Stop Building in Our Watershed -please sign! but, no donation please-

Stop Building in Our Watershed -please sign! but, no donation please-

0 have signed. Let’s get to 200!
At 200 signatures, this petition is more likely to be featured in recommendations!
Tammy Bean-Fultz started this petition to Howard County MD Department of Planning and Zoning and

In 2011 top down flooding became the new normal for Main Street Ellicott City and it's surrounding areas. Lives have been lost, people displaced, businesses forced to leave. Building within the Tiber-Hudson and Plumbtree Watersheds continues. Alternative Compliance Waivers continue to be handed out, developers continue to do as they please. This must stop if we are going to save not only lives, but homes and businesses, a small mill town older than the United States. We must stand up against this abuse. We have passed the tipping point of new and infill development within our watersheds. Ellicott City has stood strong against floods and fires in her past, she cannot stand strong against man without your help.It is time to hold the county as well as developers responsible!

WATERSHED PROTECTION AND FLOOD PREVENTION ACT

Sec. 1001.

Declaration of policy Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of the United States, causing loss of life and damage to property, constitute a menace to the national welfare; and it is the sense of Congress that the Federal Government should cooperate with States and their political subdivisions, soil or water conservation districts, flood prevention or control districts, and other local public agencies for the purpose of preventing such damages, of furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land and thereby of preserving, protecting, and improving the Nation's land and water resources and the quality of the environment.

The reasonableness of use test has resulted in Maryland courts finding higher elevation landowners to be in the wrong for:

(1) increasing the quantity or volume of water discharged onto the lower land;

(2) discharging water in an artificial channel or in a different manner than the usual and ordinary natural course of drainage;

(3) putting water on the lower land which would not have flowed there if the natural drainage conditions had not been disturbed;

(4) causing dirt, debris, and pollutants to be discharged onto the lower land; or

(5) otherwise creating a health hazard.

What legal claims can a lower elevated landowner bring in a civil lawsuit against a higher elevated landowner who has done any of the above? The claims include trespass, nuisance, and/or negligence to stop the harmful drainage, and to get financial damages to compensate for any injury to property. Although the flow of water might not be what comes to mind when the legal concept trespass is used, a civil trespass occurs when a person interferes with another’s interest in property by entering or causing something to enter the land. Therefore, by changing the flow of surface water and causing the water to drain onto another person’s property, the person who changed the flow has interfered with his neighbor’s interest in that property and caused a trespass to occur.

0 have signed. Let’s get to 200!
At 200 signatures, this petition is more likely to be featured in recommendations!