Fact Finders: Are drainage channels public or private property? - KY3
Fact Finders: Are drainage channels public or private property?
The system is designed to protect homes from flooding and reduce pollution in our streams.
SPRINGFIELD, Mo. (KY3) - Greene County alone will spend more than $500,000 this year on stormwater management. The system is designed to protect homes from flooding and reduce pollution in our streams. Drainage canals are part of that system. So, Mark wants to know..., Are the drainage canals that run through neighborhoods a public right of way?
You see drainage canals all over the area. They shuttle water away from homes in neighborhoods and eventually into creeks, streams, or lakes. The most common complaints about these concrete channels come from homeowners watching people use the canals as a shortcut. But most of the open channels in the county are in what’s called a drainage easement.
“And so, just like a utility easement, it doesn’t allow people to walk along it unless you’re the utility company doing work on the utilities. A drainage easement is just for water,” explained Greene County Director of Resource Management Kevin Barnes. “It’s not for the public.”
Since most canals run through private property, people often want to put a fence up ( You can check the Greene County Assessor’s Office here for property ownership and established right-of-way areas; property ownership and if it’s an established right-of-way).
Springfield’s Principal Stormwater Engineer, Chris Dunnaway, tells us that the property owner is not allowed to place any object in the drainage easement that was created for the free flow of stormwater. This prevents the property owner from placing a fence, retaining wall, bench, shed, or any structure that blocks the flow of water.
What you can do is put up no trespassing signs and even use purple paint at the entrance to the drainage canal.
“That does trigger you’ve been notified not to trespass,” says Barnes. “And now you’re willingly trespassing, which is different than just walking along not knowing it’s not, you know, that’s not public property.”
Barnes made it clear he’s not an attorney or law enforcement officer. So, if you have a consistent problem, call the sheriff’s office. But don’t call 9-1-1 for this type of issue.
Returning to our viewer question, Are the drainage canals running through neighborhoods a public right of way?
NO. There’s generally an easement that allows water to flow through the canal. It’s not a trail that’s open to people.
Property owners who wish to report maintenance needs in a drainage way near their property can submit a service request with Springfield by calling 864-1010 or visiting springfieldmo.gov. You can contact Greene County here or call the county’s Resource Management Department at (417) 868-4007.
To report a correction or typo, please email digitalnews@ky3.com
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