Provision of Drains and Temporary Storage of Materials

An adequate drainage system is essential to prevent flooding of roads, to avoid weakening the structure of roads and to avoid erosion. The Roads Act allows local authorities to construct and maintain drains through any land in order to remove water from a public road or to prevent water flowing onto one. Limerick Co. Council may also use land for the temporary storage or preparation of road construction or maintenance materials such as gravel, earth etc.

You will be informed:
Limerick Co. Council is obliged to give at least one month’s notice to landowners or occupiers before going onto any land to carry out drainage works or temporarily use it to prepare or store road construction materials. The landowner or occupier has a right to make a written objection or representations and these must be considered.

However, the only exception is in an emergency situation such as a landslide or flooding which poses a serious threat to safety of road users or to the road itself. In such cases, Limerick Co. Council can take immediate action without giving advance notice, but will of course notify the landowner in due course.

Compensation:
Compensation is payable in respect of damage caused to land as a result of Limerick Co. Council carrying out drainage works (including works carried out in an emergency) or as a result of the temporary storage or preparation of road construction materials. A landowner/occupier will not be compensated in respect of pre-existing damage caused by water draining off a public road, but will be entitled to compensation for any additional damage caused by new works. A six-month time limit exists for the submission of claims for damage

Your obligation to keep drains clear:

Landowners/occupiers are obliged to take all reasonable steps to ensure that water can drain off a public road onto their land. They must also ensure that water, soil or other materials do not escape from their land onto a public road.

Limerick Co Council can serve a written notice on a landowner/occupier requiring him/her to carry out works
(E.g. unblocking a drain)

• to ensure that water can drain from a public road onto his/her land

• to prevent water, soil etc. from escaping from the land onto a public road

• It is an offence not to comply with this notice which can result in a fine or imprisonment or both.
  
  You have the right to appeal:
  A person on whom a notice is served has a right to appeal to the local District Court within 14 days. An appeal may be made on the grounds that:

  • the person is not the owner/occupier of the land in question

  • water is not prevented from draining off the road

  • water, soil or other material is not falling onto the road

  • the cost of carrying out the required works would be unreasonable

  • sufficient time was not given in order to carry out the required action