North Carolina Drainage Easement Laws
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FAQ
Types of Easements Sewer Easements ? Visit Raleigh Water's Sanitary Sewer Easement page for more information. Drainage Easements ? Drainage easements are stormwater related easements that allow for surface flow of water and/or protect underground and above ground stormwater infrastructure.
Private stormwater or drainage easements are located in areas where there is a storm drain system, a stormwater swale and/or access to a stormwater management structure such as a wet pond. Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings.
Are there any State laws that pertain to drainage? The General Law in North Carolina states that the person on the lower estate must receive and pass the water from the higher estate(s).
Fences or other permanent structures cannot be placed in the right-of-way or public easements (greenway, utility, water, sewer, drainage, etc.).
Drainage easements are created to designate areas for the passage of surface water runoff. Individual property owners are responsible for the maintenance of any portion of a recorded drainage easement that is located on their property.