Agricultural Drains FAQs
Questions:
How does a municipal drain benefit my property?
Who is responsible for maintaining the drain?
Who pays for the cost of construction and maintenance of the drain?
What is the difference between Benefit charges and Outlet charges?
I do not plan to develop or farm my property, why do I still have to pay for the drain?
What do I do if I want maintenance done on a section of the drain?
Who decides what maintenance gets done?
Can I clean the ditches on my property?
What do I do if I don't want to be part of the municipal drain anymore?
Who do I contact if I have any questions or concerns?
Answers:
A: A municipal drain is constructed to improve the drainage of agricultural lands. It is used primarily in rural areas to discharge excess water from the private agricultural tile drainage systems, roadside ditches, residential lots, churches, schools, industrial lands, commercial lands and any other properties.
Municipal drains have been part of the local infrastructure since the 1800's. Without these drainage systems in place, many of the City's rural areas would be flooded on a regular basis causing decreased farm production on the land and increase public health risks.
A: The Drainage Act provides for a Municipal Drain to be created. Not all ditches and buried pipes in the City are considered municipal drains. The City must first pass a by-law adopting an engineer's report to class a ditch or pipe as a municipal drain.
The process of designating a municipal drain contains three key elements:
- Community Project - Landowners who need to solve a drainage problem may request a municipal drain by submitting a prescribed petition under the Drainage Act to the City of Kingston. If the situation meets certain criteria, the City will appoint an engineer to prepare a report to identify the proposed solution to the problem and how the costs will be shared among the landowners in the watershed of the municipal drain. There will be a number of meetings where landowners can receive more information, voice their desires and their concerns about the municipal drain. There are also several appeal stages where landowners can voice their objections. The result - an engineering report for a "communally accepted " project.
- Legal Existence - Once the project has been "communally accepted", the City will pass a by-law to adopt the engineering report. The City now has the authority and the responsibility to construct a municipal drain. The cost of the work is then assessed to each property within the watershed using the same ratio identified in the engineering report.
- Municipal Infrastructure - Once a municipal drain has been constructed under the Drainage Act, it becomes part of the City's infrastructure. The City's is responsible for repairing and maintaining the municipal drain.
Q: How does a municipal drain benefit my property?
A: Benefit will vary between different lands, according to their differences of elevation, the quantity of water to be drained from the land, the distance from the municipal drain, and the presence or absence of other existing drains, natural courses and other like factors.
A municipal drain may benefit a property owner by raising the value of the property making it more marketable, by increasing the productivity of the land and by preventing water from entering on to it.
Q: Who is responsible for maintaining the drain?
A: The City is responsible for maintaining the municipal drain on behalf of the community of property owners. The City will periodically arrange to enter onto your property and undertake any necessary work. While work is in process, the City will need access to the working space alongside the drain. Maintenance equipment may be brought onto the land and the land may be disrupted.
Because this is a titled easement, you will not be reimbursed for damages to this land. If you have trees or a raised structure in this area you may be required to pay the cost of having these obstructions removed.
As a property owner, it is your responsibility to remove the debris from the catchbasins located on your property or the adjoining road and report any problems to the drainage superintendent. Do not store materials such as brush, wood or other floatable material near the drain; in a storm they could float away and block the drain.
All municipal drains eventually connect with a lake, river or stream. Therefore, do not direct septic system waste, milkhouse waste, barnyard and manure storage run-off or other pollutants directly to these drains.
Q: Who pays for the cost of construction and maintenance of the drain?
A: The property owner pays for the cost of the construction and maintenance of the municipal drain. The cost to each property owner will differ based on the benefit the property is expected to receive. Possible benefits are listed above.
An owner has no responsibility for work done upstream from his or her property unless the work provides a benefit by "cutting off" a harmful flow of water across the property.
If the municipal drain does not provide any benefit to the property, or is of no commercial or agricultural value, the Act does not require a contribution for benefit from the property owner.
The City may accumulate the cost of maintaining the drain up to five years or $5,000. Therefore, you may be billed for work that occurred before you owned a property.
Q: What is the difference between Benefit charges and Outlet charges?
A: Benefit charges are determined and assessed by the Engineer and based on the long-term benefit to the property. The benefit charges are reported in the original Engineering Report and adopted by council.
Outlet charges are calculated on a per acre of land basis, i.e. if you property has 10 acres of land within overall 100 acre drainage area, you will be responsible to pay a relative percentage in outlet charges.
Q: I do not plan to develop or farm my property, why do I still have to pay for the drain?
A: The owner of undeveloped property may feel they should not be assessed since the drain contributes no benefit to the properties current use. However, the property could change hands and the new owner might want to drain and develop land. It is with this in mind that the engineer must make an assessment, regardless of the present owner's intentions.
It is the duty of the engineer to determine whether or not a parcel of land will benefit from the project. When appealing a benefit assessment, the landowner must prove that the land does not benefit from the drain.
Q: What do I do if I want maintenance done on a section of the drain?
A: If you would like maintenance done to a section of the municipal drain, contact Jim English of the City's Engineering Division. Contact information is listed below.
Q: Who decides what maintenance gets done?
A: The Rural Affairs Committee is an advisory body to City Council. It was established to advise council on rural issues. The committee has set-up a sub-committee composed of 10 local landowners and the District One councilor to oversee the maintenance schedule and work.
The Drain Sub-Committee meet to set budgets, review grants, inspect maintenance work completed and review areas where maintenance has been requested - usually at the request of the property owner.
Q: Can I clean the ditches on my property?
A: Landowners may work on the ditches located on their property. Under Section 80, of the Drainage Act, the municipality may also instruct the property owner to do work on the ditches located on their property.
Prior to any maintenance, it is necessary for the land owner to meet with the Drainage Superintendent and City staff to ensure the drain will not be damaged as a result of any work done by the land owner. If damage occurs as a result of any work done by the land owner, the land owner may be subject to legal action by the municipality under Section 82 of the Drainage Act.
Q: What do I do if I don't want to be part of the municipal drain anymore?
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A: Under Section 84, of the Drainage Act, a drain can be abandoned, in whole or in part, by petition. The petition to request abandonment of an area must be submitted to City Council.
In order for the petition to be considered it must be representative of and supported by the signatures of 75% of the landowners in the benefit property area. The petition should include the printed names and signatures of each property owner followed by the roll number, lot number and concession number.
Q: Who do I contact if I have any questions or concerns?
A: For more information visit the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Web site or contact:
Jim English,
Engineering Division
City of Kingston
1425 Midland Avenue
Kingston, ON
613-546-4291, ext. 3138
jenglish@cityofkingston.ca
