December 2009
Country Counsel by: Robert Moore
MUCH of Ohio has a complex drainage system that starts with field tile, waterways and ditches. For producers relying on drainage systems, an understanding of Ohio’s drainage laws is key to protect their interests and avoid problems.
Ohio drainage laws are based on the reasonable use theory. A landowner has the right to modify his land to improve drainage provided that his actions do not cause unreasonable harm to other landowners. For example, installing a grass waterway to collect surface water may concentrate the water as it flows into the neighboring property, but probably not enough to cause unreasonable harm to the neighboring property. Conversely, installing an open ditch that empties onto the neighboring property is more likely to be unreasonable. The concentration and occasional heavy flow of water from the ditch is much more likely to cause erosion and other damage to the neighboring property. There is no formula or precise definition of what is reasonable; it is a subjective opinion based of each unique situation…Download full article here.
