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My neighbor is running his water onto my
property and causing problems. What can be done
about it?
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What information should I be aware of regarding
the construction of a new house?
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What information is available regarding drainage
on my property?
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Is someone able to come out to my property and
offer some advice?
Most drainage complaints involve private
property, and must be handled as civil
matters. No county or township agency has
authority to maintain or improve storm drainage
faculties across an individual's property. They
also don't have authority to make someone or his
neighbor do anything.
There are provisions of the Ohio Revised Code
(ORC) that address drainage problems. Section
3767.13 of the ORC, in the Nuisance Law,
prohibits any person from unlawfully diverting a
watercourse from its natural course or state in
a way that injures or prejudices others. The
penalty for violation of Section 3767.13 is a
third degree misdemeanor.
In almost all cases, the landowner must initiate
the action to resolve the drainage dispute or
make the drainage improvement. Alternatives an
individual might consider to resolve a drainage
problem are:
·
Landowner may chose to do nothing and accept the
consequences, such as continues flooding, flood
damage, etc., and possible future litigation by
a third party. Many landowners do select this
alternative.
·
The landowner may work voluntarily with other
landowners involved in the same drainage
problem, and try to work out an agreement to pay
the necessary costs and construct the
improvements.
·
The landowner may consult a qualified attorney
to present a case for getting the drainage
problem resolved in a court of law.
Most often the landowner is trying to collect
damages resulting from the neglect of others to
properly address a drainage problem. The Greene
SWCD is not a regulatory agency; we do not have
the authority to tell property owners what they
can and can not do with their land. An
appointment can be made to discuss options with
the person with the concern.
Many times, the soil type and its capabilities
are overlooked when planning to use the
land. Some soils are not suitable for septic
tanks or homes with basements, while others can
support them. For a complete description of all
soils located in Greene County, please stop in
and take a look at the soil survey.
Further, if you live in a sub-division,
construction drawings have been submitted and
approved by the respective government agency.
Therefore, property owners in a sub-division
have a grading plan that your home site has been
constructed to. This information is available
through our office.
Take a look at this brochure:
Before You Buy or Build
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What information is available regarding drainage on my property?
Several different brochures and fact sheets are
here which discuss drainage and runoff on
private property. Please look at the following
online article. If you would like more details
or have a question, please
contact us.
Drainage Around Your Home
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Yes. With the county growing as quickly as it
is, many people call for information and
appointments. Spring is probably the busiest
time of the year because of melting snow and
heavy rains.
Also, please keep in mind the advice that is
given, may not necessarily be what you want to
hear. Recommendations are made based on facts
and resources, and the topography of the land.
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