Land Drainage and Ordinary Watercourse Consents

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Flooding from a watercourse which is not a main river

The majority of rivers, streams, watercourse and ditches, other than main rivers, are the responsibility of the riparian owner who owns land on either bank. You are a riparian owner if you own property or land which is on, next to a watercourse. Riparian owners have a duty to keep the watercourse clear of any obstruction to flow which will reduce the risk of flooding.

As a riparian owner you have certain rights and responsibilities, these are based on common law and have been defined as a result of legal cases over many years. These rights are not absolute and if you are planning to undertake any work on, or next to a watercourse you must submit your plans to Wiltshire Council or tthe Environment Agency in order to find out whether you require land drainage consent or planning permission.

To apply for consent you will need to complete a form from the Environment Agency and apply by letter to the Council.

• Application for Land Drainage Consent 8.8mb
• Land Drainage Guidance notes 17.5mb

To learn more about riparian ownership see the Environment Agency’s booklet “Living on the Edge”

Ordinary Watercourse Consents - important information

As of 6 April 2012 the Environment Agency (EA) is no longer responsible for issuing Ordinary Watercourse Consents for works to ordinary watercourses (streams and ditches both natural and manmade and culverts etc) or taking enforcement action for any breaches. The EA will continue issuing consents for any work affecting all main rivers. In future all land drainage consents for works within Wiltshire will be issued by Wiltshire Council’s Drainage Team.

Consent for works to ordinary watercourses is issued under “The Land Drainage Act 1991” as amended by the Flood and Water Management Act 2010 and may be required for any works that affect the flow of water in an ordinary watercourse even if only temporarily, this will include any works that may alter or effect the flow upstream or downstream of the proposed works.

Not all works in or around a watercourse require consent as it depends on their impact on flow or potential flows but if in any doubt it is advisable to contact the Council to discuss the matter. There is a risk that enforcement action may be taken against works carried out without consent which could ultimately lead to a fine. If consent is required there will be a charge for processing the application and for subsequent site visits should site inspection be needed.

If you have any queries relating to consents on Ordinary Watercourses please contact the Drainage Team on clarence@wiltshire.gov.uk or 0800 23 23 23.

Last updated: 21 May 2012