Guide to Watercourses and Riparian Ownership
Your rights and responsibilities as a riparian owner
If you own a watercourse that is within or adjacent to your property, you are a riparian owner and have a number of legal responsibilities. These responsibilities include maintenance of your watercourse to prevent flooding to yourself and others, letting water flow naturally, preventing pollution and protecting wildlife and also including reporting incidents. Depending on the type of watercourse, you must report issues to either the Environment Agency, local Internal Drainage Board or North Lincolnshire Council and get consent from the appropriate body in order to undertake any work.
Main rivers versus ordinary watercourses
A main river is defined as a watercourse shown as a ‘main river’ on a main river map. It can also include any structure or equipment used for controlling or regulating the flow of water along its course, either in or out of a main river. The Environment Agency has powers to carry out flood defence works and enforcement action applying to main rivers only.
An ordinary watercourse is every river, stream, ditch, drain, cut, dyke, sluice, sewer (other than a public surface water sewer or highway drain) and passage through which water flows, but which does not form part of a main river. These occur naturally, and they serve to drain the land and help support animal and plant life. Historically, watercourses have taken water run-off from buildings, roads, fields and parks. In the process of development, many have been culverted or changed in other ways.
Riparian responsibilities
If you live by or own property that is next to any watercourse, or you have a watercourse that flows through your property, you are a ‘riparian landowner’. This means you have ‘riparian’ rights and responsibilities which have been established in common law for many years.
If the land on the other side of the watercourse is owned by a third party then it is likely that this person is the ‘joint riparian owner’ for the length of watercourse adjacent to the boundary. Unless the landowners’ deeds show otherwise, it is always assumed that each person owns the area up to the centre line of the watercourse.
A riparian owner is responsible for accepting water from their upstream neighbour and transferring it – along with any existing drainage from their own property – freely, to their neighbour downstream.
Roadside ditches
There are 3 categories of roadside ditch:
- A ditch created by the Highway Authority and owned by them solely for draining the highway, which is the responsibility of the Highway Authority.
- A ditch on the road side of fences and hedges taking land drainage as well as highway drainage, which is the responsibility of the Riparian Owner.
- A ditch on the field side of a fence or hedge taking land drainage as well as highway drainage, which is a responsibility of the Riparian Owner.
The Highway Authority has a prescriptive right to drain the highway to adjoining roadside ditches. Rural roads rely to a great extent on ditches to remove water and their effectiveness is vital to keeping them in good condition. Common Law imposes a duty on the owner of land adjoining a highway to maintain these ditches that provide natural drainage for both the land and highway. In the majority of cases the responsibility for ditch maintenance rests with the adjacent landowner.
More responsibilities of the riparian landowner are detailed as follows:
- Pass flow onwards without obstruction, pollution or diversion that affects the rights of others.
- Accept flood flows through their land, even if these are caused by inadequate capacity downstream. You have the right to protect your property from flooding but you must agree your plans with the appropriate authority beforehand.
- Maintain the bed and banks of the watercourse (including trees and shrubs growing on the banks) and clear any debris, natural or man- made, including litter and animal carcasses, even if it didn’t originate from their land.
- Not cause any obstructions – either temporary or permanent – that would prevent the free passage of fish.
- Keep the bed and banks clear of any matter that could cause an obstruction either on their own land or at a structure downstream by being washed away by high flow. Rivers and their banks should not be used for the disposal of any form of garden or other waste.
- Keep any structures clear of debris. These structures include culverts, trash screens, weirs and mill gates.
- Protect property from seepage through natural or man-made banks. Where such seepage threatens the structural integrity of a flood defence it may become the concern of the Environment Agency.
If you wish to change the watercourse
Plans for any works on ordinary watercourses other than general cleaning and routine maintenance (such as the removal of weeds or debris) must be approved by North Lincolnshire Council as Lead Local Flood Authority or, if in an Internal Drainage Board maintained area, the appropriate IDB.
Consents must be secured before starting any work. This applies to any modifications which might affect the flow characteristics or capacity, and includes the installation of dams, weirs, mills, channel diversions, connections and, in particular, culverting or piping. To undertake work on an ordinary watercourse you should apply for Ordinary Watercourse Consent by emailing LLFAdrainageteam@northlincs.gov.uk
Even if you have planning permission or other consents you will still require consent for temporary or permanent works that are likely to cause an obstruction to flow, restrict storage or involve erecting a culvert. Changes to existing obstructions (such as dams, weirs or culverts) will also need consent.
Failure to obtain an environmental permit or Ordinary Watercourse Consent before carrying out works can be a criminal offence and may result in a fine. Something on your land, such as a wall, may be important to prevent flooding and be listed as a flood defence asset. You should check with the appropriate authority, and the deeds to your property, whether you’re responsible for maintaining this.
Internal Drainage Boards within the North Lincolnshire area are:
- Ancholme IDB (Shire Group)
- Scunthorpe and Gainsborough Water Level Management Board (Shire Group)
- Doncaster East IDB (Shire Group)
- Isle of Axholme and North Nottinghamshire Water Level Management Board
- North East Lindsey Internal Drainage Board
What happens if ordinary watercourses are not maintained?
The riparian owner must not cause or perpetuate a nuisance, such as obstructing to the flow of water in a stream by allowing the channel to become blocked.
North Lincolnshire Council has no responsibilities (except where it is a landowner) for land drainage. However, it has permissive powers and can (but is not obliged to) serve notice on individuals and carry out works in default if watercourses have become blocked, resulting in a flood risk or a health hazard. These powers are contained in the Land Drainage Acts 1991 and 1994, and sections 259 – 265 of the Public Health Act 1936.
North Lincolnshire Council as Lead Local Flood Authority (LLFA) has a responsibility to investigate flood incidents under Section 19 of the Flood and Water Management Act 2010.
The LLFA also has powers under Sections 23, 24 and 25 of the Land Drainage Act 1991 with regard to issuing of consents, enforcement against un-consented works and general enforcement of riparian landowner duties.
Under the Land Drainage Act 1991, the Local Authority holds the powers to:
- Perform works for the prevention or mitigation of flooding risk other than in connection with a main river or the banks or within an internal drainage board area. (Section 14).
- Serve notice on persons requiring them to carry out necessary works to maintain the flow of any watercourse, and carry out works in default and recover its reasonable expenses should the riparian owner fail to carry out their responsibility. (Section 25).
- Dispose of or deposit matter removed from a watercourse on land adjoining the watercourse. (Section 15).
Contact
LLFAdrainageteam@northlincs.gov.uk
Church Square House
30-40 High Street
Scunthorpe
North Lincolnshire
DN15 6NL