Elevating Land 2

[dynamics5]

Supporse there are 4 homes at bottom of some slopes, 2 X 2 with backyards abuttin. If one owner wants to elevate his property 2 feet higher than the other 3 properties, would it be allowed (ie, get permits) as long as there are drainage systems installed that prevent. cross lot drainage, or would it not be permitted?

 

[beej67]

Hate to be a crab about it, but it depends on a lot of stuff that's not covered in your post, that's all highly regional in nature.

For instance, lets say you're in south Florida, where the entire state is in floodplain. You're obligated to hold and store your fair share of the water when the 100 year hurricane comes along, so elevating your land 2 feet would shed 2 more feet of water onto your neighbors. So no dice there. Other places have equally strange rules due to their local constraints.

First three places to check are your HOA / subdivision covenants, the municipal engineer, and your neighbors.

Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[MiketheEngineer]

As noted - local jurisdiction or DNR will require certain specs.

You start "dumping" water on your neighbors - you are inviting a BIG lawsuit!!

 

[dynamics5]

The homes are at the foothill of slopes (2 to 1 ratio). HOA covenants does not allow for change in drainage pattern or flow. If owner who elevates his back yard installs drain around yard to prevent cross lot drainage, would it be ok?

 

[beej67]

Possibly yes, but probably not. We can't answer that question without a topographic survey and a proposed design, as well as a regional basin delineation of the drainage coming to the lots, both in extents and ground cover. Also, you'd need to check the final plat for DEs, possibly reference the old subdivision design, etc. Effectively, you need an engineer to actually engineer it, not just ask for a thumbs up on a web forum. Again, hate to be the crabby one, but that's about the size of it.



Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[cvg]

wouldn't the perimeter drain change the drainage pattern and flow? Thus it would not comply with HOA CC&R's and they should not approve it without an engineers report stating otherwise. In addition, the HOA is not in the position to issue a grading and drainage permit, so the county or city would need to approve it and they will requre the same engineers report. Step 1 - call the city / county and ask to speak to somebody about how to obtain a grading permit.

 

[brandonbw]

I would think raising a pad like that would cause some other issues. Has the Architect gone through all of their process to get to this point?

You aren't supposed to change the drainage pattern, so there are ways to design this without eroding the neighbors lots, or like some cities we work with, they might want the drainage pattern made better for the existing/proposed streets.

This is not something that can be answered on a forum. And the grading concept would have to be run through the City Engineer.

B+W Engineering and Design
Los Angeles Civil Engineer and Structural Engineer

http://bwengr.com

 

[civilman72]

Let me play "devil's advocate" here (or in other words, think like an attorney). By constructing a home on any lot you will be changing the drainage pattern (at least within the lot itself) and will be increasing quantity of flow to other properties (but probably not significantly enough to actually quantify). So having a covenant that simply states you "cannot change drainage pattern and flow" is a flawed requirement because it is intuitively impossible to meet.

We all know that raising the elevation of the building above the existing ground is generally accepted as good engineering practice. So is raising the building 3" acceptable, but 2' is not? How does the HOA covenants define "change?" Is it based on historic flows and is this "change" calculated/determined at all four property lines?

I would argue that the property can be raised 'x'-feet internally within the lot, so long as it does not quantifiably change historic flow patterns to adjacent properties.