Updated: River maintenance pilots update.
Your responsibilities as a riverside property owner
A watercourse is any natural or artificial channel above or below ground through which water flows, such as a river, brook, beck, ditch, mill stream or culvert (excluding public sewers).
If you own land above or with a watercourse running through it you are a ‘riparian owner’ and have responsibilities.
You will also have ‘riparian owner’ responsibilities if your land boundary is next to a watercourse. It is assumed you own the stretch of watercourse that runs through your land (unless your deeds show otherwise).
If you rent the land, you should agree with the owner who will manage these responsibilities.
As a riparian owner you must:
control invasive alien species such as Japanese knotweed
allow the flow of water to pass without obstruction
accept flood flows through your land, even if these are caused by an inadequate capacity downstream
keep any structures, such as culverts, trash screens, weirs, and mill gates, clear of debris
notify the Environment Agency (EA) and lead local flood authority or internal drainage board if you would like to build a structure that obstructs fish passage
ensure your work does not damage wildlife
As a riparian owner your responsibilities also include:
managing your own flood risk
maintaining river beds and banks, including trees and shrubs growing on the banks
clearing litter and animal carcasses from the river and banks, even if they did not come from your land
keeping banks clear of obstructions that could increase flood risk either on your land or downstream if it is washed away
not stopping fish from passing, either by permanent or temporary obstructions
leaving a development-free edge on the banks to allow access for maintenance and inspection
helping to protect the water quality; for example do not use riverbanks to dispose of garden waste, such as grass cuttings where they could be washed into the river and pollute the water
protecting your property from water that seeps through natural or artificial banks; where this damages a flood defence your risk management authority may require you to pay for repairs
considering how your work will change the flow and water level of the watercourse so as not to adversely affect flood risk for others
trying to improve habitat wherever possible
In some areas development on the riverbank is not permitted or may require consent from EA or lead local flood authority or internal drainage board.
You could face legal action if you do not meet your responsibilities.
A guide to your rights and responsibilities as a riparian owner.
Get permission for works on or near a watercourse
You may need permission for some activities from a third party, such as your local council (unitary or county council), internal drainage board or EA. These organisations are known as risk management authorities. You should get this permission before you start any work.
To find out who you need permission from you will need to know whether the watercourse is either a ‘main river’ or an ‘ordinary watercourse’.
‘Main river’ or ‘ordinary watercourse’: how to find out
You can use EA Flood Map for Planning to find out if the watercourse on your land is a ‘main river’ or an ‘ordinary watercourse’. Main rivers are highlighted on the map with a dark blue line.
You can also find out by contacting EA.
Risk management authorities
Risk management authorities have legal powers and responsibilities in respect of flood and coastal erosion risk management. EA uses its strategic overview role to encourage owners to maintain their assets well (including river maintenance).
EA is responsible for ‘main rivers’.
Internal drainage boards and lead local flood authorities are responsible for ‘ordinary watercourses’.
You should contact the relevant risk management authority to get permission for works on or near a watercourse, such as maintenance.
River maintenance
Watercourse maintenance can reduce the effect of flooding and improve land drainage. Maintenance must be carried out carefully to protect wildlife and fisheries and comply with the law. Your risk management authority can serve you a notice if you have not maintained a watercourse on your land.
As a riparian owner you can carry out some maintenance work on ‘main rivers’ without getting permission.
Maintenance on ‘main rivers’
You don’t need permission from EA to:
remove in-stream debris and rubbish
undertake minor tree works - you can cut back trees and other vegetation, and remove fallen trees
trim grass/vegetation on the banks and in the channel
You may require permission to:
remove silt and gravel from in channel
re-profile the watercourse banks
make the watercourse deeper or wider
spread material on top of the bank or nearby
carry out maintenance works to structures in, over or under a main river or a flood defence
Before you start work on or near a ‘main river’ you should submit your plans to EA and apply for a Flood Defence Consent.
Other works that may require permission:
build a culvert, outfall, weir, dam, pipe crossing or bridge
put in bank protection to prevent or repair erosion
divert or impound the flow of water
Alongside your responsibilities as a riparian owner, EA may undertake maintenance work on or near ‘main rivers’ and to river and sea defences.
EA guide flood and sea defences: when maintenance stops sets out how we will engage with communities and partners if we are proposing to amend our approach to maintaining flood and coastal risk management assets. These are structures or features that reduce the likelihood or impact of flooding from rivers and the sea, to people, property or infrastructure.
Flood defences and structures: a guide for farmers and landowners.
There may be other activities relating to the main rivers and flood plains in your area that are prohibited by local byelaws. Contact your local EA office to find out more.
In October 2013 EA set up 7 river maintenance pilots across England. The pilots made it easier for people to find out about planned maintenance by EA and for riparian owners to desilt rivers themselves where they chose to do so. The river maintenance pilots findings report was published in January 2016.
Maintenance on ‘ordinary watercourses’
You will need to contact either your Internal drainage board or your lead local flood authority (your local council) if you want to carry out some maintenance work to an ‘ordinary watercourse’.
Other permissions
When carrying out maintenance or works on ‘main rivers’ and ‘ordinary watercourses’ other permissions may be required from EA, your risk management authority or other authorities, such as Natural England.
For example:
accommodations licence for new and existing structures on the non-tidal River Thames
waste exemptions
impoundment or abstraction licences
species licences
environmental impact assessment
An environmental impact assessment may be required under the Agricultural EIA Regulations or the Town and Country Planning EIA Regulations. Contact EA to find out which is required for the maintenance or work that you are doing.
Your local council can tell you if any other permission is required and can advise on the removal of animal carcasses and invasive species.
Contact Natural England to find out if you need permission to do work on any river which is on or near to a designated nature conservation site or within a European or nationally protected site such as a:
Special Area of Conservation
Special Protection Area
Site of Special Scientific Interest
If the watercourse on your land is affected by the tide you may also require a marine licence from the Marine Management Organisation.
Drainage charges for occupiers of land in the ‘Anglian’ region
The General Drainage Charge only applies to EA Anglian region. EA Anglian Region covers from the Thames Estuary in the south to Humber Estuary in the north, and from the East Anglian Coast to Daventry in the west. The main urban areas are Norwich, Peterborough, Ipswich, Chelmsford, Cambridge, Northampton and Lincoln.
The charge applies to occupiers of:
agricultural land and buildings which fall outside the boundary of an internal drainage board
agricultural land and areas occupied by agricultural buildings
areas participating in a Department of Environment, Food and Rural Affairs (Defra) scheme, such as ‘set aside’ land
commercial woodlands
woodlands planted under a Defra or Forestry Commission scheme
Annual general drainage charge invoices
EA will send you an annual invoice around 1 April each year for the period 1 April to 31 March.
The occupier of the land on 1 April must pay the full annual charge.
If you have a mixture of both chargeable and non-chargeable land you will only pay the levy for the chargeable land.
Charges 2015/16
Regional Flood and Coastal Committee
Charge (pence per hectare)
Anglian central
203.95
Anglian eastern
337.90
Anglian northern
300.59
The money raised from the charge/levy contributes towards the cost of maintaining and improving main rivers, sea defences and tidal embankments that protect low lying areas.
Work carried out can include dredging to remove silt, weed clearance and maintaining structures such as barriers, sluice gates and pumping stations.
If you have any questions about your charges or your invoice contact EA.
Contact the Environment Agency
General enquiries
National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY
Email
enquiries@environment-agency.gov.uk
Telephone
03708 506 506
Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT)
+44 (0)1709 389 201
Minicom (for the hard of hearing)
03702 422 549
Monday to Friday, 8am to 6pm