Pitt County Soil & Water

Drainage issues affect private property owners as well as developers throughout Pitt County. Many questions are posed to local government representatives concerning this issue. Below are examples of some of those issues and questions. Many of the issues arise due to the fact that the flow of surface water has been altered.

For a long time North Carolina held to the Civil Law Rule with regard to surface water drainage. This rule obligates the owners of lower land to receive the natural flow of surface water from higher lands. It subjects a landowner to liability whenever he interferes with the natural flow of surface waters to the detriment of another in the use and enjoyment of his land. Almost any use of land involves some change in drainage and water flow whether a big commercial development, building a house or subdivision, agricultural activity or logging operation. This makes strict application of the Civil Law Rule impracticable.

1. The easement of the uphill owner has the right to accelerate and increase the natural flow but that right doesn’t include the diverting of water.

2. Natural flow of water means that no altercations can be made to the flow by the upper landowner which diverts water to the lower owner in a different way. Also, the water can not be diverted to a different location from which the natural flow would take it.

3. The downhill owner can not obstruct the natural flow from above in any way. The North Carolina Supreme Court formally adopted the Rule of Reasonable Use with respect to surface water drainage in the case of Pendergrast vs. Aiken in August 1977. The adopted Reasonable Use Rule allows each landowner to make reasonable use of his land even though by doing so, he alters in some way the flow of surface water thereby harming other landowners. Liability is incurred when and only when this harmful interference is found to be unreasonable and causes substantial damage. “Reasonable” and “Substantial Damage” is still up for interpretation on a case by case basis. But the Reasonable Use rule is in line with realities of a modern developing society.

1. Subdivision lots have recorded drainage easements to control surface drainage. A lot owner fills in an easement to facilitate mowing which causes flooding in the adjacent property owner’s carport or basement. Water has the right to pass across property through open channels or enclosed pipes. A drainage easement grants this. If change occurs which prohibits or restricts flow then it would be a violation of the local government’s ordinances. Any plan that will alter drainage ways has to be reviewed by the local government planners before construction. But, if a landowner alters the drainage way prior to review, the landowner can be forced to restore the drainage back to the original condition or submit plans for the proposed drainage construction. Damage that may have been caused to adjacent landowner is a private matter between the parties affected.

2. Property owners are concerned that fallen and leaning trees and logs are blocking a stream. They ask representatives of the local government to clear this to prevent flooding and clean the area up. In some cases the petitioners do not own the property along the stream. At the current time, no governmental programs fund debris removal from streams. Logs and limbs in streams are considered normal for a healthy stream. Removal of debris to prevent drainage issues is the responsibility of the owner where the stream is located. Permitting may be required. If an adjacent landowner to the stream causes flood damage to another landowner’s property, it is a private civil matter between the parties affected.

3. There has been severe bank erosion at the bend of a stream, putting a home or other structure in danger of being destroyed. It is the owner’s responsibility to correct the problem if the stream is located on that owner’s property. Contact an engineer to assess the condition of the building that is in jeopardy. If there has been an increase in flow from an adjacent property owner it is a civil matter between affected parties.

4. There is a swampy area located at the rear of a home owners property (could be classified as a wetland). The owner wants to fill the area to eliminated wetness, mosquitoes, etc. An erosion permit must be obtained from Pitt County if the area to be disturbed is an acre or greater. Contacting the U.S. Army Corps of Engineers and the State Division of Water Quality regarding possible “404” and “401” program permitting requirements for work in wetlands should be done as well. Riparian Buffer rules also may apply and affect means of improvements. If no permits are required, the owner can proceed at their own risk.

5. A property owner wants to pipe a ditch on their property. Altering a drainage way requires a plan prepared by a registered engineer or land surveyor and must be reviewed by local government representatives prior to construction. If the ditch is located within the North Carolina Department’s right-of-way, the plans to install piping must be reviewed by the NCDOT Regional Office. The property owner or designer needs to verify that the site is not located in a Water Supply Watershed Critical Area, where piped drainage is not allowed. Federal, State, and local rules may apply for Waters of the US, State, and/or Riparian Buffers.

1. Tax payer funds cannot be used to solve individual or private disputes between property owners by the local government.

2. Drainage ways on private property are not maintained by the local government. Pipe and open channel maintenance on individual lots are the responsibility of the property owner.

3. The local government has authority for sediment and erosion control, water quality protection and zoning. If drainage measures are found to be insufficient by the local government planner, the subdivision plan can be denied and the developer will not receive the grading permit until a corrective plan is submitted and approved.

4. The local government can require a developer to have drainage easements along natural swales while seeking approval of a subdivision plan. The local representatives can only recommend diversions and property line swales to prevent surface runoff from one lot to another. Plan approval can be withheld if a developer proposes a deep cut adjacent to another property and the local government representatives believe it will not function properly. However the local representatives have no authority to take action after the plan has been approved, the site graded, seeded and stabilized, and at a later time erosion occurs. The developer and owner should follow the responsibilities under the common law after approval of the plan. Most of the examples above are private actions and can only be resolved as civil court matters between the affected property owners.

1. If a situation is causing erosion and sedimentation on neighboring land and streets, this is a violation of the Erosion and Sedimentation Control Ordinance of Pitt County and enforcement action can be taken.

2. If actions have been taken to reduce the effectiveness of recorded drainage easements which are part of a water quality protection system, this is a violation of County regulations. As an example, a series of diversions and swales are planned, approved and built which diverts water to a water quality pond. Any filling which makes those diversions or swales ineffective is a violation, and action can be taken.

3. Can provide assistance in evaluating and starting a drainage improvement plan.

Many of the drainage complaints brought before the local government are outside its authority because the disputes involve private property rights. There are only limited situations where the local government can take action, however, an evaluation can be made by the Soil and Water Conservation District office, if permission is granted by the landowner(s).

Pitt County Conservation Education Teacher of the Year

Sue Purser, of D.H. Conley High School, was named Pitt County Conservation Teacher of the Year. She is pictured to the left, with the Soil and Water board.

(L to R) Zeke Jackson, Charles Farley, Sue Purser, Charles Davenport, Steve Sutton, & Thurston James

Pitt Soil & Water Projects

Landowners and users in Pitt County have benefited through technical assistance provided through our district on the following: Assisted Pitt County landowners and land users with drainage problems, developed 49 state cost share contracts with landowners allocating over $167,524 for installation of best management practices. We have closed one abandoned animal lagoons this year, and assisted with confined animal operations on Waste Management Systems. Initiated a watershed study group to address issues associated with storm water runoff and it's effects on Swift Creek and Fork Swamp watersheds. Conducted three agriculture watershed assessment on 303d impaired streams.

Pitt Soil & Water Environmental Education & Outreach

The Pitt County Soil and Water Office accomplished the following in Environmental Education this year: Provided environmental field days for fifth grade students from Belvoir, Elementary School. Sponsored and assisted 6 middle school and 6 high school teams to attend and compete in the Coastal Envirothon at Cool Springs in New Bern. D.H. Conley High School team took 1st place in the competition while Farmville Middle took 3rd place. The district also sponsored 8 qualifying teams to attend the State Envirothon at Cedar Rock Park in Burlington. The Pitt Soil and Water also made 42 environmental presentations to various groups this year.

In-Line Tile Box Water Control Structure

There a miles of drain tile running under the fields of Pitt County and although they control drainage issues, they are also a source of nitrogen runoff. A water management practice that has been shown to improve water quailty from subsurface drainage systems is an in-line tile water control structure, or simply a tile box. Properly using a tile box allows you to control the water surface elevations and discharge from surface and subsurface drainage systems, such as a tile line. Managing the drainage water coming off an ag production site can result in the following: water quality improvement, improving the soil environment for vegetative growth, reducing the rate of soil organic matter oxidation, reduction in wind erosion, and enabling seasonal soil saturation and/or shallow flooding. This practice applies to areas that meet the following conditions: a high water table exist, field has relatively smooth topography, water table may be maintained without excessive seepage and without having adverse impact on adjoining properties, and the field has subsurface drainage systems. The N.C. Agriculture Cost Share Program does provide assistance on this practice, if you are interested or want to learn more please feel free to contact us.

Pitt Soil & Water Environmental Education

The Pitt Soil and Water Conservation District continues to expand their environmental education outreach program by adding a cornsnake to their wildlife and habitat program.

District Technician of the Year

At the 2008 Soil and Water Annual Meeting, Bryan Evans was named District Technician of the Year by the N.C. Association of Soil and Water Conservation Districts. Bryan is pictured to the left with Director Pat Harris.

N.C. Conservation Farm Family of the Year 2007

Davenport Farms of the Pactolus community in Pitt County was selected as the state winner for Conservation Farm Family. Each year, conservation districts across the state can nominate a farming entity that exhibits sound conservation practices in their daily farming operation. The Davenport's have worked with the Pitt County Conservation team for many years, developing their first Conservation Plan in 1983. Many conservation techniques, including waterways, field borders, no-till, ground and surface water protection, wildlife improvement areas, and selective timber harvesting contributed to their selection for the award. They were recognized at the NC Association of Soil and Water Conservation Districts annual meeting in January and an award ceremony was given by the Pitt Soil and Water Office at Yankee Hall Plantation. Many national, state, and local leaders were present at the celebration to honor the Davenport's for the much deserved award.

It is our vision to be the leader in natural resource conservation for sustainable agriculture within an evolving urban environment.

Pitt Soil & Water Receives National Association of Counties Achievement Award

2011 Outstanding Conservation Education District of the Year for North Carolina