Pond water runoff

[Barbara Klosterman]

Pond water run off

We are zoned agriculture and have about a 1/3 acre pond. In the spring when we have significant rainfall in a short period of time and/or several days straight we may have some overflow of our pond. We do have rock down for drainage we did not change any flow of the land. Yes as with any property owner, when this happens some run off goes to the lowest point. In my case a new development and new neighbor. Their yard is low, was always low and was the low point when the house was built. They not only have some run off from our lot but from adjacent lots. Can someone direct me to what laws or cases exist concerning water run off to a neighbor's property. And, as with any property owner in heavy rain conditions, we also have standing water in areas of our property when it rains like this. The soil is clay in this community in Ohio. Thank you

 

[Dan]

Was there an approved drainage plan with your subdivision? Any drainage easements across your property, or that of your neighbors?

Many municipalities require drainage plans with preliminary or final subdivisions, to avoid situations like what you've discussed. If drainage plans weren't required as a condition of subdivision or building permit approval, those neighbors _may_ be out of luck. Then again, I"m not too familiar with case law regarding drainage issues.

 

[Barbara Klosterman]

We did not have to get a permit, but the city zoning came out to look it over and said everything looked fine. The housing development adjacent to our property was not yet under construction and was solid woods. Thanks for your information.

 

[Cardinal]

It doesn't sound like an engineer reviewed anyone's storm water plans. The first question you might ask is whether water is discharged from your property at a rate not greater than what was released prior to development. Given that your improvement was a pond, I would guess this is probably the case. As you say, the neighbor also receives storm water from other properties. Regardless, your improvements were in place and the drainage patterns established prior to your neighbor developing. Not that this might excuse you from any potential legal responsibility (You didn't really state the problem. Is your neighbor demanding that you take some action? Is there flooding or water damage?) but it is something that your neighbor and his/her architect and engineer should have figured out. It isn't too hard to remember that water flows downhill.