Who Is Responsible?
The Council is the land drainage authority and has permissive
powers over ordinary watercourses, this includes approval of
proposed works and requiring land owners to undertake maintenance
works to watercourses to prevent nuisance.
The Environment Agency are responsible for main rivers such as
the River Chew and River Avon.
River or ditch flooding normally occurs as the result of a storm
or series of storms over the whole of a river's catchment. These
storms are usually of longer duration and are less intense than the
storms that cause flash flooding. Normally the Environment
Agency is able to issue several hours warning of the likelihood
of river flooding, using their automatic flood warning system if
you are registered to receive it, and by Radio and TV messages. You
can call their Floodline on 0845 988 1188 to find out
the latest information on river and coastal flooding.
The vast majority of rivers, streams and ditches are the
responsibility of the 'riparian' landowners who own land on either
bank. If your property is adjacent to a watercourse of any
description you are a riparian owner and should be maintaining it
regularly. This will have the benefit of reducing the risk of
flooding from the watercourse at times of wet weather - both for
you and your neighbours.
Even if the Title Deeds for Owner property show the boundary to
be the fence, he has riparian rights and responsibilities to the
centre of the watercourse.
As a riparian owner you have certain rights and responsibilities
in relation to the watercourse flowing through or adjacent to your
property. These 'riparian rights' are based on common law and have
been defined as a result of legal cases over many years. These
rights are not absolute and you may in any event have to obtain
consent for any works from the Environment Agency or the
Council.
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Your Rights
- You may own land up to the centre of the watercourse.
- You have the right to receive flow of water in its natural
state, without undue interference in quantity or quality.
- You have the right to protect your property from flooding, and
your land from erosion.
- You have the right to fish in your watercourse, although this
must be by legal methods and with an Environment Agency rod
licence.
- You can abstract a maximum of 20 cubic metres per day of water
for the domestic purposes of your own household or for agricultural
use, excluding spray irrigation, from a watercourse at a point
which directly adjoins your land without the need for a licence.
Most other types of abstraction will require a licence from the
Environment Agency. These rights are modified by your Duty to other
riparian owners, the rest of the community and to the
environment.
- Before starting any work on or adjacent to a watercourse, you
must submit the plans of any work to the Council and/or the
Environment Agency to determine whether you require a land drainage
consent and/or planning permission. Environmental issues, including
flood risk, wildlife conservation, fisheries, reshaping of the
river and landscape, must all be considered.
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Your
Responsibilities
- You have the responsibility to pass on flow without
obstruction, pollution or diversion affecting the rights of
others
- You have the responsibility to accept flood flows through your
land, even if caused by inadequate capacity downstream, as there is
no common law duty to improve a watercourse
- You have the responsibility for maintaining the bed and banks
of the watercourse (including trees and shrubs growing on the
banks) and for clearing any debris, natural or otherwise, including
litter and animal carcasses, even if it did not originate from your
land. You must not cause any obstructions to the free passage of
fish
- You are responsible for keeping the bed and banks clear from
any matter that could cause an obstruction either on your land, or
by being washed away by high flow to obstruct at a structure
downstream. Watercourses and their banks should not be used for the
disposal of any form of garden or other waste.
- You have the responsibility for protecting your property from
seepage through banks. Where such seepage threatens the structural
integrity of a flood defence, it may become the concern of the
Environment Agency.
*Reproduced from the Environment Agency publication 'Living on
the Edge'
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Further Information
For flooding/land drainage queries, please contact Council
Connect via the contact details given at the bottom of this
page.
