Depending on your landscape and intention, there are many ways to manage chronic or occasionally soggy areas in your yard. By redirecting downspouts or installing a French drain you may alleviate the situation, or you may need to install a simple drainage system that includes a yard inlet and drain pipe or a rain garden to improve the drainage. Each of these options should be carefully considered for the impacts they may have to sidewalks and/or neighboring properties. 

Yes. It is your responsibility, however, to make sure the changes do not cause substantial damage to the property rights of others. 

No. According to North Carolina General Statutes 156: Drainage it is illegal to impede the natural flow of water. However, a property owner can divert or alter its path in a reasonable manner. It is always best to work with your neighbors to find solutions to shared problems.

A French drain is used in areas that are soggy for an extended time period or where water pools. A properly installed French drain collects surface water or groundwater and moves it to a location where it can drain effectively.  

There are no requirements unless the French drain system ties into the road right-of-way. 

Work in the road right-of-way requires a Minor Encroachment Agreement with the Town.

A yard drain, French drain, and/or gutter outlet can redirect storm drainage to the street right-of-way by tying into a curb inlet box below ground. If no connection directly to a box is possible, you can use a curb outlet directly to the street in front of your property. Connections or curb outlets must be constructed according to the Town's Standard Specifications and Details.

Either of the above options require the submittal of a Minor Encroachment Agreement to the Inspections and Permits Department, along with a sketch plan for approval and permitting.  Consider that discharges to the curb may cause hazards from excessive period of wet or ice patches. Should the discharge become a hazard or nuisance, it will be required to be removed or plugged.

Maintenance is the responsibility of the owner of the pond/lake. The responsible party can be the HOA or a private property owner. Where the pond/lake is owned by the town, such as Tryon Lake, Symphony Lake, or Carpenter Park Lake, Cary is responsible for addressing state-required maintenance practices.

Ponds are typically installed by the builder as a stormwater control measure to improve stormwater runoff quality, so your Homeowner’s Association (HOA) is responsible for maintaining it according to its operations and maintenance manual. To determine whether it is a stormwater control measure, contact your HOA or call the Town’s Stormwater Program Analyst through 311 within town or (919) 469-4000 outside town limits to review pond records or schedule an inspection. 

Some ponds and lakes are constructed as stormwater control measures to manage runoff. Ponds and lakes that were required as part of development must follow state regulations regarding maintenance requirements and schedules. Amenity ponds, water features that were not installed for water quality or flood control compliance, also need to be maintained throughout their lifespan. Maintenance needs include:

• Keeping the dam clear of woody vegetation
• Clearing debris from outlet structures
• Addressing erosion and/or seepage on the inside and outside face of the dam
• Addressing erosion along the shoreline
• Managing sediment accumulation in the pond
• Managing invasive vegetation on or in the pond
• Managing nuisance wildlife

Some maintenance tasks can be monitored and addressed on an as-needed basis, and others should be managed on a scheduled regimen. 

Ponds and lakes are considered waters of the US, and though privately owned, are subject to local, state, and federal regulations. When making improvements to waterfront properties, owners have a responsibility to ensure riparian buffer and/or floodplain regulations are upheld and maintained. 

Examples of improvements that may require permits, authorizations, or consultation with town staff, state, or federal agencies include: 

• Grading, landscaping, or any land-disturbing activity
• Building additions
• Adding patios, pools, and the like
• Constructing bulkheads
• Stabilizing banks
• Removing existing vegetation 

Any work done on your property must ensure that sediment does not enter the lake or leave your property. 

Prior to implementing projects, consult Cary staff for guidance.

Maybe. Before construction starts, please contact the staff by calling 311 within Town or (919) 469-4000 outside town limits to help determine if there are local, state or federal regulations that must be considered when working in streams.

No. However, we will conduct a site visit upon request and provide technical guidance. In the rare event that the flood causes damage to your house, you may be eligible for additional support.  

If your streambank is edged with a natural buffer such as trees or shrubs, keep them in place. Do not cut back on the vegetative area or mow grass right up to the streambank. Receive guidance, get other ideas for reinforcing streambanks or find out if your project is eligible for a North Carolina Division of Soil and Water Conservation cost share program.

Determine the source of the water. Is the water from stormwater runoff, a spring, or a high water table? Your solution will depend on the water source. Solutions may include installing a French drain or establishing a rain garden or wet-loving plants to absorb the water. 

Yes. As long as the water is dechlorinated or desalinated, it is legal for you to discharge it onto your yard or into a nearby stream. Consider the impact the volume of water may have on neighboring properties.

No. These actions violate the Town’s illegal discharge ordinance/NPDES Permits. Only rain and other allowable stormwater discharges may enter a storm drain or creek. If you see or suspect an illegal discharge, report it online or call 311 within Town or (919) 469-4000 outside town limits.

The Town of Cary does not regulate lot drainage beyond building codes.