Frequently Asked Questions

It is essential to discuss this problem with either the builder of the home or the future homeowner(s) as soon as the problem is noticed. In some cases, this is a temporary issue until the site is completed and has established vegetation. Drainage issues are much easier to fix during the building phase than after. Also, some communities require a lot grading plan. This can be reviewed by the community and the builder to make sure it was followed. 

Generally this is allowable as long as the water continues to follow its natural established course of flow (e.g. not sending water uphill when it went downhill) and the reasonable use rule applies. This is explained in detail in the Ohio Drainage Laws found in the Ohio Revised Code, Chapters 6131, 6133, 6135, and 6137. 

Unfortunately, in most cases, it is the homeowner's responsibility. When you consider buying property, it is necessary to do your homework! There are numerous resources available to investigate your future home site. Soils are one of the most important items to research before purchasing property. The Web Soil Survey will describe all the soil types in an area, as well as suggest which soils are generally suitable for septic systems, building, farming, and other uses. Also be aware of where your house is located uphill or downhill. Water flows downhill, so property located in valleys and lower elevations will receive larger amounts of water during a heavy rain, no matter what neighbors are doing. Doing this research can possibly save a lot of money in damage due to wet soil conditions. Utilizing the Soil Survey and input from water management professionals are important steps in the home-buying process. 

No. The District cannot enforce drainage issues on private property. They cannot enter a landowner's property and order them to halt activity or force them to drain surface water off their land. If a landowner, either upstream or downstream, requests technical assistance with solving drainage problems on their own property, SSWCD is happy to respond and provide as much information as our expertise allows. Unfortunately, this may require that the property owner invest their own time and money to correct problems that originate on a neighbor's land. 

Again, this ends up being a private issue where Summit Soil and Water Conservation District has no authority. Talking to your new neighbor and trying to resolve the problem is the best option. If this does not work, you have the option to seek legal counsel and go to civil court to resolve the drainage issue.