What Are Storm Drainage Easements?

Understanding storm drainage easements is essential for any commercial property owner. These stormwater management easements are legal agreements that grant the government or local authority the right to use a designated portion of your land for stormwater control and drainage. While they might seem straightforward, there are critical aspects to consider about these easements’ permanence, ownership, and impact on your property.

Need expert advice or stormwater management services in MD, DC, or VA? Contact iSTORMWATER online or call us at (410) 231-3455.

The Basics of Storm Drainage Easements

In general terms, an easement is a right granted by one property owner to another, allowing them specific use of a portion of the owner’s land. Storm drainage easements are a type of utility easement that permits local authorities to access and manage water drainage on your property. These easements are often permanent, meaning they remain in place even if ownership changes.

Ownership and Maintenance of Drainage Easements

Granting a storm drainage easement does not mean you lose ownership of the land. Instead, the government has specific rights to access and manage drainage within the designated area, while you retain full ownership. As the property owner, you’re responsible for regular maintenance within the easement, such as mowing and clearing debris. This maintenance is vital to keep the drainage area functioning properly.

Need assistance? iSTORMWATER can help you create a tailored maintenance plan for your storm drainage easement to ensure efficient operation and compliance.

How To Determine If You Have a Storm Drainage Easement

To see if your property includes a drainage easement, check the property plat you received upon purchase or consult local government land records. These easements are legally recorded, ensuring transparency in land use. Being aware of a stormwater management easement on your property can influence your land use and grant government access to perform necessary drainage maintenance.

Here are resources to help you confirm a drainage easement:

Maryland Plat Lookup
Virginia Plat Lookup
DC Plat Lookup

Permanence of Stormwater Management Easements

Most stormwater management easements are permanent. Once recorded, they become part of the property deed and transfer with each sale unless abandoned by the government, which is rare. This permanence can influence property development and future land use.

Common Misconceptions About Storm Drainage Easements

A common misunderstanding is that granting a storm drainage easement means losing control over the land. However, property owners maintain ownership rights and responsibilities, and the government can only access the designated area for drainage purposes. Stormwater management easements don’t allow permanent changes to areas outside the easement boundary, which gives property owners peace of mind.

Impact on Property Use and Development

Drainage easements can influence property use significantly. Activities like building, tree planting, or fence installation may be restricted within the easement. Adhering to maintenance guidelines is also essential to avoid legal issues and ensure effective stormwater drainage. If you’re planning to develop your land, understanding these limitations can help avoid setbacks and potential fines.

Seek Legal Advice Before Agreeing to an Easement

Before granting a stormwater management easement, consult an attorney specializing in property rights. Understanding the legal implications of a storm drainage easement is crucial, as it may affect your business operations or development plans. An attorney can clarify any concerns and help protect your property interests.

For expert stormwater management solutions in MD, DC, or VA, call iSTORMWATER at (410) 231-3455 to schedule an appointment.