Municipal Drains

What is a municipal drain?

A municipal drain is a system to move water. It is created pursuant to a bylaw passed by the local municipality. The municipality is responsible for the construction of the drainage system and future maintenance and repair. Costs are recovered from the property owners in the watershed of the drain.

Municipal drains are identified by municipal bylaw that adopts an engineer’s report. These reports contain plans, profiles and specifications defining the location, size and depth of the drain, and how costs are shared among property owners.

Most municipal drains are either ditches or closed systems, such as pipes or tiles buried in the ground. They can also include structures such as dykes or berms, pumping stations, buffer strips, grassed waterways, storm water detention ponds, culverts and bridges. Some creeks and small rivers are now considered to be municipal drains. Municipal drains are primarily located in rural agricultural areas.

What makes municipal drains different from other forms of drainage systems is that they are municipal infrastructure and the municipality is responsible for their management. Municipal drains are authorized through a municipal bylaw passed under the Drainage Act that adopts an engineer’s report. The engineer’s report contains plans, profiles and specifications that indicate the location, form and depth of the municipal drain.

How do I find out if a municipal drain runs through my property?

Most municipalities in rural agricultural Ontario employ drainage superintendents, hired by their municipal council to manage municipal drains.  Contact the Township Office for the contact information for the Municipal Drain Superintendent.

info@admastonbromley.com or 613-432-2885.

If a Municipal Drain runs through your property, this information will also be listed on your final tax bill.  Sample below.

To find out more information about municipal drains on your property, or for which you are being assessed, request copies of the bylaw and engineer’s report from your municipality, please contact the Township office to set up an appointment.  An appointment is required.

The engineer’s report defines how a drain affects your property, including:

• location of the drain;
• watershed of the drain;
• size and shape of the drain;
• working right-of-way;
• your share of drainage project costs.

Before purchasing a property, it is recommended that you investigate how municipal drains may affect it.

What does it mean to have a municipal drain on my property?

Municipalities must maintain their municipal drains. If you have a municipal drain on your property, you can expect your municipality to periodically enter your property to perform necessary work.  While the work is being completed, you can expect the working space along the drain to be accessed by maintenance equipment, and the land to be disrupted to some degree. This working space is a form of easement so you will not normally be paid for any damages on this land. After the work is completed, you will be billed for your share of the cost, this is done through the municipality’s property taxes and will appear as a separate charge on either your Interim Tax Bill or your Final Tax Bill.

What are my responsibilities as a landowner with a municipal drain?

As a landowner, you have a responsibility to pay attention to the drains located on your property. If you notice any problems with the drains located on or near your property, immediately notify the drainage superintendent or the local municipality.  Alongside every municipal drain there is an unregistered working space the municipality has the right to use to maintain or repair the drain. It is recommended that you keep this working space accessible and do not plant trees or build structures in this area. If you obstruct the maintenance equipment, you may have to pay the cost of removing the obstruction. Don’t store materials such as brush, lumber or other material near the drain — as these could float away and block the drain during a storm. Remove debris from any catch basins on your property. Ongoing preventative work can reduce the possibility of property damage during storms.

The local municipality is responsible for maintaining municipal drains on behalf of the community of landowners involved in a drain. If you want to install a culvert or bridge on an open ditch municipal drain — or if a municipal drain requires maintenance — notify the municipality instead of doing the work yourself. If you do unauthorized work on a drain, and the work results in damages to the drain or other landowners, you could be responsible for paying the cost of repairing the damages.  Although all municipal drains are artificial or “man-made”, they eventually flow into lakes, rivers and streams. Do not direct septic system waste, milkhouse wastes, barnyard and manure storage runoff or other pollutants directly to these drains. These practices can be offences under many federal and provincial statutes.

How would I initiate a municipal drain project under the Drainage Act?

You might be considering a municipal drain as a solution to your drainage problem.  First step would be to contact the Municipal Drain Superintendent to come and view your property and drainage issue.

To initiate a municipal drain project, submit a petition for drainage using the prescribed form to the clerk of your municipality. To be a valid petition, the petition must be signed by:

• the majority of property owners in the area that requires drainage, or
• the property owners that represent at least 60% of the land in the area requiring drainage, or
• the engineer, road superintendent or person having authority over a road requiring drainage

The “area requiring drainage” is the area within a watershed with a drainage problem or need for drainage outlet – and is not the full watershed.

The petition is a legal document in a form prescribed by the regulations under the Drainage Act. Use the specific petition form available from your municipal office, and ensure the form is properly signed. Properties owned by a partnership must be signed by all partners. Properties owned by a corporation must be signed by the individual with signing authority on behalf of the corporation.

More information on the process is defined in the Drainage Act and summarized in the Factsheet So What’s a Municipal Drain.

How do engineers calculate assessments for drainage projects on my property?

Engineers consider a variety of factors in determining how the costs of municipal drains should be shared among property owners. Some of these factors include:

• The benefit that the drain provides to the land;
• The amount of land within the watershed of the drainage system;
• The amount of water contributed by the land (land use and soil type);
• The distance the land is from the drain.

For more information, check out the factsheet Understanding drainage assessment.

How does a municipal drain affect my Consent Application for a severance?

When applying for a severance, if your property contains a municipal drain, the Municipality’s Consultant must review the Consent Application to determine if the municipal drain will be affected by the proposed severance.  A deposit of $500 will be required from the Owner/Applicant/Agent to engage the consultant, with final balances to be paid for the report.  This work will be a condition of consent for the severance.