Who is responsible for drainage, ditches and beaver dams on a BC property?

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Water running between lots is mostly between neighbours, but work in a creek, a ditch that counts as one or a beaver dam follows the Province's rules, and a road's ditch is the road owner's. Where water goes on a lot decides where a house, a septic field and a driveway can sit. Most of it is between neighbours; the rules start once water runs in a creek or a ditch the law counts as a stream, along a road, or through a drainage district. Look up the address or PID on PlaceDossier to see the record for that lot. Water between neighbours: No BC statute we read sets who may let surface water run onto whose land. In general the courts have let water run off land naturally, but held an owner liable for gathering it up and sending it onto a neighbour in a pipe, ditch or regraded slope (our reading of the common law, not a rule we quote). Whether that fits a lot is a question for a lawyer. The council's drainage rules: A local government may require an owner who builds a paved or roof area to manage and dispose of the runoff as its bylaw says, and may cap how much of a lot impermeable surface can cover (Local Government Act s. 523). Many councils also have drainage or watercourse bylaws of their own: ask whether this one does. When a ditch is a stream: The Water Sustainability Act's stream is a natural watercourse or body of water, or a natural source of water supply such as a creek, spring, ravine or wetland, whether or not its channel has been modified and whether or not it usually holds water (s. 1). A dug ditch that carries a natural creek can be one (our reading); a ditch dug where no stream ran usually isn't. FrontCounter BC can say which a ditch is. Work in or about a stream: Changing a stream, its banks, the vegetation along it or its flow needs a change approval or another authorization, unless the regulation lists the work as an authorized change (Water Sustainability Act s. 11; Water Sustainability Regulation s. 37). The list includes a culvert or clear span bridge for a road, trail or footpath that meets its conditions (the culvert at least 600 mm across, passing fish and debris, s. 39 (1) (a), (b)) and installing or cleaning drainage outlets (s. 39 (1) (q)). Most listed work needs a notice to a habitat officer at least 45 days ahead (s. 38); cleaning a drainage outlet doesn't. A habitat officer can set a timing window and other conditions (s. 44). Beaver dams: Disturbing or destroying a beaver house, den or dam is an offence, except by a licensed trapper, to provide irrigation or drainage under lawful authority for the protection of property, or as a regulation allows (Wildlife Act s. 9). Removing a beaver dam is an authorized change under the water rules only if it's done so that flooding and erosion don't follow downstream (Water Sustainability Regulation s. 39 (1) (u)), and it needs the 45-day notice (s. 38). Ditches and culverts along a road: On a provincial highway, its ditches, drains and culverts are part of the Ministry of Transportation and Transit's works (Transportation Act s. 1), and no one may build on, fill or change them without its permission (s. 62); a culvert under a new driveway comes with the driveway permit. In a municipality the council looks after its streets' ditches; ask its engineering department. Drainage and diking districts: Some land lies in a drainage, diking or development district under Part 2 of the Drainage, Ditch and Dike Act, run by commissioners who may levy taxes on the land it benefits for the works (ss. 58, 81); those taxes are a first charge on each lot in the district's assessment roll (s. 96). Others are served by an improvement district or a dike authority. Ask the local government whether the lot is in one. On ALR land: Digging or filling for drainage, dikes, irrigation or livestock watering works for farming needs no application while the soil moved or fill placed stays at 320 m³ per 16 ha a year or less (ALR Use Regulation s. 35 (c)); more needs the Agricultural Land Commission. The water rules above still apply. What it means for a buyer: Low spots, wet ground in spring, a sump pump, water staining in a basement, a ditch or culvert across the lot, or a pond held up by a beaver dam all say where water goes (our reading). Ask the seller, look after rain, and ask a home inspector; a lot's report gives the creeks, lakes and wetlands mapped within 30 m and the floodplain maps.

Who is responsible for drainage, ditches and beaver dams on a BC property?

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