Understanding Your Property’s Drainage Easements & Responsibilities
What Is a Drainage Easement?
There are two main types of drainage easements:
Public Drainage Easements – Managed by counties or municipalities, these include roadside ditches, storm drains, and detention basins designed to control runoff.
Private Drainage Easements – Established on individual properties, often requiring homeowners or HOAs to maintain swales, pipes, or other stormwater features to ensure proper water flow.
For homeowners in Horry and Georgetown Counties, understanding drainage easements is crucial for avoiding legal issues, preventing drainage problems, and ensuring compliance with local regulations.
Understanding Easements vs. Rights-of-Way
A drainage easement is a legal designation that allows for the management of stormwater flow across private or public property. It differs from a right-of-way, which grants access for roads, utilities, or other infrastructure. While a right-of-way provides access, a drainage easement is typically limited to ensuring proper water movement and preventing flooding.
What Are Your Responsibilities as a Homeowner?
If your property includes a drainage easement, you have certain obligations to ensure the system functions properly. These may include:
Keeping the area clear – No structures, fences, or landscaping features that block the flow of water.
Regular maintenance – Preventing debris buildup in ditches, pipes, or swales.
Allowing access for inspection & repair – Easements grant access to government agencies for drainage system maintenance.
What You CAN’T Do in a Drainage Easement
Many homeowners unintentionally violate easement restrictions by modifying the land in ways that disrupt drainage. Common prohibited actions include:
Building permanent structures (sheds, garages, pools) within the easement area.
Blocking drainage ditches with fences, walls, or landscaping.
Altering the grading of the land, which can lead to flooding on adjacent properties.
Planting trees or deep-rooted vegetation that could obstruct pipes or ditches.
Dispose of yard waste and grass clippings.
Drainage Easements in Your Certified Drainage Report (CDR)
Your Certified Drainage Report (CDR) includes a full assessment of drainage easements on your property. It details:
The location and extent of easements affecting your land
Who holds the easement rights (county, municipality, or private entity)
Any drainage issues observed that may require attention
If a drainage easement is causing erosion, flooding, or maintenance concerns, this will be documented in your CDR, along with recommendations for addressing the issue while staying within easement restrictions.
Homeowners dealing with drainage easement issues may need to:
Contact the responsible party – If the easement is public, the county or municipality may be responsible for maintenance and repairs.
Work with neighbors – If the easement affects multiple properties, coordinated efforts may help address drainage concerns while remaining within regulations.
Seek professional guidance – If modifications are necessary, a drainage engineer can evaluate potential solutions without violating easement restrictions.
Drainage easements play a vital role in managing stormwater and protecting properties from flooding. Understanding your responsibilities helps prevent costly issues and ensures compliance with local regulations in Horry and Georgetown Counties. Before making changes to your property, always check for easement restrictions to avoid unintended drainage problems or legal disputes.
