Stormwater and your property
Water that is unable to enter the underground drainage system will find its natural way to the nearest watercourse via overflow paths. These overflow paths are typically roadways, public reserves, pathways and often through private property.
Flooding and nuisance from stormwater can sometimes be an issue for residents due to Eurobodalla's climate and hilly topography, particularly where the flow comes from another property. This can cause conflict between neighbours, so where possible, Council may assist to ensure appropriate action is taken.
Property owner's responsibilities
You must maintain the stormwater pipes, gutters, downpipes, gully pits and any other components of your approved stormwater system on your property and to the kerb in good condition, and in compliance with any Council requirements. This includes maintenance of the stormwater system on your property, as well as any connection to Council's stormwater system.
Usually stormwater runoff (overland flow) happens when rainwater flows over properties on its way to a watercourse. If you live on a sloping site, it is likely that you will receive some natural surface water run-off. Accepting natural overland flow from adjoining properties or public land is necessary, and you must not divert or redirect the flow from its natural path onto neighbouring properties.
Builders are responsible for the management of stormwater on a building site during construction.
Complaints about buildings under construction should be directed to the builder or Principal Certifying Authority (PCA) whose contact details are displayed on the building sign at the front of the property.
What Council can do to help
Changes to overland stormwater flow over private properties usually occurs when:
- a site has been excavated to build a concrete slab, eg, cut and fill style construction
- retaining walls, drains or other structures have been built that result in stormwater being concentrated, diverted or redirected onto other property.
If any change to the overland flow path occurs on a property, the stormwater runoff should be collected and directed to a legal point of discharge.
Problems with overland stormwater flow between neighbouring properties is generally a civil matter to be resolved between the respective owners and Council has limited powers to intervene in disputes.
If you have an issue with stormwater runoff, Council encourages you to first speak to your neighbour about the problem and to seek a mutually suitable solution. If your attempts to resolve the issue with your neighbour are unsuccessful, the Community Justice Centre can provide a mediation and conflict management service. This service is free and confidential.
You can call the Community Justice Centre on:
- T: 1800 990 777
Council can assist in investigating stormwater issues and may provide advice to assist affected landowners.
Where damage to property is occurring, or is likely to occur, Council has discretionary power to issue notices or orders under Section 124 of the Local Government Act 1993. However, Council generally declines to become involved in resolving stormwater discharge problems from one or more private blocks to one or more private downstream blocks. It may be necessary to seek independent legal advice through a private Solicitor, Barrister or the Local Court.
Who to contact if your property is flooding
For emergency help in storm events, contact the State Emergency Service (SES) on 132 500.
- Stormwater Disposal Urban Land Policy (609KB)
- Council's stormwater complaint process (214KB)
- WaterNSW: Stormwater
- NSW Department of Planning, Industry and Environment: Waterway health
We can help you
If you need more information about stormwater, please contact our Public and Environmental Health Team:
- T: 02 4474 1310
- E: Council's Public and Environmental Health Team