If you own land or property next a watercourse you are classed as a ‘riparian landowner’ and have rights and responsibilities for managing flood risk.
You may need permission for some activities from a designated risk management authority such as a local authority (unitary, county or district council), an Internal Drainage Board or the Environment Agency.
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. If you own land above or with a watercourse running through it youhave responsibilities for managing flood risk. 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 rights and responsibilities.
The Environment Agency has permissive powers (but not a duty) to carry out flood and coastal risk management work and to regulate the actions of other flood risk management authorities on main rivers and along the coast. Local councils have powers to carry out work on other watercourses and coastal erosion protection assets, except for watercourses within Internal Drainage Board (IDB) districts and public sewers (which are the responsibility of IDBs and water companies respectively).
Flooding questions answered
Members affected by flooding often ask for a definitive Defra/Environment Agency position on their approach to flood risk management for farm businesses. So we put to the Agency’s Yorkshire Area Team the top four questions members ask and this is their detailed response.
Q: What is the position on flood funding for the sole benefit of farmland?
A: “Under UK legislation there is no legal requirement for any organisation to build or maintain flood defences. We and some other organisations are instead given permissive powers to do this but the exercise of these powers is constrained by the need to take into account the costs and benefits that will result. Funding for flood risk management schemes is dependent on meeting criteria set out by HM Treasury and Defra guidance.
“There is no position on the provision of funding for flood risk activities for the sole benefit of farmland. All schemes are assessed on HM Treasury and Defra guidance. However it is unlikely under Flood and Coastal Resilience Partnership Funding (FCRMGiA) that a scheme designed solely to reduce risk to farmland (or any business activity outside of a high-density residential or commercial area) would be able to be fully funded by Government. Where there is a shortfall in funding, schemes may still be possible if sufficient partnership funding can be found.
“Under FCRMGiA rules, schemes designed to reduce risk attract funding based on the benefit they provide for the investment. This is assessed based on a number of outcome measures. The reduction of risk to businesses and infrastructure falls under outcome measure 1. Under this measure schemes are eligible to receive 5.56p for every £1 of benefit that they provide. An assessment of the benefits to farming and food production should take into account an economic appraisal of damages avoided to agricultural land, productivity, infrastructure and assets that play a role in growing food and making it available to consumers. The reduction of risk to households falls under Outcome Measure 2. Schemes are eligible to receive between 20p and 45p (depending on their classification under the indices of multiple deprivation) for every £1 of benefit that they provide.”
Q: What is the position on the use (flooding) of farmland to benefit people, property or infrastructure? What consultation or compensation is provided to landowners?
A: “When identifying and assessing options to reduce flood risk we will look at a wide range of interventions. One option that may be considered is flood storage to slow the flow, reduce river levels and reduce the impact on people and property. Any option considered requires an assessment including an economic, technical and environmental appraisal alongside input from the local community and landowners.
“Under the Water Resources Act the Environment Agency has powers to reduce or increase the level of water in a place through the undertaking of a flood management scheme. These powers would allow us, following agreement with landowners, to use land for flood storage. In exercising any of these powers we are obliged to compensate for any loss or damage caused. Most arrangements involve an upfront payment to the landowner.
“Whilst we have powers that we are able to exercise in relation to flood storage, most schemes are delivered through collaborative working with the community and landowners to identify a solution that best meets local needs.
“We will also work with partners, such as Natural England to consider other funding mechanisms such as Countryside Stewardship to encourage farmers and landowners to manage land to reduce flood risk.”
Q: Will you publish details on how existing systems/assets are utilised to reduce flood risk to people, property or infrastructure (e.g. lower Ouse and upper Humber Estuary)?
A: “Information on existing flood risk management systems and assets is available on data.gov.uk or can be requested from ourselves or other Risk Management Authorities. This includes information on the standard of protection and benefit offered by existing defences. Requests for information should be submitted to our customer services team. Through the Government’s Open Data programme, Defra has released 8,000 datasets, which includes flood risk information.
“The ongoing review of the Humber Strategy will include a large amount of modelling and technical information which will assess risk over a larger area, and identify strategic solutions for the future management of risk. The modelling of risk around the Humber is complex, and it will be some time before all this information is available. We will continue to keep our partners and stakeholders updated as this work progresses, and will work with those delivering schemes to account for this new information.”
Q: Will you publish details on the funding mechanism used for the creation of compensatory habitat and or meeting Habitat Regulations?
A: In delivering flood risk management works we must comply with legislation including the Habitats and Species Regulations 2010. On the Humber Estuary the construction of flood defences results in ‘coastal squeeze’- essentially the loss of inter-tidal habitat as sea levels rise. To comply with the regulations managed realignment schemes are delivered to provide compensatory habitat for that lost as a result of flood defence works. These managed realignment schemes have traditionally been funded through the FCRMGiA budget as part of the flood risk management scheme that is causing the habitat loss. Under the new partnership funding approach to flood defence works the Government will continue to contribute substantially towards the costs but local contributions may be needed to reflect the fact that the schemes will allow flood defence works elsewhere in the estuary to be carried out and so deliver real local flood defence benefits.”
More...
- NFU Flooding Manifesto
- Efra Select Committee report
- Who’s my local Internal Drainage Board?
- Who’s my Lead Local Flood Authority?
- Is the watercourse main river?
- How do I assess the risks of surface water flooding to my business?
- What flood risk management schemes are underway of planned for my area?
- What types of maintenance activities are the Environment Agency planning for that area?
- How do I sign by business up for flood warnings?
- How do I stay up to date with local river levels? ( Updated every 48 hours)
- How do I stay up to date with local river levels? (Updated every 15 minutes)
- How to find live flood warning maps?
The Environment Agency has produced a useful guide to the rights and responsibilities associated with watercourse ownership: ‘Living on the Edge’
The rules apply to any landowner, business or domestic resident, and include the following requirements:
- As a riparian owner you must allow the flow of water to pass without obstruction and 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 and ensure your work does not damage wildlife
- As a riparian owner your responsibilities also include managing your own flood risk by:
- 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
- considering how your work will change the flow and water level of the watercourse so as not to adversely affect flood risk for others.
NFU Position
The NFU believes that the impact of the flooding and coastal surges experienced in the last decade illustrate that current allocation of funding, legislative restrictions and active management/maintenance of our watercourses and sea defences is inadequate.
We are urging government to review its flood and coastal risk management policy with these key themes in mind:
- Recognising the true value of agriculture and our rural communities
- Increasing funding targeted at maintenance and delivery
- Exploring easier ways to allow maintenance of watercourses and flood defences
- Seekinga reductionin the impactonrural areas.
For full details see the NFU Flooding Manifesto.
We're also calling on Defra to act on the recommendations of the Efra Select Committee’s report into this winter’s flooding, which severely affected farmland across England and Wales. Future government policy must ensure that farmland is prioritised in flood risk management. The Efra Committeeis callingon Defra to revisit its flood funding policy to recognise the economic and social value of farming and agricultural land and ensure there is sufficient investment in maintenance work.
Defra and the Environment Agency need to use the local knowledge and expertise of farmers and Internal Drainage Boards. The NFU has challenged the Agency to reduce regulation, to make it easier for farmers to de-silt main rivers astrialled in Defra’s River Maintenance Pilot scheme.
Environment Agency publishes river maintenance schedules
You can now enter your postcode to find out what type of maintenance activities the Environment Agency (EA) may do near you and when they plan to do it. The programs show the maintenance work that the EA do every year (frequent maintenance) and every few years (intermittent maintenance). Examples of activities in the programs are:
maintaining flood barriers and pumping stations
clearing grills and removing obstructions from rivers
controlling aquatic weed in rivers
managing grass, trees and bushes on flood embankments or
inspecting and repairing flood defence structures
The EA’s information can be found at https://www.gov.uk/government/publications/river-and-coastal-maintenance-programme.