Living Near a Watercourse: Landowner Rights and Responsibilities

What is a Watercourse? 

There are multiple watercourses running through Dún Laoghaire-Rathdown County varying from rural mountain catchments to heavily urbanised areas as they approach the sea.  Generally, a watercourse is a natural or artificial channel through which water flows, including rivers, streams, ditches, mill races and culverts. Watercourses are important environmental assets that help support natural habitats and biodiversity but need to be managed and maintained in order to alleviate potential flood risk

Landowners therefore have an important role in ensuring that watercourses are kept free flowing to help minimize flood risk during severe weather events.

Who is Responsible for Managing and Maintaining a Watercourse? 

Landowners whose property borders or through which a watercourse flows are known as riparian owners and are responsible for the management and maintenance of the section of watercourse that borders or crosses their land.

Where the land on the opposite side of the watercourse is in separate ownership, the adjoining landowners are considered joint riparian owners, with ownership extending to the centre of the watercourse, as detailed in Figure 1 below taken from Floodinfo.ie.   

                                                               Figure 1 Joint Riparian Ownership

Where a watercourse borders or crosses through public land, such as public open space or Dún Laoghaire-Rathdown County Council owned lands then the Council is responsible for maintaining that section of the watercourse.  In some instances, Dún Laoghaire-Rathdown County Councilmay be the joint riparian owner with a private landowner, depending on the route of the watercourse.     

Many landowners are unaware that they are considered riparian owners and may mistakenly assume that responsibility for a watercourse bordering or crossing their land rests with their Local Authority. In some cases, the Local Authority may have even undertaken historical maintenance works on a one-off basis, which can further contribute to uncertainty regarding ownership and maintenance responsibilities. 

For clarity, Dún Laoghaire-Rathdown County Council have no role in the management and maintenance of watercourses that border or cross private lands.

As weather events become more severe and unpredictable, it is vital that riparian owners understand their rights and responsibilities and undertake appropriate maintenance as needed. 

Note: On a National level if a watercourse is part of an Arterial Drainage Scheme or Drainage District it may be maintained by the Office of Public Works (OPW) or other statutory bodies, however there are no Arterial Drainage Schemes or Drainage Districts located in Dún Laoghaire-Rathdown County.

Landowner Rights 

As a riparian owner you have the following rights:

• To protect your property from flooding and bank erosion, subject to any necessary permissions and consultation. 
• To receive water onto your land in its natural quantity and quality. 
• Potential rights to fishing, subject to ownership, fisheries legislation and licensing requirements. 

Landowner Responsibilities 

As a riparian owner you have the following responsibilities:

• Passing on water flow without obstruction, pollution or diversion affecting the rights of others.
• Managing the channel for the purposes of flood risk and having due regard for the needs of wildlife and giving space for nature.
• Maintaining the bed and banks of the watercourse (including trees and shrubs growing on the banks), taking appropriate steps to prevent erosion of the banks.
• Clearing any debris, including litter whether or not it originated from your land.
• Protecting waters against pollution from agricultural sources.
• Maintaining free passage for fish.
• Keeping clear any structures that you own such as culverts and weirs.
• Not building new structures that encroach on the watercourse or alter the flow of water.

Flood Risk Management Good Practice 

Active maintenance of a watercourse throughout the year can help reduce flood risk during severe weather events.   

Dún Laoghaire-Rathdown County Council maintains hundreds of kilometres of natural watercourses, culverts and surface water sewers as well as watercourse debris screens, wetlands and attenuation systems all-year round to help reduce the flood risk to the residents of Dún Laoghaire-Rathdown County.   

To reduce the risk of flooding to their own properties and those of their neighbours, riparian owners should: 

• Keep their section of a watercourse channel clear and free flowing. 
• Regularly inspect their section of a watercourse after heavy rainfall to determine if debris, litter or vegetation etc. needs to be removed. 
• Avoid depositing garden waste or other materials into watercourses. 
• If necessary, appoint a professional contractor with sufficient experience and relevant qualifications to undertake bank maintenance or to remove debris/litter as necessary.
• Pay particular attention to the condition of the watercourse when Met Eireann issues a weather warning for the Eastern Region of the country. 

OPW Living Near Watercourses Guidance Document and FloodInfo.ie

As Ireland’s lead State agency for flood risk management the OPW has produced a document outlining the rights and responsibilities of riparian owners and has a dedicated section of their website containing further information.  A copy of that document is included below as well as a link to the relevant section of their website FloodInfo.ie.