Buckinghamshire Council Culvert Policy

Last updated: 20 June 2022

3. Legal requirements

Consent in writing is required for Ordinary Watercourse land drainage consent from the Lead Local Flood Authority under Section 23 of the Land Drainage Act 1991 for the following works:

a) erect any mill dam, weir or other like obstruction to the flow of any Ordinary Watercourse or raise or otherwise alter any such obstruction; or

b) erect a culvert in an Ordinary Watercourse, or

c) alter a culvert in a manner that would be likely to affect the flow of an Ordinary Watercourse

If any of the above works are carried out without consent, we have the power to serve notice on the person who carried out the work or the person having ability to remove the obstruction. If the notice is not complied with, then the LLFA may commence enforcement proceedings, including prosecution, against the relevant person or body. For more information on our enforcement process, please see our Enforcement Policy. [LINK TO POLICY]

For works affecting Main Rivers the prior written consent of the Environment Agency is required under Section 106 of the Water Resources Act 1991 and under Environment Agency byelaws.

An area of the north of the county comes under the authority of The Buckingham and River Ouzel Internal Drainage Board, works affecting watercourse in this area will require land drainage consent from them. They also have byelaws which will need to be adhered to.

Our website has a useful map which identifies the organisation consent is required from within Buckinghamshire.