Stormwater and drainage

Water in street drain

Council often receives concerns from residents about stormwater run-off causing issues for neighbouring or downstream properties - an issue that is becoming more common with the increasing frequency of extreme rainfall events.

Under Victorian law, property owners must maintain their private stormwater systems in proper working condition. This includes gutters, downpipes, pipes, stormwater pits, and any other elements of an approved drainage system. These systems must comply with the National Construction Code, relevant Australian Standards, and Indigo Shire Council requirements.

Owners must also accept natural overland flow from neighbouring land or public reserves and must not alter the natural flow of water in a way that directs it onto adjoining properties.

Similarly, downstream property owners must not construct any barriers or embankments that interfere with the natural flow of stormwater unless it is redirected into a legal point of discharge approved by council. Natural overland flow must be accepted unless otherwise addressed through lawful drainage infrastructure.

If you are building driveways, paved areas, or other hardstand surfaces, you are required to manage stormwater on-site. These surfaces must be designed to prevent concentrated runoff that could affect neighbouring land.

Property owners are encouraged to consult with a professional or Indigo Shire Council's Infrastructure team before making significant changes to drainage or ground levels on their land.

See a list of frequently asked questions below.

What is stormwater?

Stormwater is rainwater that runs off roofs, roads, carparks, lawns, and other surfaces. It flows into council-managed underground drains or follows natural overland paths to creeks and rivers.

 

Who manages stormwater?

Council is responsible for managing stormwater infrastructure within the municipality, excluding VicTrack land and arterial roads managed by the Department of Transport and Planning.

 

 

What drainage infrastructure does Council manage?

Council maintains a range of stormwater assets including:

  • Pits, pipes, kerbs, and gutters
  • Water Sensitive Urban Design (WSUD) assets like swales, basins, wetlands, and rain gardens

Council also undertakes scheduled maintenance such as weed management and pit cleaning to prevent blockages and localised flooding.

 

What are my responsibilities as a property owner?

Property owners are responsible for maintaining private stormwater systems including:

  • Pipes, gutters, and pits
  • Drainage easements (keeping them clear of vegetation or obstructions)
  • Preventing alterations that block natural stormwater flow or redirect water onto neighbouring properties

You must also manage runoff from hardstand areas like driveways and may need a Work in Road Reserve permit if works extend into public land.

What are the legal obligations for easements?

Drainage easements are legal encumbrances that allow authorities to access land for drainage maintenance. Structures, landscaping, or fencing must not obstruct these areas. Easements can be identified via a property title search or a Dial Before You Dig enquiry.

Stormwater drainage systems must comply with:

  • National Construction Code
  • Building Code of Australia
  • AS/NZS 3500.3
  • Council requirements

 

I need to report a stormwater issue, what should I do?

When contacting Council about a stormwater concern, please include:

  • Description and location of the issue
  • Frequency and source of runoff
  • Photos or evidence of flooding
  • Whether mediation or professional advice has been sought

Please note, Council may not act if the issue relates only to surface runoff during heavy rain, as this is a natural occurrence.

 

What legal obligations are there for property owners?

Under the Victorian Water Act 1989, Council may issue notices or take enforcement action if property owners fail to comply with drainage responsibilities.

 

Are you allowed to build over a easements?

We understand the desire of property owners to build over easements to maximise usable space on private land but drainage easements play a critical role in managing stormwater and protecting property from flooding. These easements must remain accessible for inspections, maintenance, and future upgrades - particularly as extreme weather events become more frequent.

Council Consent Required

Property owners must obtain written consent from Indigo Shire Council before constructing any structure over a council-owned drainage easement. Consent helps ensure essential infrastructure remains accessible and functional, now and into the future.

Types of Permissible Structures

  • Minor Removable Structures: Small garden sheds (typically under 3m²), lightweight pergolas, and rainwater tanks (up to 2,000 litres) may be considered, provided they can be removed easily if access is required.
  • Permanent Structures: Generally not permitted due to access, maintenance, and flooding risks. This includes buildings, home extensions, and other fixed improvements.

Assessment Criteria

Each application is assessed on the basis of:

  • Proximity to existing drainage assets
  • Impacts on overland stormwater flow
  • Structural loading risks to underground pipes or pits
  • Whether the structure can be removed without damaging council infrastructure

Implied Easements

Even if a drainage easement is not formally registered on the property title, the presence of council drainage infrastructure may create an implied easement under Section 148 of the Water Act 1989. These areas are subject to the same protections and requirements.

Application Process

  1. Submission: Submit detailed plans, including location and specifications, to Council for review.
  2. Assessment: Council assesses the proposal against the Infrastructure Design Manual (IDM) and any applicable local policies.
  3. Approval: If approved, Council will issue written consent with conditions to protect drainage infrastructure and allow future access.

For advice or to lodge an application, please contact our Infrastructure or Planning team. Early consultation can help avoid costly redesigns and ensure your proposal aligns with drainage and compliance requirements.

 

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