The important step in these instances is to insure that

Addressing Drainage you have taken precautions to protect your home. You
Problems Around Your Home may never totally eliminate the potential for flooding,
but you can reduce flood damage.

Do trees, shrubs and plants grow poorly?

About 20% of the land in the United States is affected
This nuisance can often be overcome with various
by excess water that can damage homes and property.
inexpensive measures such as soil modification,
The good news is that there are signs a homeowner can
relocating the plants, or selecting different plant
look for, situations to avoid, and solutions that reduce
material.
drainage problems. If you are faced with a drainage
problem, you should first identify which problem you
have . . .
A Review of Illinois Drainage Law

The basic principle of the law of natural drainage is that

Is your basement wet?
landowners take whatever advantages or inconveniences
This is the most serious drainage problem, but there is
of drainage nature places upon their land. One of the
action you can take to remedy the situation:
most important principles of Illinois drainage law is that
the owners of lower ground are bound to receive
• First, investigate the problem by checking your
gutters and downspouts. Downspout water should surface water that naturally flows onto it from higher
be directed away from your house and must be free ground. The following diagram illustrates this principle.
of leaves and debris.

• Second, grade the ground adjacent to the

foundation walls so that it directs water away
from the house.

If these solutions are in place but you still have a wet

basement or a sump pump that never stops running, you
may have a more complex problem. The Public Works
Department offers a free home inspection program.
Water/Sewer personnel will visit your residence and
offer additional suggestions to remedy identified
problem areas. If you are interested in a home
inspection, please contact the Water/Sewer Department, Where the natural flow is from one tract across another
at 810-4650 to schedule an appointment. tract, the higher land is the dominant tenement, and the
lower land is the servient tenement. Owners of
If controlling surface water does not help, the problem dominant tenements have legal rights to have water
may be below the surface - a high water table, spring or drain off their lands. Owners of servient tenements
seeps, or an abandoned subsurface agricultural tile that have the duty of not obstructing the natural flow.
is draining water from other areas and directing it to
your foundation. This dilemma can be dealt with by A landowner has no right to obstruct the flow of surface
redirecting the water to new subsurface drains. water. Under Illinois law, the owner of lower land
ordinarily has no right to build a dam, levee, or other
Does your yard flood or pond at times? artificial structure that will interfere with the drainage
There are many instances where yards are “designed”
of higher land. In fact, the willful and intentional
to carry the storm water runoff overland (naturally or interference by an owner of lower land is considered a
by manmade swales) toward a nearby stream or creek. petty offense and is punishable by a fine. This is in
Also, if your home is in a floodplain, it is at risk for
addition to private lawsuits that the owners of affected
flooding if the stream overflows during heavy or properties may file.
prolonged rainfall or rapid snowmelt.
Under Illinois law, private landowners have certain facilities, Illinois law limits the liability of govern-
rights to improve the drainage on their land. mental bodies for flooding damages. An exception
Landowners can: exists when there is a known defect in the facilities and
the agency’s failure to correct the defect is a direct
• Widen, deepen and clean natural depressions that cause of flooding damage. Storm water facilities that
carry their surface water. are merely undersized are not defective.
• Straighten out channels on their own property and
accelerate the movement of surface water so long What Causes Drainage Problems?
as they do not change the natural point of entry or The soil we rely on as a foundation for our homes and
unreasonably increase the flow of water onto lower property is a complex natural system. When left alone,
land. the deep, rich prairie soils of Illinois can effectively
• Drain ponds or standing water in the direction of handle normal and excessive amounts of water. But
their overflow. when the natural soil structure is disturbed and a high
• Tile their property to expedite the flow of water so percentage of the soil surface that once absorbed water
long as they do not unreasonably increase the is covered with impervious surfaces and the
flow, change the point of entry on lower land, bring surrounding landscape is severely altered, then the
water from another watershed, or connect their tile natural environment cannot cope on its own. In some
to the tile of other owners without consent.
newer subdivisions, all of the topsoil and part of the
• Expedite the flow of surface waters through natural
subsoil material is removed during construction. Only a
lines of drainage by either open or closed drains
thin layer of topsoil is returned to the site—just enough
into a watercourse or stream.
to support the shallow root system of your lawn.
Because of the effect on surrounding lands, landowners
must not: These sites usually have severe problems with soil
droughtiness and surface runoff. The topsoil is too
• Dam or obstruct a natural channel so that the escape thin to hold adequate amounts of water and the subsoil
of surface water from higher land is retarded or the has been so densely compacted that it cannot allow
channel is shifted. excess water to infiltrate into it. You can overcome
• Divert water to lands that do not naturally receive these common limitations and restore the health and
this drainage. functionality of soil resources on your property by: a)
• Change the point of entry of surface water on lower adding more topsoil, b) aerating and composting the
land. soil, and c) using deep-rooted, drought-resistant grasses
• Bring in water from another watershed that would and plants.
not have flowed across lower land in a state of
nature. The Seasonal High Water Table
• Pollute any waters that pass from their land through A water table can be defined as the upper surface of
the property of others – whether surface or ground water or the level below which the soil is
underground water, streams or diffused waters. saturated with water. This level may fluctuate by
• Connect their own tile with another owner’s tile several feet throughout the year, depending on soil
lines or with roadway tile lines without consent. conditions, landscape, or weather. In lawn areas
• Accelerate the flow of water unreasonably, or with affected by a high water table, a small excavated pond,
malicious intent, to the material damage of lower a wetland garden, or collection of water-loving plants
land owned by others, even though the flow is may be a suitable remedy. Transform the nuisance wet
accelerated through natural channels. area into an attractive landscaping feature. Provisions of
the federal Clean Water Act or state and local laws may
The City and other public agencies have constructed apply to persons who propose to alter any wetlands or
storm water facilities that are designed to expedite the to dredge, dig, or fill in wetland or floodplain areas. For
drainage of storm water, but not to eliminate all clarification or information, contact the Engineering
flooding. To encourage public agencies to build these Section (810-3554) prior to any earthmoving activities.
Surface Ponding
If a significant amount of surface water ponds on your
lawn or driveway for long periods, install small
diversions or swales to channel off the water. In
developed residential areas, these practices are usually
installed near property lines in back of or alongside
houses. Before doing so, however, contact the
Engineering Section (810-3554). City personnel can
review your plans so you can better avoid
impermissible diversions of storm water.

For low flows of surface water, redirect water to

landscaped yard areas with thirsty trees and shrubs. Be
sure not to direct water onto someone else’s property!
If only small amounts of surface ponding occur for
short periods, drains may not be needed. Consider
solving the problem by planting the area with water-
loving native grasses or trees.

Even in upland areas, a continually wet basement or

flooding can occur if the house is built in the path of a
natural drainageway, in a depressed area, or if the site is Springs and Seeps
lower than the surrounding area. A drainageway or low On many sites, natural springs and seeps occur due to
area may look fine in dry seasons, but it can carry existing geology and landscape characteristics. Water
runoff water in wet seasons. In developed areas where may flow seasonally, throughout the year, or may flow
the landscape has been greatly modified, runoff has into or around homes constructed over or near a spring
increased and natural drainageways are often blocked or seep. For protection, install subsurface drains at least
or altered. If man-made drainageways or storm sewers four inches in diameter surrounded by 6-12 inches of
are not built to carry this additional seasonal water gravel or sand. Place gravel along the outside of the
flow, nearby homes may flood or experience surface base of the foundation wall. Be sure to install an
ponding. Runoff from areas as small as one acre can adequate gravity or pump outlet for the drain tile. This
cause flooding. Measures to remedy this kind of subsurface drain can divert seep or spring waters before
nuisance usually require the cooperation of several they reach the structure.
homeowners.
Springs and seeps also affect lawn areas. You can
Grade the yard so that surface water drains away from install subsurface drains to collect groundwater and
the house. A minimum grade of one foot in 100 feet is divert it. Typically, subsurface drains are made of
generally adequate. When filling in low areas, use the plastic but older drain tile may be made of clay,
most permeable soil available. Save the topsoil and concrete, or metal. Drain tiles work for years with very
spread it over the newly filled and graded areas to help little care. Some old clay farm tiles have been working
establish vegetation. To reduce soil compaction, limit for over 80 years. Caring for the tile on your own lot is
construction traffic or use track equipment whenever your responsibility. Many community groups, such as
possible on the lawn. Be sure to contact the Engineering homeowners’ associations, maintain tile drains. Be sure
Section (810-3554) for drainage regulations prior to to contact the Engineering Section (810-3554) for
beginning any grading work. approved materials and permit requirements prior to
completing any work.
Installing roof gutter and downspouts to control roof
water may prevent ponding in low yard areas. Down- Slow Soil Permeability
spouts can empty into outlet spreaders that discharge If the soil has a dense layer, especially a layer of clay or
water in a thin layer over a grassy area. a severely compacted layer, water flow through the soil
may be restricted and cause ponding. If this layer is
near the surface, use a soil aerator of deep-rooted native
grass to increase infiltration and reduce surface ponding.
Most lawn grasses have short root systems that only
venture down a few inches. These shallow root systems
dry out quickly and must be watered often. Native grass
species with much deeper root systems thrive in dry
weather and offer avenues for excess water to infiltrate
deep into the soil rather than into your basement! For
larger wet areas, install subsurface drains about four
inches in diameter at a depth of two to five feet. Use sand
and gravel to backfill the drain trench to within one foot
of the ground surface. Use topsoil to fill the surface layer.

Be sure to contact the Engineering Section (810-3554)

for approved materials and other drainage regulations
prior to beginning any work. Restrict foot traffic during Remember to call:
wet periods because even on well-drained soils, this
can compact the soil and reduce permeability. Engineering Section 810-3554
• for drainage regulations prior to beginning any
Improving Surface Water Quality grading work
All water runoff eventually ends up in the rivers or • for approved materials and permit requirements
lakes. The route the water takes determines the quality • prior to installing a swale to divert water or any
of the rivers and lakes. One route for water flow is earthmoving activity
through seepage into the ground and then to surface
waters. This route cleans and purifies the runoff Water /Sewer Department 810-4650
naturally. Water also travels a more direct route by • for a free home inspection to help identify problem
storm water drains or sewers. If water goes through the areas and receive helpful suggestions
storm water drains, it does not receive any treatment. If
liquid or debris goes down the storm water drain with
the water, then it also goes directly to the surface water.

Getting Started
In most cases, the private property owner is responsible
for maintaining the portion of the drainage system that
is located on their property and solving localized
drainage problems on their private property. There are
many ways you can improve drainage on your property.
Some approaches are simple and inexpensive while
others are more complex and costly. If you plan to
contract out the work, be sure to get more than one
estimate and carefully evaluate different alternatives.
Be sure to contact the Engineering Section (810-3554)
for approved materials and other drainage regulations
prior to beginning any work.