DRAINAGE
The issues associated with the flow of
surface water drainage are not always
simple. In Southern California where we
enjoy mild weather the majority of the
time, there is a tendency to ignore
issues of storm drainage until significant
storm events occur and either private
property or public facilities are imperiled.
The basic drainage rule applicable in
California is that every landowner must
bear the burden of receiving on his land
the surface water naturally falling from
the land above it and naturally flowing to
it and the corresponding right to freely
pass this water to lower lands.
Each property owner’s duty is to leave
the natural flow of surface water
undisturbed. A landowner may not divert
or increase the drainage flow to the
injury of the lower owner. In simplistic
terms this has been phrased “Water
flows as water will flow.” While simple in
context, the application of these
principles can be very complex legally,
and advice from qualified legal counsel
is suggested for other than routine
issues.
When first confronted with a drainage or
potential flooding issue, the tendency of
some individuals is to look to someone
else to be responsible. An individual
may call the Watershed Protection
District (WPD, formerly Flood Control),
but will be advised that the WPD’s
responsibility is only the maintenance of
designated flood control facilities.
The next step may be to call the
Transportation Department. Hostility is
sometimes incurred when the property
owner or individual is informed that the
problem is a private property issue. The
County cannot spend money from the
County Road Fund to resolve problems
on private property for the exclusive
benefit of one or two owners. Any
improvements
paid
for
by
the
Transportation
Department
would
require a demonstrated benefit to the
road system and/or the traveling public.
WHAT CAN I DO TO MINIMIZE
DAMAGE TO MY PRIVATE
PROPERTY?
The first suggestion is to investigate
thoroughly any potential drainage
problems before you purchase the
property. The previous owner may have
a responsibility to disclose any known
drainage or flooding problems. Ask if
there are any drainage or flowage
easements on the property. Look at the
property carefully. If your driveway or
house is below street level, there is a
strong possibility that water may flow
from the street onto your property.
WHAT CAN I DO IF MY NEIGHBORS
DIVERT OR MODIFY THEIR
PROPERTY AND CAUSE FLOODING
ON MY PROPERTY?
This is really a civil issue between you
and your neighbor. The first suggestion
is to talk to your neighbor and try to
resolve the issues. If this fails you may
have to engage legal counsel and/or a
civil engineer to protect your property
rights. Unless grading is done that
violates Chapter 33 of the County
Building Code, Ordinance No. 4273, the
County has no authority or jurisdiction to
resolve such civil matters. If you think a
grading violation has occurred, please
call: (805) 654-2030.
MAY I DIVERT SURFACE WATERS
ON TO THE COUNTY ROAD?
The simple answer is to know if your
diversion damages the roadway.
According to the California Streets and
Highway Code §723, §726, and §1487,
any person who obstructs or injures
County roadway by draining water from
his or her land onto the roadway is liable
for such damages. The property owners
will be notified of the problem and
informed that should they fail to remedy
this situation immediately, the County
will cause the debris to be removed.
The
property
owners
may
be
responsible for any expense the County
may incur in removing said debris or
correcting the damage. In addition,
there may be liabilities for such
additional penalties prescribed by law.
WHAT CAN BE DONE ABOUT MY
DRIVEWAY BECOMING FLOODED
EVERY TIME IT RAINS?
This situation occurs because many
driveways slope down from the edge of
the road to the house or business. This
may also occur if the culvert or drainpipe
under your driveway is too small for the
existing flow. To address the problem, it
may be necessary to install a pipe to
carry the water under the driveway or
deflect the water away from your
driveway. The maintenance of your
driveway, including any drainage pipe or
culvert under the driveway is your
responsibility as the private property
owner. For work in the road right-of-way,
an encroachment permit from the
Transportation Department will be
required, and we recommend you have
the work done by a licensed private
contractor.
WHO IS RESPONSIBLE FOR
PROVIDING PROPER DRAINAGE
FOR NEW DEVELOPMENT
PROJECTS?
Whenever a new development project
increases the storm water discharge
above the existing flow rates for the
property, developers are required to
control the drainage on their properties
to current flow rates.
Otherwise, documentation must be
provided demonstrating that drainage
from their property can be adequately
handled during 10, 50, and 100-year
storms without adversely impacting
adjacent properties or County roadways.
WHAT DOES THE COUNTY DO TO
ADDRESS DRAINAGE PROBLEMS
BEFORE THE RAINS BEGIN?
Each
year,
the
Transportation
Department’s maintenance staff performs
routine maintenance to make sure that
when it rains, water drains properly from
the roadway systems so that flooding
does not impact the travel lanes.
However, in heavy rainstorms, the
existing drainage systems may become
overtaxed. If you see a blocked culvert or
drainage inlet, please contact the road
maintenance staff at (805) 672-2131 to
report the problem.
It should be noted that there are many
areas of the County where there are no
existing drainage facilities. Several of
these areas are low, and in some cases
below the historical flood plain. Ponding
or even flooding may be unavoidable in
such areas during heavy storm events.
REQUESTS AND INQUIRIES
If you have questions, requests, or
suggestions, please call Department
at: or through the “Contact Us” link
at:
Rev. 2/21/08
DRAINAGE