can i request the county to lower inlet that was already constructed

[delagina]

my client site is existing. county widen the road and i believe also increased the road elevation.
county installed a pipe culvert with inlet on the side of the road, in front client site.
but client site is lower than inlet opening so we need to add fill to increase site elevation so it can slope to county inlet.

i want to ask by law what are client rights when county widen road specifically when it comes to flooding client site.

i don't want to just say to client we need to add fill to increase site elevation so it can drain to inlet if this is county responsibility.

 

[delagina]

see pic attached.. everything is on gravel area except the widen

road which is asphalt..

 

[oldestguy]

In most areas there are rules regarding what you can do with water flow. Changing the flow situation damaging someone usually can be a legal battle. If the pipe and the inlets are thee where previously there was a ditch, maybe some thing can be done about it. It may take an engineer familiar with local drainage rules to do the negotiating.

 

[delagina]

inlet and pipe culvert are new.. it was just recently constructed as part of road widening..

 

[cvg]

if the road was raised and that backs up more water onto site that previously drained away, than your client may have a claim of damage

 

[delagina]

@cvg, what is the procedure for this? how long will this take? i haven't done something like this.

 

[oldestguy]

First off be sure you are correct in saying "having been damaged". A check of local, county and state laws. State likely is on Internet. The state departments that approve developments, handle surface water issues, such as erosion damage may help. The environmental sections probably. can help. Then, before getting serious, with the help of someone who design subdivisions and knows the regulations or at least convention, a meeting with the higher ups in the highway dept may well take care of it. If no progress an attorney experienced in the water field would be a next step.

 

[BridgeEI]

Did your clients site drain to the existing ditch before or does it drain to another area? Does the new road have a ditch so you have a berm in front of the property now?

 

[delagina]

yes, site drain to existing open ditch on the side of the original road.
the new widened road, county installed an inlet with pipe culvert, instead of the open ditch it had before (see sketch).
inlet and pipe culvert is fine except site is not draining to inlet because site is lower than inlet opening elevation.
regrading site to flow to inlet is an option but of course this will come at a cost to client.
i'm just curious if telling the county to just lower the inlet opening is an option.
but if this could be a pain and require a lot of paperwork or whatever then we'll just regrade the site

 

[delagina]

no, i don't think hiring an attorney is not an option here. site is small.
it would be cheaper and easier to just add fill and regrade it.
but if county can easily modify their inlet to lower its opening elevation, then we would want that.
i don't know how much a pain is this, requesting county to fix their "mistake"

 

[Ron]

Agree with cvg....if the county caused more water to drain onto your client's site than before, then you likely have a claim.

I would go to the County Engineer and state your case. You have two choices....the county can reset its culvert or they can pay for your fill. Offer those options to the County Engineer.

 

[oldestguy]

I'd go further than Ron. When they are done correcting their mistake your site drainage that used to go to the ditch should be restored, possibly by lowering their grade along with the lowered inlet. Possibly even more inlets are needed. You should not have to raise your grade to meet their changes.

 

[JedClampett]

If you change your grade it might impact someone else's property's drainage. Then your client would be subject to a claim.
I think the first step is a meeting. Maybe the issue was inadvertent and the county will just say "oops" and fix it. Keep good records, however, just in case.

 

[chicopee]

To add to JedClampett take a lots of pictures when stormwater develops. My idea is to work with the county and don't mention any legal avenue that you may entertain until such time if the situation is irreconcilable.