I'm not sure where to post this thread, but does anyone know who I can call if a developer does not control soil erosion? In other words my house sits adjacent to a undeveloped plot and i continuously get mud run-off from that plot. I've asked the developer numerous times, but feel like i'm getting the run-around. Is there a state or city organization that handles this or do you go a lawyer route? I live in oklahoma city by the way. Thanks a bunch for your help!

This seems applicable:

A. Erosion and Sediment Controls.
1. Short and Long Term Goals and Criteria:
a. The construction-phase erosion and sediment controls should be designed to retain
sediment on site to the extent practicable.
b. All control measures must be properly selected, installed, and maintained in
accordance with the manufacturer’s specifications and good engineering practices. If
periodic inspections or other information indicates a control has been used
inappropriately or incorrectly, the permittee must replace or modify the control for site
situations.
c. If sediment escapes the construction site, off-site accumulations of sediment must be
removed at a frequency sufficient to minimize offsite impact (e.g., fugitive sediment
in street could be washed into storm sewers by the next rain and/or pose a safety
hazard to users of public streets).
d. Sediment must be removed from sediment traps or sedimentation ponds when design
capacity has been reduced by 50%.
e. Litter, construction debris, and construction chemicals exposed to storm water shall be
prevented from becoming a pollutant source for storm water discharges (e.g. screening
outfalls or picked up daily).
f. Offsite material storage areas (also including overburden and stockpiles of dirt,
borrow areas, etc.) used solely by the permitted project are considered a part of the
project and shall be addressed in the SWP3.

I got it from the Oklahoma Dept. of Environmental Quality's website here (http://www.deq.state.ok.us/wqdnew/stormwater/construction/okr10_final_permit_13_sep_2007.pdf)

Since its an undeveloped plot, I suspect its not considered a "construction" site.

Most broadly, and I hope you don't take offense at this, but I have a sneaking suspicion the developer may be in a position to say it isn't his problem, because he didn't pick your lot. A former neighbor of mine who lived to the rear wanted me to re-grade my lot because my lot was draining into his, and his was sloped toward his house. That he picked a poorly draining lot wasn't my problem. I have a feeling the developer may make the same claim - he would assert that the relative heights of the lots were evident before you bought the lot, so you knew or should have known about potential drainage issues going in.

Now, that said, you could surely try the route of a) making a formal notification of the nuisance to him, via a registered letter, B) start to make meticulous records of the remediation you have to undertake to clean up the drainage issues you believe are caused by the runoff from his lot, and C) consider a small-claims action yourself, or contact an attorney to assess the viability of a negligence/damage claim for having failed to deal with the issues you called to his attention.

My personal opinion is that, unless there's something notorious or particularly offensive coming from his lot, and he refuses to deal with it, that ordinary drainage and water runoff is going to be a tough nut to crack legally. No lawyer here, of course, just spitballing, but that's my guess.

Even during construction, they are liable. If they dont' take propper measures to control it, they are responsible for it. It may take going to court over it, but the developer would lose. What jury would agree with them?

Even during construction, they are liable. If they dont' take propper measures to control it, they are responsible for it. It may take going to court over it, but the developer would lose. What jury would agree with them?

It depends. What is the developer's duty to control erosion, and what's the duty of the owner to recognize the risk of an undeveloped lot before he buys it? Is there something extraordinary about the lot that, in and of itself, creates a nuisance that a reasonable person would expect the owner to mitigate?

During construction is one thing. You carelessly toss nails, debris, or related junk into my yard, yeah, you have a duty to mitigate. But if the yard is just an empty, unsodded yard, and the adjacent developed property is receiving mud or soil wash due to regular wind, rainfall, etc, I would probably have a hard time holding the owner of that lot responsible. If there were some unusual characteristic of that lot that made it more of a nuisance, then yeah, I could see that the developer would be held to a higher standard of mitigation.

I don't know the specifics of this situation, so it would be silly for me to make certain proclamations one way or the other. I'm talking strictly in general terms. Generally, given a developed lot adjacent to an ordinary, physically unremarkable, undeveloped lot, especially one where differences in elevation might be obvious, I think the prospective buyer of the developed lot has their own duty to assess the drainage risks. If I were on a jury, and I didn't see evidence of a developer failing to control obvious or unusual risks, I'd have a hard time finding in favor of the guy who bought a house on the next lot and then started complaining about runoff and drainage. If the developer wanted to be a nice guy, sure, he could do a few things, but I think that's a fair distance from a legal duty.

No lawyer here, just a homeowner, and its just an opinion.... :)

okay found it. Yes, developer is responsible for silt run-off. You have to contact the Storm Water Quality Division and they will assess then issue enforcement/fines as necessary. They are required to maintain soil erosion control. SoonerDave i understand what you are saying, but don't agree with your rationale. By your logic your neighbor could do whatever they wanted to you so long as there was a reasonable interpretation that it would happen. What if i had a target range set-up in my backyard before you bought the house. Then you bought the house and i shot your dog. By what you describe you should say "Crap I should have known if i bought this house my dog would be shot." I realize that's slippery slope, but replace target range with septic tank and shooting with a malfunction. We're not talking water run-off---we are specifically talking about an area the developer has disturbed which now has uncontrolled soil----causing soil runoff onto my property.

DEQ or EPA.

Since its an undeveloped plot, I suspect its not considered a "construction" site.

Most broadly, and I hope you don't take offense at this, but I have a sneaking suspicion the developer may be in a position to say it isn't his problem, because he didn't pick your lot. A former neighbor of mine who lived to the rear wanted me to re-grade my lot because my lot was draining into his, and his was sloped toward his house. That he picked a poorly draining lot wasn't my problem. I have a feeling the developer may make the same claim - he would assert that the relative heights of the lots were evident before you bought the lot, so you knew or should have known about potential drainage issues going in.

Wrong. If you alter your own property's water runoff, changing the natural flow of water and damage your neighbor, you're going to be liable. I'm currently working on a case just like that.


Now, that said, you could surely try the route of a) making a formal notification of the nuisance to him, via a registered letter, B) start to make meticulous records of the remediation you have to undertake to clean up the drainage issues you believe are caused by the runoff from his lot, and C) consider a small-claims action yourself, or contact an attorney to assess the viability of a negligence/damage claim for having failed to deal with the issues you called to his attention.

No, not really. Just contact these folks:

http://www.okc.gov/pw/swq/storm.html

The rules are in place primarily to combat siltation and erosion, exactly what is happening here. The site should be reported and the builder should be required to take appropriate precautions. This developer only has to submit a plan to the city's Storm Water Quality Division. He doesn't have to submit to or deal with DEQ unless the lot is larger than 1 acre.

okay found it. Yes, developer is responsible for silt run-off. You have to contact the Storm Water Quality Division and they will assess then issue enforcement/fines as necessary. They are required to maintain soil erosion control. SoonerDave i understand what you are saying, but don't agree with your rationale. By your logic your neighbor could do whatever they wanted to you so long as there was a reasonable interpretation that it would happen. What if i had a target range set-up in my backyard before you bought the house. Then you bought the house and i shot your dog. By what you describe you should say "Crap I should have known if i bought this house my dog would be shot." I realize that's slippery slope, but replace target range with septic tank and shooting with a malfunction. We're not talking water run-off---we are specifically talking about an area the developer has disturbed which now has uncontrolled soil----causing soil runoff onto my property.

No, that's what I meant specifically about a nuisance. And if the developer did something that has created the risk, its no longer an undisturbed property.

And, since Midtowner has replied, whatever I said was irrelevant and/or wrong as he noted. :)

Wrong. If you alter your own property's water runoff, changing the natural flow of water and damage your neighbor, you're going to be liable. I'm currently working on a case just like that.

But that was my point - I hadn't done anything to change the drainage. It was precisely as it had been since the day I moved in. His lot had a good 20-degree grade *toward* his own house which he lightly implied was my problem, when I has absolutely zero to do with it. His house was previously a spec/show home when this neighborhood was new, and I'm confident the builder chose that lot for the home show precisely because of the drainage issue. You'd have to be willingly stupid not to understand that gravity would roll stuff into your house from mere rainfall at that angle if you didn't take some sort of action(s).

I told him to put in a french drain (while mumbling under my breath he should have paid more attention to his own lot), and he never bothered me again.

I did not understand the OP's point that the developer had done *something* to the lot that created the problem. If the developer screwed around with the lot, and now there's a problem, obviously its on the developer. Perhaps drawing too much on my prior experience, I thought the lot was empty/untouched, and there was a natural downhill grade into the OP's property.



No, not really. Just contact these folks:

http://www.okc.gov/pw/swq/storm.html

The rules are in place primarily to combat siltation and erosion, exactly what is happening here. The site should be reported and the builder should be required to take appropriate precautions. This developer only has to submit a plan to the city's Storm Water Quality Division. He doesn't have to submit to or deal with DEQ unless the lot is larger than 1 acre.[/QUOTE]