Residential Properties and Drainage Easements

Types of Easements

There are 2 main types of easements that could affect residential properties:

1. Sewer Easements – Visit Raleigh Water's Sanitary Sewer Easement page for more information.
2. Drainage Easements – Drainage easements are stormwater related easements that allow for surface flow of water and/or protect underground and above ground stormwater infrastructure.

Drainage Easements

Most drainage easements that affect residential properties are “Private Drainage Easements” and are not maintained by the City of Raleigh. The maintenance of these easement are the responsibility of the private property owner, subdivision HOA or other governing body, or other entity established in legal documents recorded with the Wake County deeds office.

Another type of drainage easement is “Public Drainage Easements” or “Permanent Drainage Easements”. These easements are maintained by the City of Raleigh. Visit the Permanent Drainage Easements website for more information.

What is Allowed in a Private Drainage Easement?

Per City Code, “fences and walls” are prohibited within drainage easements. Walls include retaining walls and also structural or building walls. This regulation will limit temporary and permanent vertical structures proposed within drainage easements, but does allow for some ground level hardscapes be proposed within a drainage easement (ie driveways, sidewalks, patio, etc.).  Fences are restricted within drainage easements, but can be approved within the drainage easement with approval from the Engineering Services Director via a Design Exception Application or if it is shown on during the application process to meet the following design criteria:

• Fence limits the number of crossings and crosses the easement perpendicularly where possible.
• Post locations are shown on proposed plot plan/survey and posts are not located on top of any stormwater infrastructure within the easement.
• If fence is parallel to stormwater infrastructure within the easement, the fence must be a minimum of 5ft or a 1:1 ratio away from the infrastructure whichever is greater (ie. storm pipe within the easement is 7ft deep, fence must be located 7ft away from pipe where proposed parallel).

For more information on residential fences, visit the Residential Fences website.