Drainage

Construction, Improvements, and alternations of municipal rrains are initiated by owner-petition or requests under the Drainage Act.

Through a regulated public process, a report is prepared by a drainage engineer and adopted under municipal By-law. The Drainage Act regulates mandatory meetings and notices to property owners, utilities, ministries, and road authorities throughout the design, appeal, and construction process. Additional notices and meetings may be arranged as necessary at the request of the County or the engineer appointed by Council under the Drainage Act.

All Norfolk County notices are sent to the property owner(s) according to the Norfolk County tax roll at the mailing time.  View active drain construction projects.

Paper copies of Reports, Plans, and Specifications are available upon request. 

If your property is affected by the requested project file, there will be no applicable fee. If you are not an owner of the property identified in the requested project file, printing and mailing fees may apply.

Drainage Staff, in partnership with the Ministry of Natural Resources, Long Point Conservation Authority and various other environmental agencies, have established successful programs to enhance and restore wetlands and riparian vegetation on or adjacent to municipal drains. 

These programs have proven to reduce drain maintenance costs and improve water quality and quantity by enhancing existing natural features and wildlife habitats on the landscape throughout Norfolk County.

Property owners are encouraged to maintain grass riparian buffers adjacent to any open ditch. Riparian Buffers reduce or eliminate erosion and provide headland area and access for maintenance activities.

Municipal Drains are user-pay systems. The County, through the drainage superintendents, is responsible for the construction, maintenance, and repair of all drains; however, according to the current drain by-laws, all costs incurred by the County are assessable to lands, roads, and utilities.

Actual costs incurred by the County in maintenance or construction are tracked separately and assessed or billed to the applicable properties upon completion.

Assessments are imposed against the property, not the property owner(s). The owner must disclose outstanding or potential drain assessments during a property sale.

Types of assessments

Several factors determine what portion of the cost is assessed for each property. The Drainage Act explains how an engineer calculates the assessments for each property. Typically, an engineer’s report will explain how the engineer calculated the assessments. Once adopted under the by-law, assessments are fixed until the report is amended in accordance with the Act.

The two most common assessments under the Drainage Act are Benefit Assessment and Outlet/Injuring Liability.

Benefit assessment

The drainage works provide a direct benefit to the property in some form. This usually means the drain is on the property or the property is directly connected to the drainage system.

Outlet/injuring liability

All properties that contribute runoff to a drainage system are liable for a portion of the cost. A drain may only provide a direct outlet for a limited number of properties, but due to the contributing area, the need for and size of the system increases. Upstream lands and roads are responsible for a proportion of this cost.

The Drainage Act specifically states outlet and injuring liability is based on volume and flow rate. Paved surfaces contribute more runoff than farmlands, whereas bush lots contribute less runoff than farmland.

Grants

Registered Farm properties may be eligible for a 1/3 Grant relative to assessments under the Drainage Act. Grants are regulated and administered through the Ministry of Agriculture, Food and Rural Affairs (OMAFRA).

Property owners are responsible for maintaining their farm property eligibility through OMAFRA. Read more about the Farm Business Registration Program.

Norfolk County is responsible for OMAFRA Grant applications on a per-project basis. Any amounts received by Norfolk County are applied to the applicable property assessments before billing. Norfolk County is responsible for OMAFRA Grant applications on a per-project basis. Any amounts received by Norfolk County are applied to the applicable property assessments before billing.

• Drainage Act, R.S.O. 1990, c. D.17
  Drainage Act and Conservation Authorities Protocol for Maintenance Activities.

Norfolk County Zoning By-law 1-Z-2014 Refer to Section 3.30 for setback from Municipal Drains:

• No new building or structure or part thereof shall be erected or enlarged nearer to any municipal drain than specified as follows:
  
  
  • 4. a) in any Agricultural (A), Industrial, Rural Commercial (CR), Rural Institutional (IR) and Open Space (OS), Open Space (Tent and Trailer) (OST) Zones, 9 metres from top of bank to an open drain and where the top of bank is not definable, 9 metres from the centre-line of the drain. In the case of an enclosed drain, 4.5 metres from the centre-line of the drain;
  • 5. b) in any residential, urban or hamlet commercial and urban or hamlet institutional Zones, 4.5 metres from the top of bank of an open drain and where the top of bank is not definable, 4.5 metres from the centre-line;
  • 6. c) Subsections 3.30 a) and b) shall not apply to existing buildings or structures;
  • 7. d) notwithstanding Subsections 3.30 a) and b), if the working area described in a municipal drainage By-Law is greater than in Subsections 3.30 a) or b), the working area setback shall apply.

Court of Revision

The Court of Revision hears appeals on Drainage Act Assessments. Court of Revision hearings are scheduled after the Council adopts a drain report.

Before the hearing, a Notice of Court of Revision will be sent to all affected owners of property identified in an engineer’s report.

If a hearing proceeds past a single hearing date, only owners affected by the potential changes will receive notification of the Court of Revision Continuation Date.

Any decisions altering the engineers' assessment will only be sent to the appellant and owners of all affected property.

Learn more about the Committee of Adjustment.

Alternative Hearings

Norfolk County may use an alternative hearing format to save time and costs. If no written appeals are received 10 days before the hearing date, the County may elect to use a written or electronic hearing.

Electronic access details will be provided to affected owners before the meetings if applicable.

Minutes

Decisions are mailed only to those properties that filed an appeal or where a change has affected a property assessment.

Should you have any questions or concerns or require a copy of the Court of Revision Minutes, please contact the Drainage Clerk 519-426-5870 or 226-NORFOLK, extension 1207.

The Lake Erie Hazard Mapping and Risk Assessment project supports Norfolk County interests, including municipal infrastructure, flood response, the Official Plan, and the Zoning By-law.

The Lake Erie Hazard Mapping and Risk Assessment is a technical document that maps the shoreline hazards using the most up-to-date information and is not a shoreline management plan.

Personal information submitted to drainage@norfolkcounty.ca is collected under the authority of the Municipal Freedom of Information and Protection Act, or for the purpose stated on the specific form being submitted through e-mail.  The Drainage staff administration will use the information for its intended submitted purpose.

Questions about the collection of personal information through this e-mail may be directed to:

Information and Privacy Coordinator
Norfolk County
50 Colborne Street South
Simcoe, Ontario, N3Y 4H3
519-426-5870 or 226-NORFOLK, extension 1261

As well as the contact names of the form being submitted.