Municipal Drains

Municipal drains are systems to move water. They are either ditches or closed systems such as pipes or tiles buried in the ground. They can also include structures such as dikes, berms, pumping stations, buffer strips, grassy waterways, storm water detention ponds, culverts, and bridges. Even some creeks and small rivers are considered to be municipal drains. For the most part, municipal drains are found in rural agricultural areas of Ontario.

What is the purpose of a municipal drain?

The main job of a municipal drain is to help move or drain excess storm water into natural bodies of water. Without them, many areas of the community could be subject to regular flooding, reduced production from agricultural land, or other impacts resulting from too much groundwater. They are not sewers and are not meant to carry hazardous waste, septic waste, or any other type of contaminant.

Although municipal drains are made by humans, all of them eventually connect into natural bodies of water such as Lake Erie, the Welland Canal, and other rivers or streams located in the community. It’s very important not to direct septic system waste, barnyard and manure runoff, or other pollutants directly into a municipal drain.

Property owners shouldn’t conduct any maintenance on the drain by themselves. However, there are several do’s and don’ts for property owners with a municipal drain on their land.

Do’s:

• Do notify us if there is an issue with drainage by calling our customer service team at 905-835-2900 or emailing customerservice@portcolborne.ca
• Do allow the City to come on your property to conduct investigations, inspections, maintenance or repairs on the drain. We will periodically arrange with you to enter your property and perform the necessary work. You will be billed for the work on a yearly basis.
• Do remove debris from any catch basins that may be located on your property or adjoining roadway(s). This can help keep water flowing and can reduce the possibility of property damage during storm events.[AV1] 
• Do pay attention to any potential problems with the municipal drain on or near your property and let the City know so we can come investigate and conduct repairs or maintenance if needed.
• Do some research to understand how the municipal drain affects your property. You should know things like:
  • Your share of the assessment and what percentage you’ll pay of any maintenance or repair costs.
  • Are there any buried drains that cross beneath your land?
  • Is there a municipal working space along or above a municipal drain on your property?
• Do learn more about the municipal drains that affect your property. You can request additional information from the City (copying fee applies).

Don’ts:

• Don’t store materials such as brush, lumber, or other floatable material near the drain. During storm events, these materials could float away and block the drain.
• Don’t block or build in the 10-metre setback from the top of the bank along a municipal drain. Along every municipal drain there is working space that the municipality has a right to use to maintain or repair the drain. This is similar to an easement. It’s important that you keep this space accessible and do not plant trees or build any structures in this area. If you do, and it results in an obstruction to maintenance equipment, you may have to pay to remove the obstruction. Don’t perform any work or maintenance on the drain yourself. If you want to install a culvert or bridge on an open-ditch municipal drain, or if a municipal drain itself requires maintenance, don't perform the work yourself. If you do unauthorized work on a drain and that work results in damages to the drain or to other landowners, you could be responsible for paying the cost of repairing the damages. Notify the City if you would like work done, or if you think the municipal drain requires maintenance.

What happens if the municipal drain on my property needs maintenance?

If you think the municipal drain on your property needs maintenance, please let us know by calling our customer service team at 905-835-2900 or emailing customerservice@portcolborne.ca

If it is determined that the municipal drain needs maintenance or repairs, we will arrange with you to enter your property and perform the necessary work. After it is completed, you will be billed yearly for your share of the cost.

While the work is being completed, you can expect the working space along the drain to be accessed by maintenance equipment and the land to be disrupted to some degree. Because this working space is a form of an easement, you will not be paid for any damages that occur on this land.

According to provincial legislation, the City is permitted to accumulate the cost of maintaining a drain for up to five years, or to a maximum of $5,000. Therefore, it is possible that you may be billed for work that occurred before you owned a property.

My downstream neighbour has blocked the municipal drain. What should I do?

I have identified what looks like a spill in a municipal drain. Who do I call?

If you think there is a spill of hazardous materials in the municipal drain, please let us know by calling our customer service team at 905-835-2900 or emailing customerservice@portcolborne.ca

You should also contact the Ministry of the Environment, Conservation & Parks (MECP) Spills Action Centre.

Will I get a bill for the maintenance or construction of a municipal drain?

Yes. If you are within the defined catchment area of a municipal drain, you are responsible for your share of the cost of work.

For newly constructed drains, property owners will receive a bill with options to pay your share in one sum or over the course of five years.

For existing drains receiving maintenance or repairs, property owners will receive charges on their final tax bill. While we aim to bill maintenance work regularly, according to provincial legislation, the City is permitted to accumulate the cost of maintaining a drain for up to five years, or to a maximum of $5,000. Therefore, it is possible that you may be billed for work that occurred before you owned a property.

How are new municipal drains created?

The process for creating a municipal drain is outlined in detail on the Ontario Drainage Act. At a high level, the process for a new municipal drain is through petition:  

Petition for drainage work:

If there is a lack of drainage in a certain area, residents in the area can submit a petition for drainage work to the City of Port Colborne by contacting the Drainage Superintendent.

The petition is taken to Council and the Council will appoint an engineer to complete an investigation. If warranted, a report will be generated to identify the solution to the drainage problem and how the costs will be shared. 

Engineer’s report:

The Engineer’s report is presented to Council for consideration.

The report is temporarily adopted by Council as a by-law.

Residents can then submit appeals to the Court of Revision and the Tribunal if they believe they have been assessed unfairly or if the report requires changes.

Once all appeals are settled, Council passes a by-law adopting the engineer's report. This gives the City the legal authority and responsibility to build the drain and maintain it in the future.

What is the history of municipal drains in Port Colborne

• So….What's a Municipal Drain?
• Duties of a Landowner Under the Drainage Act
• Top 10 Common Law Drainage Problems Between Neighbours
• Understanding Drainage Assessments

• Bearss Drain Report September 1996
• Biederman Drain Report January 12, 2023
• Michener Drain Report May 7, 2020
• Northland Estates Report August 14, 2024
• Northland Estates Drawing August 14, 2024 
• Oil Mill Creek Report June 20, 2024
• Port Colborne Drain Report with Tribunal Decision July 2022
• Skelton Drain Report 2019
• Skelton Plan and Profile
• Schihl Drain Report 2019
• Wignell Drain Report February 9, 2024
  • Appendix A.
  • Appendix B.
  • Appendix C.
  • Appendix D.
  • Appendix E.
  • Appendix G. 
• Young & Hopf Wagner Drain 2017
• Young & Hopf Wagner Drain Plans
• Zavitz Drain Report 2016

• Biederman Drain - Final Decision - March 4,2024
• Preliminary Meeting November 27, 2003 Slide Deck
• Oil Mill Creek Drain Preliminary Meeting November 27, 2023
• Oil Mill Creek Drain Watershed Hydrology and Hydraulics Report
• Oil Mill Creek Baseline Report
• Oil Mill Creek Drain PIC 1 Presentation February 23, 2022
• Point Abino Baseline Report
• Point Abino PIC 1 Presentation March 21, 2022
• Point Abino PIC 1 Recorded Meeting
• Port Colborne Baseline Report
• Beaver Dam Baseline Report
• Beaver Dam Drain PIC 1 Presentation November 19, 2019
• Michener Drain Baseline Report
• Wignell Hydrology and Hydraulics Report
  • Appendix A. Hydrology
  • Appendix B. Hydrology
  • Appendix C. Hydrology
  • Appendix D. Hydrology
  • Appendix E. Hydrology
  • Appendix F. Hydrology 
• Wignell Drain Baseline Report

• Notice of Appeal to Court of Revision Section 52 (1) of the Drainage Act R.S.O. 1990
• Notice of Appeal to Tribunal Section 48 (1) of the Drainage Act R.S.O. 1990
• Notice of Appeal to the Tribunal from the Court of Revision Section 54(1) of the Drainage Act R.S.O. 1990
• Notice of Appeal to the Referee Section 47 (1) of the Drainage Act R.S.O. 1990

Mailings

• September 10, 2024 Meeting Letter for the Oil Mill Creek Municipal Drain