What are my rights as a riparian owner?
- You have the right to protect your property from flooding, and your land from erosion. However, you should consult and agree with your Local Authority the most suitable course of action prior to undertaking any maintenance works.
- While you may have the right to fish in your watercourse using a legal method, it is important to consult with your local Inland Fisheries Ireland (IFI) office to check what your rights are and if a fishing licence is required.
- Water should flow onto or under your land in its natural quantity and quality. This means that water should not be taken out of a watercourse if it could lead to a lack of water downstream. It also means that a person cannot carry out activities that could lead to pollution of the water and therefore reduce the natural water quality within a watercourse.
What are my responsibilities as a riparian owner?
Your responsibilities as a riparian owner include;
- Passing on water flow without obstruction, pollution or diversion affecting the rights of others.
- Managing the channel for the purposes of flood risk and having due regard for the needs of wildlife and giving space for nature.
- Maintaining the bed and banks of the watercourse (including trees and shrubs growing on the banks), taking appropriate steps to prevent erosion of the banks, clearing any debris, including litter whether or not it originated from your land.
- Protecting waters against pollution from agricultural sources.
- Maintaining free passage for fish.
- Keeping clear any structures that you own such as culverts and weirs.
- Not building new structures that encroach on the watercourse or alter the flow of water.
Do I need planning permission to carry out works on a watercourse?
Works on a watercourse, even if relatively minor, may require planning permission. Therefore, you should consult your local authority prior to commencing any works. The Planning Department of your Local Authority can advise you if planning permission and/or environmental assessment is required in a particular case. It should be noted that planning permission is required for the drainage or reclamation of wetlands in excess of 0.1 hectares. More information on farming and wetlands can be found in the Teagasc Wetlands Leaflet.
Are there other permissions or consents required?
There are a range of other permissions and consents that may be required depending on the location and the type of works proposed. For example, the consent of the Minister for Agriculture, Food and the Marine is required for land drainage works on lands used for agriculture that exceed 15 hectares. In addition, drainage works on lands where the activity may have a significant effect on a European site (Special Area of Conservation or Special Protection Areas), or a Natural Heritage Area (irrespective of the size of area affected) may require consent. You can view National Parks & Wildlife Service (NPWS) designated areas on their NPWS Designations Viewer.
You should contact your local NPWS Conservation Ranger for advice in this regard before carrying out any works, contact details can be found on the NPWS Contact Us page.
Do I need consent to construct or to carry out works to a bridge, culvert or a weir on my land?
The consent of the OPW is required to carry out construction/alteration works on bridges and culverts. A guide has been produced by the OPW to assist those applying for consent to construct, replace or alter a bridge or culvert. This guide and more information is available on the OPW’s Section 50 Consent Information Page. A person planning to erect or alter a weir must first get consent from the OPW or all affected landowners. The OPW may grant consent only where the applicant meets stringent requirements.