Your responsibilities and rules to follow for watercourses on or near your property, and permissions you need to do work around them.
Applies to England
Find out if you own a watercourse
You normally own a stretch of watercourse:
- that runs on or under your land
- on the boundary of your land, up to its centre
The deeds for your property or land will tell you if this is not the case. Check your deeds if you’re not clear about ownership.
A watercourse can be a:
A culvert is an underground structure that water can flow through.
Owners: your responsibilities
You have responsibilities for the stretch of watercourse you own.
Report an incident
Call the Environment Agency Incident hotline to report:
- blockages which could cause flooding to main rivers
- unusual changes in the flow of water
- collapsed or badly damaged banks
Let water flow naturally
You must let water flow naturally.
You may have to remove blockages, fallen trees or overhanging branches from your watercourse, or cut back trees and shrubs on the bank, if they could:
- obstruct or affect a public right of navigation – ask your navigation authority for advice
- reduce the flow or cause flooding to other landowners’ property – you may have to pay damages if they do
- leave all other trees, branches and shrubs - they can help prevent flooding by varying the shape and flow of the channel, and reduce erosion
- keep any trash screen, weir, mill gate or other structure clear
Don’t go inside a culvert. You could get trapped or poisoned by gases. If it needs clearing or repairing contact your risk management authority for advice.
You must not pollute the water. Don’t throw waste water, chemicals or anything else which could cause pollution on the banks or in the water.
Find out how to prevent rainwater carrying topsoil into the watercourse and polluting it in the Think Soils publication.
- remove litter from the banks
- remove animal carcasses - contact your local council if you need advice
- not put garden waste, including grass cuttings, on the banks or into the water
- not disturb certain species or their habitats, including the bed and banks
- not disturb birds and their nests
- not disturb the spawning or eggs of salmon, trout or other fish
- prevent invasive species such as japanese knotweed from spreading into the wild or onto neighbours’ land
Get advice about owning a watercourse
For advice about what you must do if you own a stretch of watercourse, contact your risk management authority.
If it’s about:
These organisations control work carried out in and around watercourses. They can help you understand what you can and can’t do.
Manage flood risk: rules and responsibilities
You have the right to protect your property from flooding and erosion, but you must:
- get permissions to build anything in or around the watercourse
- not build anything which could divert water and increase flood risk to other people’s property, or you may have to pay damages
Flood defences on your land
Something on your land, such as a wall, may be important to prevent flooding and be listed as a flood defence asset.
You must ask permission before you:
- change, remove or build any flood defence on your land
- do any work within 8 metres of a flood defence, or within 16 metres of a tidal flood defence
You may be responsible for maintaining and repairing a flood defence on your land. Check with the authority.
When an authority stops maintaining a flood defence on your land
Check your flood risk
- check your immediate and long-term flood risk
- sign up to get flood warnings by phone or text if your property is at risk of flooding
Get permission to do work in or around a watercourse
You must find out which permissions and licences you need to maintain, repair, build or remove anything in or around a watercourse. This includes:
- creating or changing a mooring, mill, fence, dam, weir, bridge or culvert
- changing the banks
- removing material from the bed
You’re responsible for getting the permissions and licences you need. You may get a fine or go to prison if you don’t do this.
Find out if you need to apply for an environmental permit from the Environment Agency.
On the River Thames you must also apply for a River Thames accommodation licence.
If the tide affects your watercourse
Find out if you need a marine licence from the Marine Management Organisation.
The risk management authorities are unlikely to give you permission to build a culvert - an underground structure that a watercourse can flow through. Culverts can increase flood risk and damage the environment.
Contact your local planning authority to check whether you need planning permission.
If you need to access other people’s land
You must contact other owners and get their permission before you start work.
Removing water, or building or altering a dam or weir
You may need to apply for an abstraction or impoundment licence if you want to:
- remove water, temporarily or permanently
- build something to restrict or impound water
- alter, rebuild or remove a dam or weir
On any other watercourse, you may need a Land Drainage Act consent from one of the following:
Work affecting protected areas and species
You must not harm protected species or their habitats. Read guidance on which species are protected and what you must do if your work may affect them.
Check if you need permission from Natural England for work on or near a protected site.
You can check if your site is on or near a protected site, such as a:
- Special Area of Conservation
- Special Protection Area
- site of special scientific interest
If you apply for an environmental permit because you’re on a main river, the Environment Agency will contact Natural England for you.
Deal with waste
If you’re going to treat or dispose of waste from your work, find out if you need to:
Registering an exemption means you don’t need an environmental permit for your activities with waste.
Discharging water or effluent
You must apply for a water discharge activity permit to discharge contaminated water including trade or sewage effluent into:
- any watercourse
- some lakes and ponds
To discharge to groundwater you must apply for a groundwater activity permit.
East Anglia: drainage charges
Fishing and boating
You can usually fish in the stretch of water that you own. You need to check your deeds to find out if fishing rights have been sold or leased.
You must buy a rod licence to fish, including in the stretch of watercourse that you own.
You’ll need to register your boat if you want to keep it or use it on any waterway or canal.