Riparian landowner responsibilities - Print version

Riparian landowners

Riparian landowners are those responsible for the maintenance of watercourses, rivers, culverts and ditches which flow through their property.

Riparian landowners are legally required to maintain the watercourses for which they are responsible to an adequate standard.

Riparian landowner rights and responsibilities

Your rights as a riparian landowner are to:

• Own up to the centre of the watercourse, unless ownership is otherwise stated
• Receive water flows in its natural state, without interference to quality or quantity
• Protect property from flooding and erosion
• Fish with the legal methods and licenses
• Extract up to 20 cubic meters of water per day for domestic purposes

Your responsibilities as a riparian landowner are to:

• Accept water flow quality and quantity and to transfer this downstream along with drainage from your property
• Accept water ponding within your property, even if this is caused by inadequate channel capacity further downstream
• Keep watercourses clear of debris including animal carcasses, trash, trees and shrubs
• Any structures on your land must be kept clear of debris at your own expense, including trash screens, culverts and weirs.
• Carry out necessary watercourse maintenance at your own expense to the satisfaction of the relevant authority
• Allow water to flow unobstructed, free from pollution and diversion
• Allow the free passage of fish
• Not add any garden waste or litter from your property to the channel
• Ensure that protected species and their habitats are not harmed and that wildlife is preserved

Hedge and Ditch rule

The Hedge and Ditch rule applies where a land boundary is separated by a hedge and a ditch adjacent to another landowners property. Where there is no evidence to suggest otherwise, the hedge and ditch will belong to the owner on the same side as the hedge.

Culverts

Culverts which run underneath the property are considered to be the Riparian Landowners responsibility to keep it clear of debris and freely flowing. For a watercourse in this condition, regular maintenance is key to prevent flooding upstream. The cost of maintenance works lies with the Riparian Landowner. 

Highway ditches

Any ditches running alongside highways usually belong to the riparian landowners. Landowners should not carry out work which obstructs free drainage from the highway. The Highway Authority has the right to drain into this ditch, regardless of ownership.

The Highway Authority become responsible for the ditch when it has been specifically created or piped through their authority.

Riparian landowners and flood risk

Riparian landowners have a responsibility to manage all flooding on their property.

As a landowner, you are not allowed to build any feature which could divert water and consequently increase flood risk elsewhere. Any structures require planning permission and Land Drainage Consent before construction can commence.

A flood defence asset is any feature on your property which may be important to protect from flooding. Where property is listed as an asset, permission must be sought before the asset is altered or removed, or before any work within 8 metres of the asset needs to commence.