Municipal Drains

Surface water drainage can be natural or man-made. Under English Common Law, there is no automatic right to drain surface water unless it flows in a defined channel. Landowners may choose to allow or block surface water from neighbouring properties.

Learn more: OMAFRA Factsheet – Top 10 Common Law Drainage Problems Between Rural Neighbours

Once surface water flows in a defined channel, it is considered a natural watercourse. Landowners whose property abuts a watercourse have riparian rights.

• Owners with riparian rights must receive water in its natural state. 

• Changes to a natural watercourse may require environmental approvals.

Private drains are built by a property owner to solve their drainage issues (e.g., ditches, buried pipes, or grassed waterways).

• Roadside ditches: Cannot be used for private drainage without municipal approval.

• All drains must lead to a sufficient outlet (on the property, into a natural watercourse, or into a municipal drain).

• Work within 120 metres of a Provincially Significant Wetland requires Conservation Authority approval and may need a wetland impact study.

Award Drains were created under the former Ditches and Watercourses Act (repealed in 1963) to allow ditching across multiple properties.

• They still exist today but agreements can be hard to locate.

• Repairs or maintenance may require environmental approvals.

The Drainage Act  allows two or more property owners to enter into a written agreement for drainage construction, improvement, and maintenance.

• Agreements can be registered with the municipality or land registry office.

• The agreement binds future owners.

1. Landowners petition the municipality.
2. An engineer’s report proposes a solution and cost-sharing.
3. Public meetings and appeals are held.
4. Council adopts the report by by-law, and construction begins.

• Shared among landowners in the watershed, based on benefit and outlet.
• Ongoing maintenance is a municipal responsibility, with costs again assessed to benefiting lands.

Kempville Creek Watershed

• Fox Municipal Drain
• Streight Municipal Drain

South Nation River Watershed

• South Nation Municipal Drain (Main Drain, Brayton Branch, Bond Branch)
• Augusta Channel Improvement Municipal Drain
• Mud Creek Municipal Drain (Main Drain, Branches A–C)
• Salmon-Coville Municipal Drain
• Tanney Municipal Drain
• K. Matthie Municipal Drain
• Martin Municipal Drain (Main Drain, Branch #1)
• Sire Brown Municipal Drain (Main Drain, Moledecki Branch, Conklin Branch)
• Young-Ruigrok Municipal Drain (Main Drain, Ruigrok Branch)

• Learn how a municipal drain affects your property.
• Report drainage problems to the municipality.
• Investigate drainage impacts before buying property.

• Obstruct municipal drain access.
• Store debris near drains.
• Alter or work on municipal drains without municipal approval.
• Discharge pollutants (e.g., septic waste, barn runoff) into drains.

• 10-year term, repaid via property taxes.
• Interest: currently 6% (subject to change).
• Up to 75% of drainage costs, max. $50,000.
• Can be repaid early without penalty.

Tile Drainage Loan Application Form

• Drainage Legislation and Common Law in Ontario
• Augusta Municipal Drains and Watershed Boundaries
• Municipal Drain Assessment Policy – By-Law 3665-2023