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Drainage Concerns & Laws
Landowner Rights and Responsibilities for Surface Water
Drainage concerns affect both property owners and developers. Many issues occur when development or land use changes alter the natural flow of surface water, raising questions about responsibility and enforcement. As communities expanded, North Carolina adopted the Rule of Reasonable Use in 1977. This standard allows landowners to use their property in ways that may change drainage, as long as it does not cause unreasonable or substantial harm to others. Each case is evaluated individually, reflecting the balance between property rights and responsible community growth.
Understanding When the County Can and Cannot Intervene
While most drainage issues are private matters between property owners, there are specific situations where Pitt County can take enforcement action. The County’s authority focuses on protecting public infrastructure, preventing erosion and sedimentation, and ensuring development follows approved drainage and water quality plans. The examples below outline when local action is possible and where responsibility remains with individual property owners.
When Pitt County May Take Action
- If erosion or sedimentation affects neighboring land or public streets, it violates the Pitt County Erosion and Sedimentation Control Ordinance, and enforcement action may be taken.
- If drainage easements or water quality features are altered or filled, reducing their effectiveness, this violates County regulations and may result in enforcement measures.
What Local Governments Cannot Do
- Local governments cannot use taxpayer funds to resolve private drainage disputes between property owners.
- Maintenance of pipes, swales, or open channels on private property is the responsibility of the property owner.
- The County regulates erosion control, water quality, and zoning. If a drainage plan is inadequate, approval can be denied until a revised, compliant plan is submitted.
- During subdivision review, the County may require drainage easements and evaluate proposed grading. Once a plan is approved and the site is stabilized, any later erosion or drainage issues are considered private civil matters between property owners.
Common Drainage Scenarios Reported to Local Officials
Filling in a Drainage Easement
Subdivision lots often include recorded drainage easements that help manage surface water. If a property owner fills in or blocks an easement to make mowing easier, it can cause flooding on neighboring properties, such as in a carport or basement.
- Water must flow naturally through open channels or pipes as allowed by drainage easements. Blocking or altering this flow may violate regulations. Any drainage changes require County review and approval. Unapproved work may require restoration, and any resulting damage is a private civil matter.
Stream Blocked by Fallen Trees
Property owners sometimes worry that fallen or leaning trees are blocking a stream and may cause flooding. They may ask local officials to remove the debris and clean the area, even when they do not own the land along the stream.
- There are no government programs for stream debris removal. Fallen logs and branches are natural in healthy streams. Property owners must clear debris on their land if it causes drainage issues. Flood damage from blocked streams is a private civil matter..
Stream Bank Erosion Threatening a Home
Severe stream bank erosion can occur along bends in a stream, putting nearby homes or other structures at risk of damage or collapse.
- When this occurs, the property owner must address the issue if the stream is on their land. They should consult an engineer to assess risks and repair options. If erosion was worsened by runoff from a neighbor’s property, it becomes a private civil matter.
Filling in a Swampy or Wetland Area
A homeowner notices a swampy area behind their property, which may be considered a wetland. They want to fill it in to reduce standing water and mosquitoes.
- Before starting, property owners must check if permits are required. A Pitt County permit is needed if one acre or more will be disturbed. They should also contact the U.S. Army Corps of Engineers and the NC Division of Water Quality about possible “404” and “401” permits. If none are needed, work proceeds at the owner’s risk.
Installing a Pipe in a Drainage Ditch
A property owner plans to install a pipe to enclose an open drainage ditch on their land.
- Any change to a drainageway requires a plan by a licensed engineer or land surveyor, reviewed and approved by local staff before construction. If the ditch is in a NCDOT right-of-way, the plan must also be reviewed by the NCDOT Regional Office. Property owners must verify the site is not in a Water Supply Watershed Critical Area, where enclosed drainage is prohibited.