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  1. #1
    Silver Member
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    Jun 2004
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    114
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    Manvel, TX (south of Houston)
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    Kubota Grand L3830 HST with LA723 FEL and HD bucket

    Default Neighbor fill dirt delima

    I've got 10ac. that I've had a pond dug and built up a pad site. My neighbor to the east has about 15-20 ac. He has small house across the street and plans to build on the front of this larger piece of property in the near future.

    The problem is that he has been adding a large amount of fill dirt to his property. He had a source where he could get it for free from a new high school being built, all he had to do was pay for the dumptrucks. Came out to about $18-$20 a load. When this first came about early last year I added about 100 loads to my property to fill in a small pond and fill in a low spot in the middle of my property. My neighbor has taken this a little farther. I estimate is about 500-1000 truck loads of dirt. He also has about a 1.5 ac. pond that he used the dirt to fill up his property.

    We are in a low area I had a topo survey down and my elevation was 51.5' above see level, and the FEMA 100 yr floodplane is at 54.5. Now with my pond and pad site I am above that and safe. I don't think it's really that bad in the last 2 years I've havn't seen it underwater. It's just real flat and doesn't drain well.

    My problem will be the rest of my property being flooded from the runoff from my neighbors property. Any advice on how I should handle this. I'm thinking of calling him tomorrow and finding out if he plans to add any more dirt?

    I believe he added another 100 loads today.

  2. #2
    Silver Member
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    Nov 2004
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    126
    Location
    Eastern MA
    Tractor
    Kubota B7800

    Default Re: Neighbor fill dirt delima

    how can you get away with filling a pond? Here in Massachusetts the enviro cops would be all over us. wetlands and all.

  3. #3
    Super Member kenmac's Avatar
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    Feb 2005
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    5,850
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    The Heart of Dixie
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    yanmar 3110D

    Default Re: Neighbor fill dirt delima

    Where I live , If it was like this by nature & you built on your property knowing this ,too bad your problem,but someone can't cause storm water run off to affect someone elses property.I would call the county/ city in your area to find out what the law is (if any) on storm water run off .

  4. #4
    Gold Member
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    Sep 2004
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    426
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    too close to Graceland....
    Tractor
    none, formerly TC55da, TC30

    Default Re: Neighbor fill dirt delima

    If you are worried about run off from your neighbor becuase he is building his property up higher then I would look at / consider the following.

    Can you establish a berm along your property boundaries that directs his run off towards a stream or spot lower than your property. You then could landscape the berm as a privacy barrier (native evergreen shrubs via transplanting etc.... )

    That to me would be the best solution without knowing your site. This way you control the end result. You of course could mention to your neighbor your intention to do this to see if he has any plans that may affect your plan. Therby you are in affect saying look what you are making me do and giving him an opportunity to contribute with ideas, understand his intentions, and perhaps make him aware of hte consequences of his actions without being confrontational.


    This solution of course is best if you can still get the dirt for free and have the ability to move it to build a berm.

    I am sure your neighbor will understand why, becuase he is probably on the same path as you as far as trying to stay dry / dry things out.


  5. #5
    Epic Contributor Bird's Avatar
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    Mar 2000
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    37,773
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    Texas

    Default Re: Neighbor fill dirt delima

    Daryl, I just have not kept up with changes in the law, but when I bought 10 acres in Navarro County, you could do just about anything you wanted to, no permits, etc. However, about 5 or 6 years ago, everyone got a notice in the mail from the county that you would need a permit to do anything or move any dirt that would affect drainage or run-off. Now I don't know for sure whether it was just the county doing it, but it was my understanding that it was a state law change. So you might want to call your county commissioner's office to inquire.

  6. #6
    Gold Member
    Join Date
    Sep 2004
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    426
    Location
    too close to Graceland....
    Tractor
    none, formerly TC55da, TC30

    Default Re: Neighbor fill dirt delima

    I have persued the drainage run off issue serveral times in the past with the proper officials. I have found it is about impossible to get them to do anything.

    Four cases. Three were the neighbor directing more water into my (or a fmaily members) property. In eash case I got the run around till nothing happened. One instance was even where the neighbor built 20 acres worth of ponds and drained them onto my property. The only saving grace is I have a creek 20 feet from where the flood comes onto my property.

    The only instance where some one did anything is when my neighbor build a **** between our properties to keep the drain / rain water coming across my brothers backyard. That was fixed in about three days.

    But those are just my experiences.


  7. #7
    Silver Member
    Join Date
    Jun 2004
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    114
    Location
    Manvel, TX (south of Houston)
    Tractor
    Kubota Grand L3830 HST with LA723 FEL and HD bucket

    Default Re: Neighbor fill dirt delima

    Thanks folks,

    The small pond I filled was more of a 15' x 25 'mud hole than an actual pond.

    I'm planning to talk to him and find out what he plans to do about water run off on my and neigboring properties. He's got a nice dozer and he could easily cut some shallow ditches to direct water toward the front and back of his property, where there are county maintained ditches. Just hope he is willing to be a good neighbor.

    We do have a county drainage district for out area and I believe they take this stuff serious when your in the flood plain.

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