Legal Claims in Pennsylvania Related to Stormwater on Your Property

In Pennsylvania, there is a surface water law that is found in legal case law. That is, a municipality or other owner is liable for damage to an adjoining owner if that first owner or municipality artificially diverts or channels surface water (including stormwater) to that adjoining property.

Even if there is no additional volume of water, if stormwater is diverted and results in increased intensity or concentrated flow, there is liability if damage occurs.

A municipality has the right to manage stormwater and to protect public health and safety. However, you must balance that with the rights of the adjoining property owners.

If a storm drain system or runoff pipes are negligently constructed so that they do not adequately control runoff, there is liability for the damage caused.

This can be found in the Pennsylvania Stormwater Management Law (32 PS Section 680.13 et seq). The Act requires that a plan exist to manage water runoff resulting from construction that involves drainage or disturbance of stormwater runoff.

If the soil disturbance from a construction project is large enough, or if the soil disturbance is close enough to a protected waterway, then a permit and/or soil erosion control plan must be filed with the Pennsylvania Department of Environmental Protection.

Therefore, there are two main things to keep in mind that can give rise to a legal claim in Pennsylvania regarding stormwater. First. If you are doing construction that involves a large amount of soil disturbance or is near a protected stream or waterway, you should determine if you need a permit and soil erosion control plan. Second, if you own a home or land where you believe storm water or surface water is being diverted onto your property at an increased flow or intensity, then you may file a claim if you have consequential damages.

In the second case, if you believe that your property is being damaged or that someone has been injured, then you should investigate the source of the problem. If there is recent construction of a sewer or drainage system, you should check with both your local government and the Pennsylvania Department of Environmental Protection. Find out what the project consisted of and if a permit and/or a soil and erosion control plan was needed. Even if a permit or plan was not required, it may still be a violation of the Stormwater Management Act or Pennsylvania case law if the surface water diversion was negligently constructed or otherwise artificially channels water to a greater flow or velocity onto your property. .

In such legal claims, there may be legal causes of action for: negligence, trespass, nuisance, or violations of the PA Stormwater Management Act or the PA Clean Streams Act. The Clean Streams Act (35PS Section 691.1). The Clean Streams Act allows legal claims by private citizens for polluting runoff in a waterway. It is most often applied to the Pennsylvania Department of Environmental Protection or other government actions against polluters.

Generally, a legal claim involving an argument that there was a negligently constructed drainage or stormwater system or artificially channeled water runoff requires the use of an engineer. That engineer would have to inspect and possibly do a study to compile the engineering findings to support the claims.