Stormwater, runoff and drainage
Understand who manages stormwater, report drainage problems and find out how to manage runoff from your property.
- If anyone is in immediate danger, call 000.
- For emergency flood assistance, call the NSW State Emergency Service on 132 500.
- Never enter or drive through floodwater. If it is flooded, forget it.
NSW SES provides current flood preparation and safety advice.
Understanding stormwater
Stormwater is rainwater that runs from roofs, roads, driveways, gardens and other surfaces.
Albury’s public stormwater network helps collect and transport rainwater away from roads, parks and other public areas.
The network includes:
- kerbs and gutters
- stormwater pits and pipes
- open drains and channels
- drainage reserves
- Council-controlled drainage easements
- detention and water quality infrastructure.
During heavy rainfall, the stormwater network may reach capacity. When this happens, water can flow above ground along natural overland flow paths, including low-lying areas, roads, reserves and, in some cases, private properties.
Council manages public stormwater infrastructure throughout the Albury local government area, except where it is the responsibility of another authority, such as on state roads and within the rail corridor.
Stay safe during heavy rainfall. Floodwater can be deeper and move faster than it appears. If it's flooded, forget it. Avoid unnecessary travel and never drive, ride or walk through floodwater.
Report a Council stormwater problem
You can report stormwater issues on Council-managed land and infrastructure, including:
- blocked or damaged stormwater pits
- blocked Council drains
- damaged drainage infrastructure
- localised flooding on roads or public land
- fallen trees affecting drainage
- water backing up from a Council drain.
Why stormwater matters
Stormwater is rainwater that flows from roofs, roads, driveways, gardens and other surfaces into drains, creeks and rivers.
As it travels, stormwater can carry pollutants such as soil, litter, leaves, animal waste, oil, grease and garden chemicals into local waterways and the Murray River. These pollutants can affect water quality and harm aquatic plants and animals.
By reporting stormwater problems, you can help reduce flooding risks and protect our local environment.
Stormwater management
Our policies and guidelines to manage stormwater and reduce its effects on the environment and residents are:
Stormwater on private property
Property owners are responsible for maintaining the private drainage infrastructure serving their property.
This commonly includes:
- gutters and downpipes
- roofwater drainage
- private stormwater pipes and pits
- pumps and detention systems
- retaining-wall drainage
- private inter-allotment drainage
- drainage structures located within private property.
Property owners should:
- keep gutters, downpipes, pits and private pipes clear and in working order
- connect roofwater and surface drainage to an approved legal point of discharge
- keep drainage easements and overland flow paths clear
- avoid directing or concentrating runoff onto neighbouring land
- manage runoff from driveways, paving and other hard surfaces
- obtain any required approval before altering stormwater drainage
- use appropriately licensed contractors.
Property owners are also required to accept natural overland flow from adjoining properties or public land. However, stormwater must not be redirected, concentrated or discharged in a way that causes an unreasonable impact on neighbouring properties.
If your property contains a drainage easement, it must be maintained and kept free of obstructions to allow stormwater to flow as intended.
Legal points of discharge:
In most cases, roofwater and stormwater should be connected to an approved legal point of discharge, such as:
- a Council kerb and gutter
- an inter-allotment drainage system
- a Council-controlled drainage easement or drainage reserve.
If you are unsure where stormwater from your property should discharge, seek advice from a licensed plumber or suitably qualified professional.
Stormwater drainage work may require approval under section 68 of the Local Government Act 1993.
AlburyCity also requires approval for relevant water, sewerage and stormwater works before work starts.
Stormwater problems between properties
- 1
1. Speak with the other property owner
- 2
2. Record the problem
- 3
3. Report the issue
1. Speak with the other property owner
If it is safe and appropriate, explain what is happening and when the problem occurs. The owner may not be aware of a blockage, failed pipe or change affecting runoff.
2. Record the problem
Gather:
- the affected property address
- dates and times when the problem occurred
- recent rainfall conditions
- where the water appears to originate
- the direction in which it flows
- photographs or video taken while the problem is occurring
- details of any damage
- information from a plumber, engineer or other suitably qualified person
- details of previous discussions with the property owner or Council.
3. Report the issue
Council can assess whether the problem involves:
- Council infrastructure
- unauthorised drainage work
- development that may not comply with its approval
- an obstruction to an approved drainage system
- a significant public health or safety concern.
What Council can and cannot do
In accordance with Council's Compliance and Enforcement Policy, decisions about whether action is taken are made at Council's discretion. Council aims to resolve reports of possible unauthorised activity in a manner that is reasonable, proportionate and consistent with its policies and available evidence.
Where appropriate, Council will generally seek to resolve matters through education, discussion and voluntary compliance before considering formal enforcement action.
Council may be unable to take action, or may determine that action is not warranted, where:
- surface water runoff occurs only during unusually heavy rainfall events
- runoff is natural overland flow resulting from the slope and topography of the land
- water flows across existing driveways, paved areas, concrete slabs or similar hard surfaces
- the location of an existing dwelling, building or structure affects the path of stormwater runoff
- runoff is generated by development that has been approved and constructed in accordance with that approval
- the issue relates to defective, blocked or poorly maintained private drainage infrastructure
- the issue relates to private inter-allotment drainage easements, which are generally the responsibility of the property owners benefiting from or burdened by the easement.
The objective of an investigation is to determine whether there has been a breach of relevant legislation, approvals or Council requirements. Council's involvement may not always result in the outcome sought by the person reporting the issue.
Technical Guidance
When Council may investigate
Council may investigate when a problem appears to involve a blocked, damaged or defective Council stormwater asset.
Council may investigate where runoff appears to result from:
- unauthorised building, earthworks or drainage work
- development that may not comply with its consent
- stormwater being deliberately redirected or concentrated
- an obstruction to an approved overland flow path
- defective work that is subject to Council approval.
For an active building site, concerns should also be raised with the builder and the appointed principal certifier.
Council may give priority to reports involving significant risks to people, public infrastructure or the environment.
Council decides what compliance action is appropriate based on the evidence, relevant legislation, Council policy and the circumstances of each case.
When Council may not be able to act
Water naturally moves downhill according to the contours of the land. Council may not be able to intervene where water is following its existing natural path and has not been redirected or concentrated by development or other work.
Drainage systems have limited capacity. Localised flooding may occur when rainfall exceeds the capacity of public or private drainage infrastructure.
Blocked, undersized or defective private pipes, pits and inter-allotment drainage systems are generally matters for the affected property owners.
Groundwater and seepage from cut or sloping land are generally private-property matters. A suitably qualified drainage professional may be needed to identify the source and recommend a solution.
Disputes involving retaining walls, fences, ground levels, landscaping or structures located on a boundary may be civil matters unless unauthorised development or a breach of an approval is identified.
Common private-property drainage situations
Natural overland flow follows the slope and contours of the land. Landscaping, filling, retaining walls and new hard surfaces can alter this flow.
Property owners should not obstruct an established overland flow path or redirect and concentrate water onto adjoining land.
Retaining walls and excavated areas should have suitable drainage. The property owner is responsible for ensuring that drainage is maintained and connected to an approved discharge point.
Professional engineering or drainage advice may be required.
Seepage can occur naturally, particularly on sloping or excavated land. Property owners may need subsoil drainage or other works designed by a suitably qualified professional.
A drainage easement allows drainage infrastructure or stormwater flows to pass through land.
Do not place buildings, retaining walls, fill, landscaping or other obstructions within an easement without the required approval. Property owners must generally keep the easement accessible and clear of obstructions, while Council may maintain Council-owned infrastructure located within it.
Private inter-allotment pipes and pits usually benefit several properties. Their repair and maintenance are generally the responsibility of the owners who benefit from or are burdened by the easement.
Owners should obtain legal and drainage advice before altering a shared system.
Approvals and technical requirements
Stormwater drainage must be designed and installed in accordance with the applicable approval, the National Construction Code, Council requirements and relevant standards.
Before undertaking work:
- confirm the approved legal point of discharge
- check whether Council or development approval is required
- use a licensed plumber or suitably qualified professional
- arrange any required Council inspections
- do not cover drainage work before the required inspection
- retain plans, approvals and compliance documentation.
The current NSW regulation requires stormwater drainage work covered by an approval to meet applicable standards and Council requirements and provides for inspection and certification.
Only rainwater should enter the stormwater system. Keep soil, paint, chemicals, oils, cement slurry, garden waste, litter and animal waste out of gutters, pits, drains and waterways.
Resolving a neighbour dispute
If Council cannot identify a regulatory matter, the affected owners may need to resolve the issue privately.
Community Justice Centres provide free mediation services for neighbour disputes.
You may also need independent advice from a licensed plumber, drainage engineer, building consultant, surveyor or solicitor.
Property damage and insurance claims
If you believe your property was damaged because of negligence by Council, you may submit a claim for assessment. Providing information does not mean Council accepts liability.
Contact AlburyCity
Report public stormwater infrastructure problems or ask whether Council can assess a private-property drainage concern.
