ENVIRONMENTAL CODE OF PRACTICE
Flood Risk Management
Overview
In England and Wales the Environment Agency has an overall
supervisory duty for all matters relating to flood defence. The
Environment Agency focuses on strategic planning and improvements
for new defences, operation of flood defence structures, provision
of a flood warning service and advice to local authorities and
developers on eliminating flood risk. In Scotland, SEPA only issue
Flood Warnings. Scottish Local Authorities look after flood
defences with money apportioned by The Scottish Executive.
Owning land or property along a watercourse
If you own land or property adjacent to a river or other
watercourse, you need to know your rights and responsibilities as a
riverside owner, known in legal terms as a riparian owner.
Your Rights:
- You are presumed to own the land up to the centre of the
watercourse, unless it is known to be owned by others
- You have the right to receive flow of water in its natural
state, without undue interference in quantity or quality
- You have the right to protect your property from flooding, and
your land from erosion. However, in most cases you will need the
prior consent of the Agency for any works
- Without a licence, you can abstract a maximum of 20 cubic
metres of water per day for the domestic purposes of your own
household or for agricultural use, excluding spray irrigation, from
a watercourse at a point that directly adjoins your land. Most
other types of abstraction will require a licence from the Agency.
A separate guide for potential abstractors is available
These rights are modified by your duty to other riparian
landowners, the rest of the community and to the environment.
Before starting any work on or adjacent to a watercourse, you
must submit plans of the proposal to the Environment Agency (or
SEPA) and the local authority to determine whether you require an
Agency consent and/or planning permission.
If the work affects sites of known conservation or
archaeological value, you may need further permissions from the
relevant authorities. Environmental issues, including flood risk,
wildlife conservation, fisheries, and reshaping of the river and
landscape, must all be considered.
Your responsibilities
- You have the responsibility to pass on flow without
obstruction, pollution or diversion affecting the rights of
others
- You have the responsibility to accept flood flows through your
land, even if caused by inadequate capacity downstream
- You are responsible for maintaining the bed and banks of the
watercourse (including trees and shrubs growing on the banks), and
for clearing any debris, natural or otherwise, including litter and
animal carcasses, even if it did not originate from your land. Your
local authority can give you advice on the removal of animal
carcasses
- You must not cause any obstructions to the free passage of
fish
- You are responsible for keeping the bed and banks clear of any
matter that could cause an obstruction, either on your land or by
being washed away by high flow to obstruct a structure downstream.
Rivers and their banks should not be used for the disposal of any
form of waste
- You are responsible for keeping clear any structures that you
own such as culverts, trash screens, weirs and mill gates
- You may have flood defences such as walls and embankments on
your property, which are vital for the protection of both yourself
and others. You should discuss the maintenance of such defences
with your local Agency office
- You are responsible for protecting your property from seepage
through natural or man-made banks. Where such seepage threatens the
structural integrity of a flood defence, it may become the concern
of the Agency
Failure to carry out your responsibilities could result in
possible civil action from others.
Mills and weirs
- If you own a river control structure, that is a structure that
affects river levels and flow such as a mill or weir, you have
particular responsibilities.
- By law you must maintain and operate the structure properly,
and fulfil any obligations you have under land drainage byelaws.
Anyone who suffers as a result of your actions or neglect may sue
you in the civil courts
- You should keep gates and screens clear of obstructions, to
allow their proper operation.
- In practice, the Environment Agency normally works in
co¬operation with owners of river control structures, and their
engineers will be willing to advise on maintenance and
operation.
- If you are buying a property that includes a river control
structure, it is worth contacting the appropriate Agency office to
introduce yourself and find out how you can work with them and what
problems may arise
- If you wish to construct a weir, sluice gate or other control
structure, or carry out modifications to any existing structure,
you should first contact the Agency to obtain consent, and possibly
an impounding licence
Flood risk
Land and property adjacent to rivers may be at risk from
flooding. The Agency will be able to tell you what that risk is,
make you aware of how flood warnings will be issued, and what to do
when a flood occurs. Leaflets containing local flood warning
information are available from your local Agency office. Maps
showing the general indicative extent of flooding are available
from your local agency office, or on the Agency website (see
“What’s in your backyard” section). You can also telephone the
Agency’s FLOODLINE service on 0845 988 1188 for information about
flood risk in your area.
- Visit the Environment Agency's site for
national Flood
warnings updates.