Drainage Easements

Drainage easements are a vital part of the City of Austin’s ability to manage stormwater, prevent flooding, and protect public infrastructure. If your property or a neighboring one—has a drainage easement dedicated to the City, it’s important to understand what that means, what activity can or cannot be done in the easement area, and who is responsible for maintenance in the drainage easement area.

What is a Drainage Easement?

Drainage easements allow us to access and use a portion of private property for the purposes of managing stormwater runoff and reducing flood risk. Drainage easements generally allow us to maintain stormwater infrastructure, such as ponds, pipes or ditches, which help control the flow of water and prevent flooding. It is important that the easement area is wide enough to allow our equipment to access the area to maintain any constructed infrastructure and to provide a sufficient space for water to flow.

Even though the easement area is still private property, we have the legal authority to access the easement area to inspect, maintain, or improve drainage infrastructure that may be in the area.

What Can and Can’t I Do in a Drainage Easement?

In general, permanent structures are not allowed in drainage easements. This includes buildings, sheds, fences, pools, etc. Additionally, you should avoid planting trees or intensive landscaping in these areas that could block the flow of water or limit the City’s ability to maintain the drainage infrastructure.

Some easements, depending on the specific terms in the easement document, do allow for limited improvements within the easement area. For your specific property, you should carefully review your property, plat, and deed records.

If your drainage easement does not specifically allow for improvements within the easement area, you may need to request a license agreement to place or construct anything within these areas. For more information, please visit the City’s webpage regarding license agreements.

Who Maintains the Drainage Easement?

Property owners are typically responsible for basic maintenance of the surface of the drainage easement area, including but not limited to:

Mowing and tree trimming,
Keeping the area free of debris, and
Ensuring no obstructions block the natural or designed flow of water.

Property owners must dispose of tree limbs and trash properly. Dumping yard waste within the easement area is prohibited because it may block the flow of water or catch debris.

In some cases, the private property owner is responsible for inspecting, maintaining, or making any necessary upgrades and repairs to drainage infrastructure on their property. The maintenance responsibilities for these drainage systems are generally specified in the easement document. For your specific property, you should carefully review your property, plat, and deed records.

Links to Austin Land Development Code