Municipal Drains | Township of South Stormont

Municipal drains are systems that help manage excess water in rural areas. They’ve been used in Ontario for over 100 years, mainly to improve drainage for farmland, but they also help remove water from roads, residential lots and other properties.

These drains are built under the Drainage Act. If a landowner needs better drainage, they can submit a petition to the municipality. If approved, an engineer is hired to study the problem and recommend a solution. The engineer’s report also explains how the costs will be shared among landowners who benefit from the drain.

After public meetings and any appeals, the municipality may pass a by-law to build the drain. Once built, it becomes municipal infrastructure and is maintained by the municipality. Future repair and maintenance costs are also shared among the landowners who benefit.

Basic Municipal Drain Example

Maintenance, Repairs and Improvements to Municipal Drains

Most routine drain work, like clearing blockages, removing beaver dams or fixing broken tile, is done under Section 74 of the Drainage Act. This type of work keeps the drain functioning as originally designed.

If major changes are needed, like widening or deepening the drain, a formal request under Section 78 must be made to the municipal clerk. These changes go beyond basic repairs and may require updated engineering plans.

New Drains

Landowners in an area requiring drainage can sign a Petition for Drainage, which will set in motion a project to create a new municipal drain. This falls under Section 4 of the Drainage Act.

The Drainage Act process, including drain construction, takes time and there are many variables involved.

Stage 1 - Petition

To initiate a municipal drain project, submit a Petition for Drainage to the Municipality. To be a valid petition, the petition must be signed by:

The majority of property owners in the area that requires drainage, or
The property owners that represent at least 60% of the land in the area requiring drainage, or
The engineer, road superintendent or person having authority over a road requiring drainage

The "area requiring drainage" is the area within a watershed with a drainage problem or need for drainage outlet - and is not the full watershed.

Stage 2 - Engineer's Report

The engineer's report is temporarily adopted by by-law. Engineers consider a variety of factors in determining how the costs of municipal drains should be shared among property owners. Some of these factors include:

The benefit that the drain provides to the land;
The amount of land within the watershed of the drainage system;
The amount of water contributed by the land (land use and soil type);
The distance the land is from the drain.

Appeals to the report can then occur. After all appeals are settled, Council passes a by-law adopting the engineer's report, giving us the legal authority and responsibility to build the drain.

Stage 3 - Maintenance

Once the drain has been built, the maintenance becomes part of the Municipality's infrastructure.

Who Pays for New Drains?

All lands, roads, and utilities that are within the watershed of a municipal drain are responsible for the costs of construction and the maintenance of that drain. The cost to each property owner will differ based on the assessment schedule as set out in the Engineers report for each Municipal Drain.

For example, if there are seven residences on a road and each property is of equal size and they all require drainage, the Drainage Act says that the majority of owners (in this case, four of seven) can make a petition, or, the property owners that represent at least 60% of the land requiring drainage (in this case, if one person owned five of the properties) could sign the petition and make it valid.

If the Engineer's report is accepted and the drain is constructed all seven properties pay their assessed share of the costs. However, if the Engineer's report is not accepted and the drain is not constructed the people who signed the petition equally share the engineering and related municipal administration costs.

General Municipal Drain Information

You should:

If you know there is a municipal drain on your property, find out how the municipal drain affects your property. How much is your property assessed?
If you notice any problems with the municipal drain, immediately notify the Drainage Superintendent
Before purchasing a property, investigate how municipal drains may affect it.

You should not:

Obstruct access. Along every municipal drain is an unregistered work space that the municipality has the right to use to maintain or repair the drain. Please keep this work space accessible.
Store materials (i.e., brush or other floatable material) near the drain. During storm events and spring runoff this material may block the drain.
Perform the work yourself. Notify the Clerk to arrange for maintenance on a municipal drain.
Direct septic system waste, milkhouse waste, barnyards and manure storage runoff or other pollutants directly to these drains.

Private Drains

A private drainage system is built by a property owner to manage water on their own land. It can be a ditch, buried pipe or grassed channel.

Water from private drains cannot flow into roadside ditches without municipal approval. All drains must lead to a sufficient outlet like a natural watercourse, a municipal drain or an outlet on the owner's land.

Before starting any drainage work, property owners must contact the local Conservation Authority and possibly the Ministry of Natural Resources and Forestry to check if permits are needed. Work near Provincially Significant Wetlands (within 120 metres) requires special approval and may need a wetland impact study. No drainage work is allowed inside the wetland.

Mutual Agreement Drains

The Drainage Act allows for two or more owners to enter into a written agreement for the construction, improvement, financing and maintenance of drainage works. The signed agreements may be registered with the municipality and/or the local land registry office. The agreement is binding on subsequent owners of the land that is the subject of the agreement. There are a number of advantages and disadvantages to using a mutual agreement drain process. As with other drains, approval from environmental agencies may be required.

Award Drains

Under the Ditches and Watercourses Act (repealed in 1963 after almost a hundred years) the work of constructing ditches across multiple properties was “awarded” to persons along the ditch. These Award ditches are still in effect today although obtaining copies of the agreements may be difficult. The award agreement outlines who is responsible for the maintenance of each section of the drain. As with private drains, property owners wishing to repair or maintain an award drain need to contact environmental agencies (Ontario Ministry of Natural Resources and Forestry, local Conservation Authority) to determine if any authorizations are required.

Frequently Asked Questions about Municipal Drains

What is a Municipal Drain?

A municipal drain is constructed to improve the drainage of 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 artificial drainage systems in place, many of the Municipality’s rural areas would be flooded on a regular basis causing decreased farm production on the land and increase public health risks.

How Does a Municipal Drain Benefit My Property?

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 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.

Who is Responsible for Maintaining the Drain?

The Municipality is responsible for maintaining the municipal drain on behalf of the community of property owners. The Municipality will periodically arrange to enter onto your property and undertake any necessary work.

As a property owner, it is your responsibility to 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, barnyard and manure storage run-off or other pollutants or residential waste directly to these drains.

Who Pays for the Cost of Construction and Maintenance of the Drain?

All lands, roads, and utilities that are within the watershed of a municipal drain are responsible for the costs of the maintenance of that drain. The cost to each property owner will differ based on the assessment schedule as set out in the Engineers report for each Municipal Drain.

I Did Not Own the Property When the Maintenance Was Completed. Why Am I Being Invoiced for the Work?

The costs of maintenance are assessed to the property, not the property owner. The property continues to benefit from the maintenance of the municipal drain regardless of who the owners of the property are. The invoice is directed to the owners of the property at the time of billing out the final costs.

What Do I do If I Don't Want to be Part of the Municipal Drain Anymore?

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 the Drainage Superintendent.

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 number followed by the roll number, lot number, and concession number.