This causes water to back up onto an upstream owner. As a result, the upstream owner's land is made less usable. Typically, these problems are discovered in the plan review process. However, if the disturbed area is less than one acre, a plan is not required and consequently, no review takes place. The downstream owner cannot prohibit or restrict flow without violating the development ordinance.
Damage resulting from grading remains a private civil matter between the two parties.
A developer installs a street as part of a development. A culvert with inadequate capacity is installed where the street crosses a stream. As a result, land upstream is flooded during moderate rainfall. The culvert had adequate capacity initially as the watershed is rural and has low runoff-producing capabilities. However, as the watershed is developed, particularly with commercial and industrial property, peak flows increase.