Projects

LEGAL BACKGROUND RELATING TO SURFACE WATER DRAINAGE

The North Carolina Supreme Court formally adopted the common law doctrine known as the "rule of reasonable use" with respect to surface water drainage in 1977. The rule of reasonable use allows each landowner to make reasonable use of his land even though by doing so, he alters in some way the flow of surface water, thereby harming other landowners. Liability is incurred only when the harmful use is found to be unreasonable and causes substantial damage. The questions of what is unreasonable and what constitutes substantial damage are dependent upon the circumstances of each situation, and can be specified only through litigation.

The State Court has ruled on several cases to establish the following general principles that are applicable to drainage throughout North Carolina:

  1. Every property owner has the right to develop his property to the extent allowed by local ordinances (zoning and subdivision ordinances).
  2. Development results in more runoff at a higher velocity. Downstream property owners are obligated to accommodate the increased runoff (except for diversions).
  3. Municipalities are not obligated to address storm drainage on private property.
  4. If a City has accepted streets with insufficient drainage facilities, the City must use reasonable diligence to keep the drains in good repair, but the City is not obligated to upgrade them.
  5. If a City annexes an area with drainage problems, the City is required to provide the same level of service to that area as is provided Citywide. The City is not obligated to correct existing problems in a newly annexed area.
  6. If a City "exercises control" over a drainage way on private property, the City can be held perpetually liable for that drainage way. This is the primary reason that municipalities throughout North Carolina are hesitant to make drainage improvements on private property. The phrase "exercises control" is not well defined. It may depend on the circumstances of each situation, and it may become the key question in litigation.

 

Proposed Drainage Improvement Projects

    Completed Projects

ProjectProject
Academy St. - Ditch reestablishment, Landscaping

ProjectProject
Saddle Run - Ditch reestablishment, Bank stabilization (vegetative)

ProjectProject
905 Cardinal Dr. - Hurricane debris removal from stream, Landscaping

ProjectProject

ProjectProject
112 Parkview St. - Bank stabilization (major gabion project to stabilize ditch, restore property and prevent structure collapse)

ProjectProject
Forest Hills Road, Ditch Reestablishment