Water pouring into our backyard

sageleeMay 5, 2014

There is a new construction has just started behind our house. They just finished cleaning up the trees and leveled the ground. Last week with the heavy rain, with the elevation of their house compared to ours, tons of water with fresh dirt poured into our backyard and caused our basement flooded and the sump pump is still going off frequently. We have been in this our for 26 years and twice our basement had flooded with heavy rain but never had the water pouring into our yard like a small creek.

My question is that what can we do about this? Unless they change their grading my house will be in deep trouble every time it rains. Can the HOA help me to talk to the builder?

If this is the wrong place to ask this question, please provide some guidance. Many thanks.

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Try Building A Home Forum - much more active and you should be able to get some advice.

    Bookmark   May 5, 2014 at 11:08AM
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Sagelee, is this proposed new construction also a part of the HOA? Just wondering, but in any case, yes I would report it to your HOA, the contractor, the landowner for whom the contractor is working.

Most states have at least a modified version of something known as the Natural Flow Rule....it imposes liability on any landowner that changes his land in a way that changes the natural flow of surface water. Water runoff on an adjoining property cannot be changed to negatively affect yours. The contractor may already be aware and planning steps to correct it, but make certain they know of your concerns now not later. Take pictures, speak up.

    Bookmark   May 5, 2014 at 11:40AM
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toxcrusadr Clay Soil

Most cities and counties will have a Building Permit requirement so there will be an inspector as well. They should be the one enforcing the requirements for keeping water from flooding the neighbors. Normally no sediment (mud) should leave the site. Do they have straw bales or silt fence?

If you don't get any satisfaction from the builders or the property owner, contact the local inspection office for your city or county. The inspector should have the authority to halt work until the problem is fixed.

    Bookmark   May 5, 2014 at 4:19PM
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I would walk right over and tell the GC / HO that if this happens again the EPA will be notified that they have excessive runoff and have modified excessively the natural flow of water.

Inform them the current grade is not acceptable and it should be fixed immediately and document the conversation.

    Bookmark   June 7, 2014 at 9:34AM
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