What is a Drainage Protection Review?

House Bill 25 became law in the fall of 2003, giving counties with building regulations the authority to require drainage site reviews on large lot (5 acres or more) building sites.  Delaware County began the implementation of this law in April 2005.  The law was designed to head off future drainage problems for the homeowner and adjacent landowners that might result from the building process.  This review process does not apply to any property that has been approved by the county platting authority (Regional Planning) under section 711.05, 711.09, 711.10, or 711.131 of the Ohio Revised Code.  In other words, platted subdivision lots and “no-plat” subdivision lots presently reviewed through that process will be exempt from these regulations.

For the owner of a lot 5 acres or larger, this means that no building permit application will be accepted and no building permit issued until a review of the specific effects of the proposed new construction on existing surface and subsurface drainage has been completed by the Board of Delaware County Commissioners (and/or anyone they appoint for the purpose of conducting such reviews).

Specifically, the Delaware SWCD has been appointed by the Delaware County Commissioners to conduct the inspections required for these reviews and to make evaluations about what, if any, alterations are necessary to prevent or correct any adverse effects that a proposed new construction may have on existing surface or subsurface drainage.

The Drainage Protection Review process must be initiated prior to the building permit application process.  Once the application is made, the Delaware SWCD will schedule an on-site visit at which the attendance builder and/or landowner is requested.  SWCD employees handle the field inspections and paperwork and make every effort to conduct these site evaluations in a timely fashion (generally within ten working days).  Effective October 1, 2015, the fee structure is $125 for the site visit/report, and an additional $100 inspection fee only for those sites requiring inspection, mitigation, or alterations of the existing drainage system during the building process.  A $100 reinspection fee charge will be levied for repeated inspections for a mitigation or alteration practice due to the failure of an installer to complete the practice satisfactorily.  Fees will be paid to the Delaware County Code Compliance office, along with building permit fees.


Download Culvert/Driveway Mitigation Guidance & Information (PDF).


Who is required to have a Drainage Protection Review?

A Drainage Protection Review is required for any construction that needs a building permit on a lot of 5 acres or larger.


Do I need a Drainage Protection Review before applying for a building permit?

Yes, the Drainage Protection Review process must be completed BEFORE applying for a building permit.


I am building on to my existing house. Do I need to go through this process?

Additions that cause the footprint of the structure to change, or require excavation need to go through this process.


How long does the process take?

State law requires the process to start no sooner than 7 days, and work completed no later than 30 days from receipt of the application.  Delaware County Drainage Protection Reviews take an average of 7-10 days from receipt of the application.


How do I apply?

The applicant must visit the Delaware SWCD office to complete the forms.  At that time, an appointment is arranged for 7 or more days from the date the application is received.  A meeting confirmation notice will then be mailed which should be received within 3-5 days of the application date.  When filling out the application, it is necessary to bring contact information (Name, Mailing Address, Phone Numbers) and Site Information (Site Address, Parcel Identification Number).  It is also suggested that a site plan/sketch is provided so that the locations of buildings, driveways, etc. can be reviewed before the appointment.