Stormwater Rules & Regulations
What is stormwater drainage?
Drainage is defined as "surface water runoff or the removal of surface water or ground water from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
What is an easement?
An easement is "a grant of one or more property rights by the owner to, or for the use by the public, corporation or another person or entity." In the case of a drainage easement, the property owner is deemed to have granted the municipality the right of the easement for the purpose of draining surface water from one location to another. The responsibility for general property maintenance on the easement still remains with the property owner. This responsibility includes mowing and repair of erosion not associated with the watercourse.
What is a flood plain?
A flood plain is an area subject to periodic flooding. It is generally characterized by relatively flat topography and soil types that were laid down during past inundations by flood waters. If the property is in the 100-year flood plain, there is a 1-in-100 chance in any given year that the property will flood. The statistical chance of flooding may result in the flood plain being recalculated. A 100-year flood plain is always wider than a 25-year flood plain and the 25-year flood plain is contained within the 100-year flood plain. Flood plain maps are available on the City's website in the GIS department pages.
What are my responsibilities for maintaining the easement?
Property owners of public drainage easements on private property are responsible for mowing and maintaining the drainage easement on their property. Hudson Ordinance 1480.04(g) requires that lots or parcels of land within Hudson, containing noxious weeds and/or tall grasses growing on the lot should be cut and maintained so as not to go to seed, spread pollen or exceed 8" in height. Failure to do so may cause the City to order the property owner to cut the weeds/grasses. Should the property owners fail to flow the Ordinance, then the City can have the grass/weeds cut and assess the costs against the property or seek recover of such costs by civil action against the property owner.
Who is in charge of enforcement and administration?
The Director of Public Works is authorized to administer these Stormwater Rules & Regulations. In addition to all other powers graded by the Code, the City Manager, pursuant to Section 1424.05 appoints the Director of Public Works as the authorized enforcement official for the purpose of carrying out the duties and responsibilities in enforcing the regulations.
Can I put my brush or grass clippings in the easement, stream flood plain or pathway?
No brush or vegetation debris storage is permitted in public drainage easements, stream flood plains or pathway.
Can I place items in the easement, stream flood plain or pathway?
No storage buildings, pools, play sets, storage units / materials, including underground lines, such as invisible dog fences and /or sprinkler systems are permitted in public drainage easements, stream flood plains or pathways.
Will the City ever clean my easement?
Easement cleaning is not the obligation of the municipality. The City does attempt to clean easement areas as funding sources permit. If the drainage easement on your property is not functioning as designed, please contact Hudson Public Works, 330-342-1750.
Who has access to public drainage easements?
No person or entity shall deny access onto a drainage easement. Except during emergencies, two weeks' notice will be given to the property owner. All encumbrances on the easement must be removed within the two week notification period. If the encumbrances are not removed, the City will remove them and charge the cost of removal to the property owner. Should the property owner fail to play the costs of such actions within 30 days of notice, or fail to make arrangements for payment, then the costs of removal will be collected and assess against the property.