Can You Build a Fence in a Drainage Easement?
The short answer: Maybe. But like most things involving property rights and municipal regulations, it’s not that simple. As a fence contractor who’s dealt with countless easement situations, I’ll break down what you need to know.
Understanding Drainage Easements
A drainage easement is a designated area on your property that allows water to flow naturally or through constructed drainage systems. The local government or utility company typically has the right to access and maintain these areas.
These easements serve crucial purposes:
- Managing stormwater runoff
- Preventing flooding
- Protecting infrastructure
- Maintaining proper drainage for the neighborhood
Legal Considerations First
Before you even think about fence designs, you need to check several things.
Your property deed should show easement locations and restrictions. Get familiar with these documents.
Contact your local building department. Requirements vary dramatically between cities and counties.
Some municipalities flat-out prohibit permanent structures in drainage easements. Others allow them with specific conditions.
The Reality of Building in Easements
From my experience, most areas will allow fencing in drainage easements if you follow certain rules.
For instance, the fence can’t significantly impede water flow. This usually means installing it with enough ground clearance.
You might need to use specific materials—chain link often gets approved more easily than solid privacy fencing.
Gates may also be required at key access points for maintenance crews.
Practical Design Solutions
When we’re allowed to build in easements, we typically recommend:
- Raised bottom rails with 2-4 inches of clearance for water flow.
- Strategic gate placement aligned with maintenance access points.
- Removable fence sections that can be taken down for maintenance access.
The Risk Factor
Something many property owners don’t realize is that any fence built in an easement can be removed by the easement holder if necessary.
They don’t have to replace the fence.
You won’t get compensated in any way for the removal or replacement.
The removal might happen with minimal notice.
Working with Your Municipality
Each city handles easements differently. In our area, we’ve seen requirements ranging from:
- Simple building permits
- Special easement permits
- Engineering reviews
- Written agreements with easement holders
Best Practices from Experience
When we install fences in drainage easements, we like to follow a few guidelines.
Make sure to document everything. Get permits, approvals, and agreements in writing.
Take photos before installation. This helps if disputes arise later.
Mark utility lines before digging. Drainage easements often contain other utilities.
Install sections in ways that make removal and reinstallation easier, just in case.
Alternative Solutions
Sometimes, working around an easement makes more sense than building through it.
Consider splitting the fence line to avoid the easement entirely.
Depending on your needs, you could also use landscaping or removable barriers instead of permanent fencing.
Another option is to install temporary fencing that’s easily moved for maintenance.
Maintenance Considerations
If you do build in an easement, remember that regular inspection of the fence’s impact on drainage is important.
Make sure to keep the area clear of debris that might affect water flow.
Be prepared to remove any type of blockage that could impact drainage.
Real-World Examples
We recently completed a project where the homeowner had a 15-foot drainage easement running through their backyard. The solution? We installed a chain link fence with:
- 3-inch ground clearance
- Gates near access points
- Extra-deep post settings for stability
Cost Implications
Building in an easement often costs more than standard fence installation:
- Special materials might be required
- Additional labor for specific requirements
- Extra permit fees
- Possible engineering reviews
When to Reconsider Fencing
Sometimes, it’s better not to fence an easement.
If your area has frequent flooding issues, any fence might create problems.
When maintenance crews need regular access, removable fencing becomes impractical.
Local regulations could also make the project end up overly expensive or complicated.
Looking Forward
Remember that drainage patterns can change over time. What works now might need adjustment later.
Keep documentation of your approved fence installation. Future property owners might need it.
Stay informed about changes in local regulations regarding easements.
Making Your Decision
Weigh these factors before proceeding:
- Your budget for specialized installation
- Local maintenance frequency
- Water flow patterns on your property
- Long-term property plans
The decision to build a fence in a drainage easement requires careful consideration of legal, practical, and financial factors. While it’s often possible, make sure you understand all implications before starting your project.
