lawyer who specializes in illinois stormwater drainage lsws

by Dr. Rene Graham DVM 4 min read

Who is responsible for rainwater drainage?

Sewers and lateral drains connected to the public network used to be the responsibility of the property owner. However, most are now maintained by local water companies. If you have any problems with your sewer or lateral drain, for example if it's blocked, contact your local water company.

Who owns a drainage ditch?

The riparian owner of any ditches alongside roads is normally the adjoining landowner, as the highway boundary invariably lies along the top of the bank closest to the road. Thus, although the road may drain into the ditch, the landowner is responsible for maintaining it.

Can a neighbor drain water onto your property?

There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour's land. But you are not allowed to artificially channel water a way that will cause damage your neighbour's land. If you do, you may face a civil action.

Who is responsible for surface water run off?

Land Drainage is a complex area of responsibility, but in short a landowner is responsible for the drainage of their land. By law a person owning lower-level land has to accept natural land drainage water (that is, spring water, ground water or surface water run-off) from adjacent land at a higher level.

Who is responsible for ditches and culverts?

landownersDitches or watercourses are the responsibility of landowners (often called riparian owners). Roadside ditches normally belong to the adjoining landowner and not the highway authority, except where land has been acquired for new road building.

Who is responsible for roadside drainage?

Your local authority is only responsible for the drain gullies on highways. Private land, or the land for which you are responsible, usually extends to the boundary of your garden or driveway. If you are based on a country road, any leaks on the road itself and road drains are the responsibility of the local authority.

Can I sue my neighbor for water damage?

Water Damage Caused by Carelessness If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.

Who is responsible for flood water?

Water companies are Risk Management Authorities (RMAs) and play a major role in managing flood and coastal erosion risks. They manage the risk of flooding to water supply and sewerage facilities and flood risks from the failure of their infrastructure.

Who is responsible for downpipes?

General principle is as you would expect - the downpipe is the property and responsibility of the person whose roof it drains. Usually it is wholly on the land of that person, too, although not always.Mar 26, 2014

Is my property connected to mains surface water drainage?

If you have a drain that connects to our sewer which receives rainwater from any part of your property or land, your property is connected for surface water drainage. If you live in a flat or have a shop below a flat, your property will be connected if the rainwater from the building runs into our sewer.

Should I be paying surface water drainage?

You should only be charged for surface water drainage for areas which, directly or indirectly, drain into public sewers.

How do I know if my drain is a soakaway?

If you're wondering 'how can I tell if I have a soakaway? ', simply follow the rainwater pipes down from the side of your house into your garden. If they lead to a slightly lowered area where your lawn dips, there's a chance you have a soakaway installed.Mar 6, 2020

Illinois Drainage Law

Property owners should consult their attorney for legal advice in matters involving Illinois Drainage Law. Kane County Water Resources is not able to provide legal advice.​

What is Illinois Drainage Law?

The most basic principle of Illinois Drainage is that landowners are responsible for the drainage that occurs on their property and that landowners must accept surface water flowing naturally from higher ground. Additionally, landowners must accept whatever advantages or inconveniences of drainage nature places upon their land.

What is drainage district in Illinois?

Illinois law provides for the creation of drainage districts to give landowners a means of securing proper drainage and provides for a system of assessments that includes only the lands benefited by the district. The drainage code allows drainage districts to “use any part of .

What is the law of natural drainage?

The Law of Natural Drainage(Civil Law rule) dictates that the “natural flow” of the water is controlling. The servient or lower landowner generally must accept what water comes to it and cannot alter the flow away from the dominant or higher landowner.

What is the Illinois Department of Natural Resources?

The Illinois Department of Natural Resources (IDNR) has the authority, under the Rivers, Lakes and Streams Act, to administer a permit program regulating construction within public bodies of water and within 100-year floodplains of inland and coastal waters of the State of Illinois (615 ILCS 5/18f).

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