for pollution prevention tips! Stormwater Awareness Week is a great opportunity for our community to learn more about the impacts of stormwater on our environment and how small changes like proper disposal of waste and minimizing single use plastics can make a big difference. By working together, we can keep our communities water clean and our ecosystems thriving!  

2024 Dry Weather Screening Tally

• Madison Twp: 6 completed, 4 remaining
• Springfield Twp: 1 completed, 1 remaining
• Washington Twp: 3 completed, 1 remaining
• Mifflin Twp: 0 remaining

Learn more about the MS4 program in Richland County by contacting the MS4 Technician.

We sell rain barrels and have them in stock. You may purchase one online or let us know and we will make arrangements with you to pick one up.

Stormwater Themes

Landowners can’t block water from entering and leaving their property without providing an outlet. See the Ohio Drainage Law Ditch Petition Procedures, Chapter 6131: Single County Ditches, Chapter 6133: Joint County Ditches, Ohio Drainage Law and the Ohio State University Extension Bulletin 822 for more information:

Black Fork Ditch Petition Process

Impervious Areas

Neighborhood Drainage Issues

Neighborhood drainage issues are becoming a major county issue in populated areas. Here is an explanation of what you can do and how we can help.

Resolving Drainage Issues

Assistance We Provide with Neighborhood Drainage Issues

Neighborhood drainage issues are becoming a major county issue in populated areas. In our experience, landowners want to involve our agency as an intermediary between neighbors. Our agency does not work with property owners to settle disputes. When neighbors agree to work together, then we can provide recommendations for solutions.

If the drainage concern is complex, a civil engineer should be consulted at the landowner(s) expense. Our agency is not an enforcement agency, but we do explain the parameters of Ohio Drainage Law when surface water issues arise. Ohio Drainage Law is specific. In short, surface water is owned by the state of Ohio and landowners that receive surface water must not impede or block the natural flow of water. Many of our recommendations include slowing surface flow by diverting or retaining water while the discharge flows naturally, the way nature intended.

Also, we can consult and recommend practices to be installed to minimize drainage concerns. These are verbal recommendations and it is up to the landowner to implement the practices suggested. We can provide examples of practices for landowners to follow.

In addition, we cannot walk onto neighboring properties to investigate drainage concerns. When there are issues between neighbors, we must be invited to go onto the property. Above all, it is the responsibility of the two parties/neighbors to come up with an agreeable solution.

When drainage issues cannot be resolved between landowners, we offer the option of the parties getting together in our office with a mediator. The goal of mediation is to develop a mutual agreement between neighbors. The court driven mediation will help minimize confusion and promote a solution. The mediation is at the expense of the parties.

In an ideal situation, both landowners involved in a dispute share the expense of implementing a solution. This solution will not only benefit them; it will benefit all landowners in the community. When neighbors cannot communicate and mediation is unsuccessful, the only recourse is to proceed with civil court.

When a landowner considers civil court, it is important that their claim(s) warrant the complaint on the basis of damage to life, property, equipment. Is it life threatening? Is the drainage devaluing my property? Is the drainage a seasonal moisture issue that disappears when rainy periods diminish? Is this drainage issue affecting my quality of life, or well-being of my property (buildings, basements, foundations, etc.)? Am I in a floodplain or wetland? It is important to remember that there are federal and state laws in place to protect natural resources. Many of our complaints are temporary issues; they involve ponding or the holding of surface water during seasons of high rainfall.

Finally, we encourage landowners who experience drainage issues to document with dated pictures, videos and receipts of repairs resulting from stormwater damage in a dated folder. This information will be important if the landowner chooses to resolve the concern in civil court.

Please contact us if you have further questions at 419.747.8684 or go to our contact page.

Drainage Assistance Example

Neighbors Work Together to Resolve Drainage Situation

We want to share with you a recent example of three (3) neighbor’s working together to resolve a drainage situation. One neighbor invited Richland SWCD to meet with himself and his neighbors to share what has been happening, to discuss possible solutions and hear recommendations from Richland SWCD. Matt Wallace, District Technician, and Erica Thomas, District Administrator met with the group.

To provide you with some background, one neighbor has a farm and the other two neighbors are home and landowners. Two neighbors have lived in their homes several years and the third built a home with driveway a few years ago. The neighbor who recently built a home, also inherited a ditch from a previous owner that was intended to drain into the farm field. The farmer does not want the water to drain onto his field. The other homeowner has been experiencing septic back-ups into the home and some basement flooding. How can this be resolved to everyone’s satisfaction?

The new homeowner suggested removing part of a dike along the manmade channel to eliminate septic saturation and back-up, basement flooding and keep it from draining onto the farm field. This solution will allow water to flow back to an open meadow that was naturally wet before a past owner decided to channel it in one direction. To reduce a potential mosquito problem, Matt recommended building bat and swallow houses. The benefit is two-fold. Building and installing it will be great family project, plus it uses natural methods instead of chemicals. By the time Matt and Erica were ready to leave, the neighbors were discussing how to get started on the project. In the end, everyone seemed pleased and were ready to work toward achieving the same goal. We consider this a great day and visit and appreciate being invited to join in the discussion.

A drainage issue like this one, is a civil matter. If you invite Richland SWCD to a meeting like the example above, we will schedule a time to meet the parties involved at the site and provide recommendations. Sometimes an intermediary like Richland SWCD who isn’t directly involved in a situation can help find a satisfactory resolution. Richland SWCD does not settle disputes and is not an enforcement agency. However, you may forge a stronger relationship with your neighbor. To learn more, call 419-747-8686 or go to our contact page.

June 15, 2020

Drainage Rights

From Jack Van Kley, Van Kley & Walker, LLC December 21, 2016

TEST YOUR KNOWLEDGE ABOUT YOUR DRAINAGE RIGHTS:

Flooding from high stream flows or heavy unchanneled runoff from land can cause substantial damage to property. Disputes between neighbors can arise when a landowner on higher ground increases the volume or rate of flow onto another landowner’s property, or when a landowner on lower ground blocks the flow from another landowner’s higher land.

Drainage problems, and disputes over drainage problems, can occur on land that is used for any purpose. [n rural areas, drainage disputes can arise when one farmer’s fields are flooded by rainfall or snow melt flowing off another farmer’s fields, or when poor drainage on one farmer’s fields blocks effective drainage from another farmer’s fields. In urban areas, the construction of paved parking lots, buildings, roads, and other

impervious surfaces can prevent the percolation of precipitation into the soil and increase the storm water runoff onto adjoining properties. The increased storm water runoff can erode the soil and flood basements, yards, gardens, and septic systems.

This article explains the drainage rights possessed by Ohio landowners in the form of questions and answers. This information is applicable to drainage in all types of land use, whether industrial, commercial, residential, recreational, or agricultural. The references to “landowners” in these questions and answers also apply to renters and other persons who occupy a property.

True or False? An upper (uphill) landowner always has the right to drain all of his surface water onto a neighbor’s downgradient (downhill) land, regardless of the flow volume and the amount of damage it causes on downgradient land.

Answer: False. If the drainage causes an unreasonable amount of damage to downgradient land, then the upper landowner is liable for encroaching on the downgradient neighbor’s property rights. Ohio’s courts have adopted a “reasonable use” doctrine that the com1s use to determine whether a landowner’s drainage activities have violated another landowner’s property rights. This principle allows a landowner to develop or modify his prope11y in a manner that increases the drainage onto a neighbor’s land, but only if the increased drainage does not unreasonably interfere with the neighbor’s drainage. A project that interferes with drainage is unreasonable if its hann to other landowners outweighs the project’s benefits. This is a subjective standard that is based on fairness and common sense.

This balancing test evaluates the following facts to determine the seriousness of harn1 to the landowners adversely affected by the interference with drainage:

• the extent of the harm;
• the character of the harm;
• the social value of the use or enjoyment that is harmed;

(d) the suitability of the damaged use or enjoyment to the character of the locality; and

(e) the burden on the hanned landowner if she has to fund and implement the actions necessa1y to avoid ham1 from the other landowner’s drainage.

This balancing test evaluates the following facts to evaluate the value of the project that interferes with drainage:

(a) the project’s social value;

(b the project’s suitability to the character of the locality;

• whether it is impracticable to prevent or avoid the interference; and
• whether it is impracticable to maintain the project if its owner is required to bear the cost of compensating for the interference with drainage.

A judge or jury will use these factors to compare the seriousness of the harm caused by the project with the project’s value to determine whether the project unreasonably interferes with drainage. Generally, a landowner’s interference with another landowner’s drainage will be found unreasonable if most citizens would find the interference to be unfair or offensive.

True or False? An upper landowner is allowed to increase his drainage onto a neighbor’s land even if the higher volume of drainage exceeds the highest flows that have historically occurred from her land.

Answer: True, as long as the increased flow is reasonable as determined by the balancing test described in the previous answer.

True or False? An upper landowner can always increase the speed of surface water flow onto downgradient land without liability as long as the total volume of water does not increase.

Answer: False. Even if an upper landowner does not increase the overall amount of water drained onto a neighbor’s land, the upper landowner is liable if he accelerates the speed of drainage in a manner that unreasonably floods or interferes with drainage on his neighbor’s land.

True or False? If surface water has historically flowed in a stream or over the ground surface from a landowner’s land onto someone else’s land, the landowner has an unlimited right to increase the flow even if it harms a neighbor’s property.

Answer: False. Even if the route of a flow has existed for centuries, an increase in flow is governed by the reasonable use doctrine. The upper landowner can increase the flow, but only if it is reasonable.

True or False? A landowner is not allowed to construct developments (such as buildings or parking lots) or make other unnatural changes to his land that increase the surface water flow onto neighboring land that is greater than the land’s natural flow.

Answer: False. A landowner is allowed to develop his land in any manner that does not cause an unreasonable interference with the drainage of other landowners, even if the increased flow exceeds historic levels. However, the landowner is liable if the increased flow unreasonably damages the downgradient landowner.

True or False? A landowner can be liable for interfering with a neighbor’s drainage even if she takes no purposeful action to interfere with the flow.

Answer: Trne. If conditions on a landowner’s property interfere with a neighbor’s drainage, the landowner can be liable for the drainage interference even if she did not intend to interfere with the neighbor’s drainage.

True or False? If vegetation or debris plugs a tile or pipe on a downgradient landowner’s land and floods an upper landowner’s land, the downgradient landowner can be liable for the damage even though the downgradient landowner took no action to plug the tile or pipe.

Answer: True. The downgradient landowner is required to properly maintain his tiles and pipes to allow proper drainage on the upper property. However, if vegetation or debris flowing from the upper landowner’s property clogs the downgradient landowner’s tile or pipe, the upper landowner may be responsible for the problem.

True or False? A landowner is allowed to dig a trench in a marsh or other wetland to improve the drainage on his land.

Answer: False. Generally a landowner is prohibited from digging, filling, or moving soil in a wetland for any purpose, unless the landowner has a permit from the U.S. Army Corps of Engineers and/or the Ohio Environmental Protection Agency. Protected wetlands include marshes, swamps, bogs, and similar areas that possess saturated soil.

Some woodlands are wetlands if they are saturated during a portion of the year, even if they are dry for the rest of the year. Before clearing or digging in a saturated area, it is important to find out whether it is a wetland.

True or False? A downgradient landowner has an absolute right to prevent an upper landowner from discharging surface water onto the land of the downgradient landowner by erecting a wall or taking other action to block the flow.

Answer: False. An upper landowner has the right to discharge surface water on downgradient land, as long as the flow is reasonable. The downgradient landowner cam1ot block this flow so long as it is reasonable. However, the downgradient landowner can take reasonable action to reduce the flow if necessary to protect the downgradient landowner’s land from unreasonable damage.

True or False? Under some circumstances, a downgradient landowner is allowed to interfere with the natural flow of surface water from an upper landowner’s land even though it causes some harm to the upper landowner’s property.

Answer: True. A downgradient landowner is allowed to restrict the flow from upper land if the interference is reasonable.

True or False? If a tile, ditch, or other drainage structure on downgradient land deteriorates and impairs an upper landowner’s drainage due to no fault of the downgradient landowner, the downgradient landowner is required to repair the structure at his own expense.

Answer: Generally true, unless the upper landowner has entered into an agreement or easement with the downgradient landowner agreeing to pay for or share the expense. For another exception to this principle, see the next question and answer.

True or False? A landowner can defray the expense of improving or restoring the effective drainage of her land by initiating action requiring other landowners to share in the expense if their lands also benefit from the improved drainage.

Answer: True. A landowner can submit a petition to the county commissioners to initiate proceedings for constructing, modifying, repairing, or maintaining ditches, dams, reservoirs, walls, tiles, and other drainage or flood control structures. If the county commissioners detennine that a project is necessary, feasible, and cost-effective, they have the authority to approve, fund, and construct it. The costs of the project are assessed to the benefitting landowners in proportion to their benefits, whether or not they supported the petition. Petitions also can be submitted to the local Soil and Water Conservation District, which evaluates and approves the projects and then refers the projects to the county commissioners for ultimate approval and implementation.

True or False? Ohio has enacted a state law that establishes a landowner’s drainage rights.

Answer: False. Ohio has no state law that provides a landowner with the right to drain surface water from the landowner’s land, nor does state law prohibit ;;;omeone from discharging surface water on a landowner’s land. For that reason, no state agency has the authority to stop someone from violating a landowner’s drainage rights. However, the Supreme Com1 of Ohio has established the reasonable use doctrine for drainage that is described above. This doctrine enables landowners to file private lawsuits to enforce their drainage rights against persons who unreasonably damage their property.

Ohio does have a law that prohibits a person from obstructing the drainage in watercourses and ditches along public highways. The purpose of this law is to prevent the highways from flooding, but keeping these drainage ways open also benefits adjoining landowners.

Some counties, townships, or municipalities have enacted laws that govern drainage. These laws may provide local government with limited authority to address drainage issues.

True or False? Richland County has enacted laws regulating all drainage activities in the county.

Answer: False. State law authorizes counties to regulate drainage on some types of property, but not on other types. For example. state law does not authorize counties to regulate drainage on land used by public utilities, railroads, and agriculture. Counties cannot regulate drainage on crop fields or other agricultural land. In addition, the county

does not have authority over drainage activities inside the City of Mansfield and some other municipalities.

The Richland County Board of Commissioners does have the authority to regulate, and does regulate, surface and subsurface drainage from the construction of single-family, two-family, and three-family dwellings and any other building or structure that disturbs at least 3,000 square feet of soil, creates at least 2,000 square feet of impervious surface, or disturbs soil within 100 feet of a stream, a wetland, or Special Flood Hazard Area. The Richland County Soil and Water Conservation District (SWCD) administers these drainage requirements for the county commissioners.

Any person who develops a regulated project must install an effective drainage system to prevent drainage problems. Permits issued by the county identify the drainage controls that must be installed and operated. A person may change the pre-existing surface or subsurface drainage on the developed property, but only to the extent that these changes do not flood or saturate upgradient or downgradient properties or otherwise harm any person or property.

Article VII of the county’s Stormwater Management and Sediment Regulations provides additional details about these requirements. A copy of these regulations can be found on this web site at this link [install link].

True or False? The Richland County Board of Commissioners and the Richland County Soil and Water Conservation District (S\VCD) have the authority to decide disputes between landowners over drainage issues.

Answer: Generally false. State law limits the county’s jurisdiction over drainage. The county commissioners have only the authority to enforce Article VII of the Stom1water Management and Sediment Regulations against anyone who is causing a drainage problem in violation of those regulations. Any other drainage issue is not subject to county authority.

The SWCD is not an enforcement agency, but we assist the county commissioners with technical advice in implementing and enforcing these regulations. In addition, the SWCD can provide landowners with technical advice to help them solve their drainage

problems if they are willing to work with us. The article at this link [install link] provides you with additional infonnation about how we can help.

This article has been prepared by Jack A. Van Kley of the law firm of Van Kley & Walker, LLC, 132 Northwoods Boulevard, Suite C-1, Columbus, OH 43235. Mr. Van Kley can be contacted at (614) 43 t-8900. While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer. Reading this article does not create an attorney-client relationship between the author and the reader.

Knowing Your Water Rights

Here are additional questions and answers about water rights. Since there are a fair number of them, you may wish to create a new page for them.

I. What are the rights of the public to use a stream (such as a river or creek) or lake?

Answer: The public has the right to use any navigable stream or lake for boating and fishing. The public has no right to use a navigable stream or lake for swimming, wading, bathing, hunting, or other purposes unless the owner of the bed of the stream or bed has agreed to allow that access. The public has no right to use non-navigable streams or lakes for any purpose without the permission of the landowner.

• How can I tell whether a stream or lake is navigable?

Answer: A stream is generally navigable if canoes or other boats can navigate it under natural conditions and if it is accessible from publicly owned land. A lake on private property is unlikely to be classified as navigable even if canoes or other boats can navigate it, unless the lake is of great size.

• Does the public have the right to go onto private property in order to reach a navigable stream or lake?

Answer: No, that would be a trespass on the landowner’s land. The public must use publicly owned land to reach the navigable water or obtain a private landowner’s permission to use her land for that purpose.

• Does the public have the right to walk on the bank of a navigable stream or lake?

Answer: The bank is not part of a navigable stream or lake. A person has no right to walk on the bank, fish from the bank, or do anything else on the bank unless he owns the bank or has been given the landowner’s pennission to use it. The public can use the bank if it is on government property (such as a park or wildlife refuge) and the governmental owner has provided access to the public.

• Does the public have the right to fish, wade in, or engage in any other activity in a non-navigable stream, lake, or pond if the water is accessible from public property?

Answer: A person has the right to use a non-navigable stream, lake, or pond only if she owns it or has been given permission by the owner to use it.

• If a person owns land under a stream or lake, for what purposes can he use the stream or lake?

Answer: A person who owns the bed of a stream or lake, or any part of it, can use the water in the stream or lake for boating, fishing, irrigation, swimming, drinking, and other purposes. His use of the water must be conducted in a reasonable manner that does not deprive other owners of their rights to use and enjoy the water. For example, one landowner is not allowed to use so much water for irrigation or other purposes that other landowners are unable to boat on it. Ohio courts have not provided clear direction on whether the owner of part of the bed of a privately owned lake has a right of access to the entire lake for boating and other purposes, or has access to only the portion that he owns. A landowner’s rights can be affected by easements, covenants, or contracts that restrict or enlarge her rights to use a stream or lake.

• If a landowner’s land is separated from a stream or lake by someone else’s land, does the landowner have a right to use the water?

Answer: A landowner whose land is separated from a lake or stream by any other person’s land has no more right to use the lake or stream than any other member of the public.

• Can the government stop my neighbor from taking too much water and drying up my well, lake, or stream’?

Answer: No. Government agencies have no authority to restrict the amount of water pumped from a lake or stream. However, Ohio law does authorize a landowner to file a lawsuit to protect the landowner’s own water supply.

This article has been prepared by Jack A. Van Kley of the law firm of Van Kley & Walker, LLC, 132 Northwoods Boulevard, Suite C-1, Columbus, OH 43235. Mr. Van Kley can be contacted at (614) 431-8900. While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer. Reading this article does not create an attorney-client relationship between the author and the reader.

What is Stormwater?

• Downstream flooding
• Stream bank erosion
• Increased turbidity (muddiness created by stirred up sediment) from erosion
• Habitat destruction
• Changes in the stream flow hydrograph (a graph that displays the flow rate of a stream over a period of time)
• Stormwater Damage
• Contaminated streams, rivers and coastal water

Stormwater in Richland County

The Richland County Commissioners adopted the Stormwater Management and Sediment Control Regulations for Richland County. The purpose of these regulations is to reduce Stormwater and erosion impacts from earthmoving and/or construction activities. Anyone within Richland County limits (not inside city/village limits, except Lexington Village) with a project that will entail earth disturbing or construction activity, must apply for a Stormwater Permit. The permit process requires the applicant to submit a site plan detailing how erosion and Stormwater will be handled during and after the project. The goal is to keep sediment from leaving the site and to handle Stormwater in a way to promote water infiltration into the soil and not create a drainage nuisance to neighboring properties. Larger commercial construction projects may be required to submit an engineered plan that will retain Stormwater onsite and release it at a controlled rate.

Neighborhood Drainage Issues

Neighborhood drainage issues are becoming a major county issue in populated areas. Here is an explanation of what you can do and how we can help.

Resolving Drainage Issues

Assistance We Provide with Neighborhood Drainage Issues

Neighborhood drainage issues are becoming a major county issue in populated areas. In our experience, landowners want to involve our agency as an intermediary between neighbors. Our agency does not work with property owners to settle disputes. When neighbors agree to work together, then we can provide recommendations for solutions.

If the drainage concern is complex, a civil engineer should be consulted at the landowner(s) expense. Our agency is not an enforcement agency, but we do explain the parameters of Ohio Drainage Law when surface water issues arise. Ohio Drainage Law is specific. In short, surface water is owned by the state of Ohio and landowners that receive surface water must not impede or block the natural flow of water. Many of our recommendations include slowing surface flow by diverting or retaining water while the discharge flows naturally, the way nature intended.

Also, we can consult and recommend practices to be installed to minimize drainage concerns. These are verbal recommendations and it is up to the landowner to implement the practices suggested. We can provide examples of practices for landowners to follow.

In addition, we cannot walk onto neighboring properties to investigate drainage concerns. When there are issues between neighbors, we must be invited to go onto the property. Above all, it is the responsibility of the two parties/neighbors to come up with an agreeable solution.

When drainage issues cannot be resolved between landowners, we offer the option of the parties getting together in our office with a mediator. The goal of mediation is to develop a mutual agreement between neighbors. The court driven mediation will help minimize confusion and promote a solution. The mediation is at the expense of the parties.

In an ideal situation, both landowners involved in a dispute share the expense of implementing a solution. This solution will not only benefit them; it will benefit all landowners in the community. When neighbors cannot communicate and mediation is unsuccessful, the only recourse is to proceed with civil court.

When a landowner considers civil court, it is important that their claim(s) warrant the complaint on the basis of damage to life, property, equipment. Is it life threatening? Is the drainage devaluing my property? Is the drainage a seasonal moisture issue that disappears when rainy periods diminish? Is this drainage issue affecting my quality of life, or well-being of my property (buildings, basements, foundations, etc.)? Am I in a floodplain or wetland? It is important to remember that there are federal and state laws in place to protect natural resources. Many of our complaints are temporary issues; they involve ponding or the holding of surface water during seasons of high rainfall.

Finally, we encourage landowners who experience drainage issues to document with dated pictures, videos and receipts of repairs resulting from stormwater damage in a dated folder. This information will be important if the landowner chooses to resolve the concern in civil court.

Please contact us if you have further questions at 419.747.8684 or go to our contact page.

Drainage Assistance Example

Neighbors Work Together to Resolve Drainage Situation

We want to share with you a recent example of three (3) neighbor’s working together to resolve a drainage situation. One neighbor invited Richland SWCD to meet with himself and his neighbors to share what has been happening, to discuss possible solutions and hear recommendations from Richland SWCD. Matt Wallace, District Technician, and Erica Thomas, District Administrator met with the group.

To provide you with some background, one neighbor has a farm and the other two neighbors are home and landowners. Two neighbors have lived in their homes several years and the third built a home with driveway a few years ago. The neighbor who recently built a home, also inherited a ditch from a previous owner that was intended to drain into the farm field. The farmer does not want the water to drain onto his field. The other homeowner has been experiencing septic back-ups into the home and some basement flooding. How can this be resolved to everyone’s satisfaction?

The new homeowner suggested removing part of a dike along the manmade channel to eliminate septic saturation and back-up, basement flooding and keep it from draining onto the farm field. This solution will allow water to flow back to an open meadow that was naturally wet before a past owner decided to channel it in one direction. To reduce a potential mosquito problem, Matt recommended building bat and swallow houses. The benefit is two-fold. Building and installing it will be great family project, plus it uses natural methods instead of chemicals. By the time Matt and Erica were ready to leave, the neighbors were discussing how to get started on the project. In the end, everyone seemed pleased and were ready to work toward achieving the same goal. We consider this a great day and visit and appreciate being invited to join in the discussion.

A drainage issue like this one, is a civil matter. If you invite Richland SWCD to a meeting like the example above, we will schedule a time to meet the parties involved at the site and provide recommendations. Sometimes an intermediary like Richland SWCD who isn’t directly involved in a situation can help find a satisfactory resolution. Richland SWCD does not settle disputes and is not an enforcement agency. However, you may forge a stronger relationship with your neighbor. To learn more, call 419-747-8686 or go to our contact page.

June 15, 2020

Drainage Rights

From Jack Van Kley, Van Kley & Walker, LLC December 21, 2016

TEST YOUR KNOWLEDGE ABOUT YOUR DRAINAGE RIGHTS:

Flooding from high stream flows or heavy unchanneled runoff from land can cause substantial damage to property. Disputes between neighbors can arise when a landowner on higher ground increases the volume or rate of flow onto another landowner’s property, or when a landowner on lower ground blocks the flow from another landowner’s higher land.

Drainage problems, and disputes over drainage problems, can occur on land that is used for any purpose. [n rural areas, drainage disputes can arise when one farmer’s fields are flooded by rainfall or snow melt flowing off another farmer’s fields, or when poor drainage on one farmer’s fields blocks effective drainage from another farmer’s fields. In urban areas, the construction of paved parking lots, buildings, roads, and other

impervious surfaces can prevent the percolation of precipitation into the soil and increase the storm water runoff onto adjoining properties. The increased storm water runoff can erode the soil and flood basements, yards, gardens, and septic systems.

This article explains the drainage rights possessed by Ohio landowners in the form of questions and answers. This information is applicable to drainage in all types of land use, whether industrial, commercial, residential, recreational, or agricultural. The references to “landowners” in these questions and answers also apply to renters and other persons who occupy a property.

True or False? An upper (uphill) landowner always has the right to drain all of his surface water onto a neighbor’s downgradient (downhill) land, regardless of the flow volume and the amount of damage it causes on downgradient land.

Answer: False. If the drainage causes an unreasonable amount of damage to downgradient land, then the upper landowner is liable for encroaching on the downgradient neighbor’s property rights. Ohio’s courts have adopted a “reasonable use” doctrine that the com1s use to determine whether a landowner’s drainage activities have violated another landowner’s property rights. This principle allows a landowner to develop or modify his prope11y in a manner that increases the drainage onto a neighbor’s land, but only if the increased drainage does not unreasonably interfere with the neighbor’s drainage. A project that interferes with drainage is unreasonable if its hann to other landowners outweighs the project’s benefits. This is a subjective standard that is based on fairness and common sense.

This balancing test evaluates the following facts to determine the seriousness of harn1 to the landowners adversely affected by the interference with drainage:

• the extent of the harm;
• the character of the harm;
• the social value of the use or enjoyment that is harmed;

(d) the suitability of the damaged use or enjoyment to the character of the locality; and

(e) the burden on the hanned landowner if she has to fund and implement the actions necessa1y to avoid ham1 from the other landowner’s drainage.

This balancing test evaluates the following facts to evaluate the value of the project that interferes with drainage:

(a) the project’s social value;

(b the project’s suitability to the character of the locality;

• whether it is impracticable to prevent or avoid the interference; and
• whether it is impracticable to maintain the project if its owner is required to bear the cost of compensating for the interference with drainage.

A judge or jury will use these factors to compare the seriousness of the harm caused by the project with the project’s value to determine whether the project unreasonably interferes with drainage. Generally, a landowner’s interference with another landowner’s drainage will be found unreasonable if most citizens would find the interference to be unfair or offensive.

True or False? An upper landowner is allowed to increase his drainage onto a neighbor’s land even if the higher volume of drainage exceeds the highest flows that have historically occurred from her land.

Answer: True, as long as the increased flow is reasonable as determined by the balancing test described in the previous answer.

True or False? An upper landowner can always increase the speed of surface water flow onto downgradient land without liability as long as the total volume of water does not increase.

Answer: False. Even if an upper landowner does not increase the overall amount of water drained onto a neighbor’s land, the upper landowner is liable if he accelerates the speed of drainage in a manner that unreasonably floods or interferes with drainage on his neighbor’s land.

True or False? If surface water has historically flowed in a stream or over the ground surface from a landowner’s land onto someone else’s land, the landowner has an unlimited right to increase the flow even if it harms a neighbor’s property.

Answer: False. Even if the route of a flow has existed for centuries, an increase in flow is governed by the reasonable use doctrine. The upper landowner can increase the flow, but only if it is reasonable.

True or False? A landowner is not allowed to construct developments (such as buildings or parking lots) or make other unnatural changes to his land that increase the surface water flow onto neighboring land that is greater than the land’s natural flow.

Answer: False. A landowner is allowed to develop his land in any manner that does not cause an unreasonable interference with the drainage of other landowners, even if the increased flow exceeds historic levels. However, the landowner is liable if the increased flow unreasonably damages the downgradient landowner.

True or False? A landowner can be liable for interfering with a neighbor’s drainage even if she takes no purposeful action to interfere with the flow.

Answer: Trne. If conditions on a landowner’s property interfere with a neighbor’s drainage, the landowner can be liable for the drainage interference even if she did not intend to interfere with the neighbor’s drainage.

True or False? If vegetation or debris plugs a tile or pipe on a downgradient landowner’s land and floods an upper landowner’s land, the downgradient landowner can be liable for the damage even though the downgradient landowner took no action to plug the tile or pipe.

Answer: True. The downgradient landowner is required to properly maintain his tiles and pipes to allow proper drainage on the upper property. However, if vegetation or debris flowing from the upper landowner’s property clogs the downgradient landowner’s tile or pipe, the upper landowner may be responsible for the problem.

True or False? A landowner is allowed to dig a trench in a marsh or other wetland to improve the drainage on his land.

Answer: False. Generally a landowner is prohibited from digging, filling, or moving soil in a wetland for any purpose, unless the landowner has a permit from the U.S. Army Corps of Engineers and/or the Ohio Environmental Protection Agency. Protected wetlands include marshes, swamps, bogs, and similar areas that possess saturated soil.

Some woodlands are wetlands if they are saturated during a portion of the year, even if they are dry for the rest of the year. Before clearing or digging in a saturated area, it is important to find out whether it is a wetland.

True or False? A downgradient landowner has an absolute right to prevent an upper landowner from discharging surface water onto the land of the downgradient landowner by erecting a wall or taking other action to block the flow.

Answer: False. An upper landowner has the right to discharge surface water on downgradient land, as long as the flow is reasonable. The downgradient landowner cam1ot block this flow so long as it is reasonable. However, the downgradient landowner can take reasonable action to reduce the flow if necessary to protect the downgradient landowner’s land from unreasonable damage.

True or False? Under some circumstances, a downgradient landowner is allowed to interfere with the natural flow of surface water from an upper landowner’s land even though it causes some harm to the upper landowner’s property.

Answer: True. A downgradient landowner is allowed to restrict the flow from upper land if the interference is reasonable.

True or False? If a tile, ditch, or other drainage structure on downgradient land deteriorates and impairs an upper landowner’s drainage due to no fault of the downgradient landowner, the downgradient landowner is required to repair the structure at his own expense.

Answer: Generally true, unless the upper landowner has entered into an agreement or easement with the downgradient landowner agreeing to pay for or share the expense. For another exception to this principle, see the next question and answer.

True or False? A landowner can defray the expense of improving or restoring the effective drainage of her land by initiating action requiring other landowners to share in the expense if their lands also benefit from the improved drainage.

Answer: True. A landowner can submit a petition to the county commissioners to initiate proceedings for constructing, modifying, repairing, or maintaining ditches, dams, reservoirs, walls, tiles, and other drainage or flood control structures. If the county commissioners detennine that a project is necessary, feasible, and cost-effective, they have the authority to approve, fund, and construct it. The costs of the project are assessed to the benefitting landowners in proportion to their benefits, whether or not they supported the petition. Petitions also can be submitted to the local Soil and Water Conservation District, which evaluates and approves the projects and then refers the projects to the county commissioners for ultimate approval and implementation.

True or False? Ohio has enacted a state law that establishes a landowner’s drainage rights.

Answer: False. Ohio has no state law that provides a landowner with the right to drain surface water from the landowner’s land, nor does state law prohibit ;;;omeone from discharging surface water on a landowner’s land. For that reason, no state agency has the authority to stop someone from violating a landowner’s drainage rights. However, the Supreme Com1 of Ohio has established the reasonable use doctrine for drainage that is described above. This doctrine enables landowners to file private lawsuits to enforce their drainage rights against persons who unreasonably damage their property.

Ohio does have a law that prohibits a person from obstructing the drainage in watercourses and ditches along public highways. The purpose of this law is to prevent the highways from flooding, but keeping these drainage ways open also benefits adjoining landowners.

Some counties, townships, or municipalities have enacted laws that govern drainage. These laws may provide local government with limited authority to address drainage issues.

True or False? Richland County has enacted laws regulating all drainage activities in the county.

Answer: False. State law authorizes counties to regulate drainage on some types of property, but not on other types. For example. state law does not authorize counties to regulate drainage on land used by public utilities, railroads, and agriculture. Counties cannot regulate drainage on crop fields or other agricultural land. In addition, the county

does not have authority over drainage activities inside the City of Mansfield and some other municipalities.

The Richland County Board of Commissioners does have the authority to regulate, and does regulate, surface and subsurface drainage from the construction of single-family, two-family, and three-family dwellings and any other building or structure that disturbs at least 3,000 square feet of soil, creates at least 2,000 square feet of impervious surface, or disturbs soil within 100 feet of a stream, a wetland, or Special Flood Hazard Area. The Richland County Soil and Water Conservation District (SWCD) administers these drainage requirements for the county commissioners.

Any person who develops a regulated project must install an effective drainage system to prevent drainage problems. Permits issued by the county identify the drainage controls that must be installed and operated. A person may change the pre-existing surface or subsurface drainage on the developed property, but only to the extent that these changes do not flood or saturate upgradient or downgradient properties or otherwise harm any person or property.

Article VII of the county’s Stormwater Management and Sediment Regulations provides additional details about these requirements. A copy of these regulations can be found on this web site at this link [install link].

True or False? The Richland County Board of Commissioners and the Richland County Soil and Water Conservation District (S\VCD) have the authority to decide disputes between landowners over drainage issues.

Answer: Generally false. State law limits the county’s jurisdiction over drainage. The county commissioners have only the authority to enforce Article VII of the Stom1water Management and Sediment Regulations against anyone who is causing a drainage problem in violation of those regulations. Any other drainage issue is not subject to county authority.

The SWCD is not an enforcement agency, but we assist the county commissioners with technical advice in implementing and enforcing these regulations. In addition, the SWCD can provide landowners with technical advice to help them solve their drainage

problems if they are willing to work with us. The article at this link [install link] provides you with additional infonnation about how we can help.

This article has been prepared by Jack A. Van Kley of the law firm of Van Kley & Walker, LLC, 132 Northwoods Boulevard, Suite C-1, Columbus, OH 43235. Mr. Van Kley can be contacted at (614) 43 t-8900. While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer. Reading this article does not create an attorney-client relationship between the author and the reader.

Knowing Your Water Rights

Here are additional questions and answers about water rights. Since there are a fair number of them, you may wish to create a new page for them.

I. What are the rights of the public to use a stream (such as a river or creek) or lake?

Answer: The public has the right to use any navigable stream or lake for boating and fishing. The public has no right to use a navigable stream or lake for swimming, wading, bathing, hunting, or other purposes unless the owner of the bed of the stream or bed has agreed to allow that access. The public has no right to use non-navigable streams or lakes for any purpose without the permission of the landowner.

• How can I tell whether a stream or lake is navigable?

Answer: A stream is generally navigable if canoes or other boats can navigate it under natural conditions and if it is accessible from publicly owned land. A lake on private property is unlikely to be classified as navigable even if canoes or other boats can navigate it, unless the lake is of great size.

• Does the public have the right to go onto private property in order to reach a navigable stream or lake?

Answer: No, that would be a trespass on the landowner’s land. The public must use publicly owned land to reach the navigable water or obtain a private landowner’s permission to use her land for that purpose.

• Does the public have the right to walk on the bank of a navigable stream or lake?

Answer: The bank is not part of a navigable stream or lake. A person has no right to walk on the bank, fish from the bank, or do anything else on the bank unless he owns the bank or has been given the landowner’s pennission to use it. The public can use the bank if it is on government property (such as a park or wildlife refuge) and the governmental owner has provided access to the public.

• Does the public have the right to fish, wade in, or engage in any other activity in a non-navigable stream, lake, or pond if the water is accessible from public property?

Answer: A person has the right to use a non-navigable stream, lake, or pond only if she owns it or has been given permission by the owner to use it.

• If a person owns land under a stream or lake, for what purposes can he use the stream or lake?

Answer: A person who owns the bed of a stream or lake, or any part of it, can use the water in the stream or lake for boating, fishing, irrigation, swimming, drinking, and other purposes. His use of the water must be conducted in a reasonable manner that does not deprive other owners of their rights to use and enjoy the water. For example, one landowner is not allowed to use so much water for irrigation or other purposes that other landowners are unable to boat on it. Ohio courts have not provided clear direction on whether the owner of part of the bed of a privately owned lake has a right of access to the entire lake for boating and other purposes, or has access to only the portion that he owns. A landowner’s rights can be affected by easements, covenants, or contracts that restrict or enlarge her rights to use a stream or lake.

• If a landowner’s land is separated from a stream or lake by someone else’s land, does the landowner have a right to use the water?

Answer: A landowner whose land is separated from a lake or stream by any other person’s land has no more right to use the lake or stream than any other member of the public.

• Can the government stop my neighbor from taking too much water and drying up my well, lake, or stream’?

Answer: No. Government agencies have no authority to restrict the amount of water pumped from a lake or stream. However, Ohio law does authorize a landowner to file a lawsuit to protect the landowner’s own water supply.

This article has been prepared by Jack A. Van Kley of the law firm of Van Kley & Walker, LLC, 132 Northwoods Boulevard, Suite C-1, Columbus, OH 43235. Mr. Van Kley can be contacted at (614) 431-8900. While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer. Reading this article does not create an attorney-client relationship between the author and the reader.

Stormwater Management

The Rainwater and Land Development Manual offers Best Management Practices to Homeowners, Contractors, and Developers to properly design Stormwater practices. Get a copy of the Rainwater and Land Development Manual.

Related Links