Flood risk management offences
Updated 21 February 2024
Applies to England
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/offence-response-options-environment-agency/flood-risk-management-offences
1. Environmental Permitting (England and Wales) Regulations (EPR)
Activities previously requiring consent under section 109 of the Water Resources Act, or byelaws under that Act, are now regulated as flood risk activities requiring a permit under EPR.
These activities include erecting structures in, over or under main river, dredging and desilting, and works adjacent to main river and in the flood plain of a main river.
See part 4 EPR for further details of the relevant offences and enforcement responses available for offences which occur after 6 April 2016.
2. Water Resources Act 1991 (WRA)
Section 107(3):
Non-compliance with a Section 107(3) WRA notice (notice requiring remediation of main river to ensure proper flow).
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 176:
Interference with Environment Agency apparatus.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
3. Flood Risk Management (main river, inter-tidal or coastal) Byelaws
3.1 Prohibited activity undertaken – main river only
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
3.2 Notice given by the Environment Agency requiring steps to be taken
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
3.3 Non-compliance with a byelaw notice
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
4. Flood Risk Management (enforcement of an Order to restore and improve ditches)
Section 28 to 30 Land Drainage Act 1991:
Failure to carry out works as directed by First Tier Tribunal (Property Chamber), Agricultural Land and Drainage.
Considerations specific to this offence
The decision on whether to exercise our powers or not, lie solely with the Director of Flood and Coastal Risk Management (FCRM) under powers delegated by the Secretary of State.
Where a First Tier Tribunal (Property Chamber), Agricultural Land and Drainage has made an order under section 28 Land Drainage Act 1991, and the works required have not been completed in the time specified, the Environment Agency, as enforcing Authority, can do the works under section 29 of the Act and reclaim costs. This should be done by Area Operations Manager, delegated to Asset Performance teams and only following formal decision to enforce by Director of FCRM.
5. Flood Water Management Act 2010
Section 30 and Schedule 1 11(4):
Failure to comply with an enforcement notice in relation to a designated asset.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 30 and Schedule 1 13(5):
Obstruction of Environment Agency officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution