Drainage Easement Erosion on My Property

[deadeye_jb]

My question involves an easement in the state of: Georgia. The property behind mine has a 20' drainage easement which runs along my property line. Over the years, the county has diverted more and more water to this drainage system and there is now a raging river after a rain where there was once just a small creek. The effect has been severe erosion along the banks of the creek / drainage easement. While the drainage easement or the creek are not on my property, I have a fence along my back property line that is about to "fall in" because of the erosion. In a few years, if left as is, i'm sure the fence would be eroded away as would a great deal of the back of my lot.

Is the county responsible to assist with erosion control since the drainage system has grown outside the bounds of their drainage easement?

[LandSurveyor]

Is the county responsible to assist with erosion control since the drainage system has grown outside the bounds of their drainage easement?

Yes. I'd start with the county engineer. If that office is not in charge of drainage, they should know who is. If you get the run around, move the issue to your elected board of commissioners, and follow up verbal communications with a letter summarizing your take on the conversation.

The fact that there is a flowage easement means that the county cannot disclaim responsibility by claiming that the flowage is "natural".

[deadeye_jb]

Thanks for the reply. I am also not sure what expected outcomes in this situation might be. The best for me would be for the county to rip-rap the sides of the bank to deter further erosion, or put in a 4' pipe to carry the water past my property. Could the county also pursue extending their easement onto my property and not address the design of the drainage system? Are there other outcomes I should be aware of and pursue?

I will contact the county storm water director.

[LandSurveyor]

Could the county also pursue extending their easement onto my property and not address the design of the drainage system?

Theoretically they could do that, but it would be extremely poor public policy. Without your permission for an increase in the easement, they would have to go through a condemnation proceeding in court. I wouldn't expect that.