North Carolina Drainage Easement: Explanation and Types A North Carolina drainage easement refers to a legal agreement that grants a specific right of way for the purpose of facilitating drainage on a property located in the state of North Carolina, USA. In simple terms, it allows for the unobstructed flow of water across properties, preventing flooding and potential damage. Drainage easements are essential in managing stormwater and surface runoff, especially in areas prone to heavy rainfall or where topographical factors may lead to water accumulation. These easements ensure that water can freely move away from a property, protecting it from saturation, erosion, and subsequent damage to buildings, landscapes, or infrastructure. Types of North Carolina Drainage Easements 1. Gravel Drainage Easement: A gravel drainage easement is commonly used in rural or agricultural areas of North Carolina. It involves the creation of an earthen channel or scale that features a layer of gravel or rock. This type of easement allows for proper water dispersion, filtering through the gravel layer, leaving the surrounding area free from excessive flooding risks. 2. Culvert Drainage Easement: A culvert drainage easement is employed when a property requires the installation of a culvert to maintain efficient water flow. A culvert is a structure typically made of pipes or reinforced concrete that allows water to pass through, either under a road or walkway. This type of easement is used when a natural waterway is obstructed, preventing the free flow of water. 3. Stormwater Drainage Easement: Stormwater drainage easements are common in urban and suburban areas of North Carolina, where a well-maintained stormwater management system is necessary. These easements involve the installation and maintenance of storm drains, catch basins, and other infrastructure to channel rainwater efficiently away from properties, roads, and public spaces. 4. Surface Drainage Easement: Surface drainage easements typically focus on managing surface runoff, which is water that does not permeate the soil but instead flows overland. This may occur due to impervious surfaces like roads, sidewalks, rooftops, or compacted soil. The easement includes the creation of sales, ditches, or graded slopes to direct water away from structures and onto designated drainage routes. 5. Conservation Drainage Easement: A conservation drainage easement aims to preserve natural habitats, wetlands, or environmentally sensitive areas while still addressing water management. These easements often require the use of low-impact development techniques such as rain gardens, bioswales, or retention ponds to control the movement of water while minimizing environmental disruption. By establishing these various types of drainage easements, North Carolina aims to ensure proper water management, protect properties from water-related damages, and maintain the overall environmental health of the region. These easements provide a legal framework that allows landowners to maintain their properties while contributing to the collective effort of responsible water management.
North Carolina Drainage Easement
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Easements & Right-of-Way Private drainage easements: Fences may be placed within private drainage easements at the discretion of the homeowners association, landowner, or other entity whom the easement serves.
North Carolina enshrines its easement laws in various General Statutes that work together to create the rules. For a drainage easement (or any easement) to be enforceable, it must be in writing between the owner of the property (the grantor) and the entity receiving the easement (the grantee) and signed by all parties.
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
Can my neighbor direct their water on to my land? If the higher landowner unreasonably diverts the flow of runoff, increases the flow, or contaminates the runoff in a way that causes material damage to the lower landowner, then the lower landowner can bring an action for an injunction and damages.
These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.
If fence is parallel to stormwater infrastructure within the easement, the fence must be a minimum of 5ft or a ratio away from the infrastructure whichever is greater (ie. storm pipe within the easement is 7ft deep, fence must be located 7ft away from pipe where proposed parallel).