Flooding caused by stream overflowing road

[jboanno]

What is the name of your state (only U.S. law)? Connecticut\\

There is a stream across the road from my home that over flows because the pipes under the road are not large enough to handle the water. the town developed up on the hill which we warned would make the problem worse. In the past they had paid for some of the damages and made failed attempt to resolve the issue.
However now they claim it is not their problem?
As well as the massive amount of damage suffered by that the pipes drain into our back yard and what once was a stream is now a pond due to all the silt and debris that runs off the road now it eddys and takes away more of the yard.
However the town placed a pipe in the yard behind us that leads out to the river, yet says it is not responsible to continue the pipe from our property.
I was also told by a town council person that I am not allowed to do anything with the pipe or pond because it is wet lands.
I cant stop the water from taking over my yard?!?

In addition they will not approve a permit to have a wall built in front of my property and if they do I will be responsible for any damage cause by the water I diverted.

So basically Im being told if I stop the water from coming over the road and destroying my property Ill be responsible for the damage caused by the water!
So Im supposed to allow it to destroy my home!?!

Im a 70 year old woman and I cant handle it anymore. Please help

 

[OHRoadwarrior]

What resulted in the change of conditions, that you are now experiencing these conditions, where you were not experiencing them before? If it is the change in property uphill, contact the CT Commissioner of Environmental Protection to complain. They oversee wetland regulations in CT.

CHAPTER 440* WETLANDS AND WATERCOURSES

 

[NC Aggie]

Well it definitely sounds like the roadway culvert is undersized and I'm surprised that the township isn't concerned with the roadway overtopping especially if it's happening regularly because it can eventually wash out the road. Does the town not own/maintain this particular roadway?

As far as the issues you're experiencing, is it a result of the runoff coming over the roadway or increased runoff from upstream/uphill? Would you still have these issues if the culvert was upgraded to a larger size? The reason I ask is because undersized culverts usually create issues for the roadway and upstream of the culvert (not necessarily downstream). The flooding over the roadway wouldn't necessarily divert the direction of flow. You're going to get the water regardless if it flows under the roadway or over. If development has taken place upstream and it is dumping more runoff onto your property then that would be another story but most newer developments are generally required to have measures in place to minimize the amount of increased runoff it generates that leaves the site.

 

[OHRoadwarrior]

Where it becomes complicated is the effects of water flow on the wetlands. That is why you need to contact the commissioner's office.

 

[jboanno]

Please, Please Help me.

It is a town mantained road.
The town was warned years ago if they developed on the hill top we would experience water issues.
They moved the dump across the road at the top of the hill, as well as building a huge industrial park.
the drainage is now extremley inadaquite.
In addition they paid for damages in the past, several years ago, for both the driveway and the basement, Which is finished.
Years ago the town put a pipe in the yard of the neighbor behind us and told us that our issue would be addressed next.
The pipe was never finished and supposedly the next administration sent the grant money back. So in addition to not taking care of the issue across the street they never completed the pipe so everything washes into our back yard, silt, dirt, garbage, rocks.
What was once a stream is now a pond.
Now part of our back yard is considered wet lands since all the water is dumped there the flows into the pipe which runs under our neighbors yard.
Yet our our neighbors yard is fine.
I am not allowed to clean the area so the pond now becomes filled and gets larger and larger destroying our back yard.
I was told if I build a wall in front of the house and block off the driveway I will be responsible for any damage caused by diverting the water from destroying our home.
Even though the town made failed attempts to resolve the issue by dredging the stream across the street and paid for damages sustained now they claim they have no liability?
How can the claim responsibility then claim no responsibility?
Finishing the pipe from our back yard would resolve the erriosion damage to the back yard, however we will still be flooded.
In order to correct the issue in front, from the road they would need to put larger pipes in which would involve tearing up the road, as well as our two car garage and a 20x40 built in pool.
Then there is the issue of the 2 pine trees which are probably 300ft tall or more which are now leaning due to all the water erosion caused by the flooding.
My grandson is only 5 and lives in our home and has allergies and now we've got to deal with mold.
As a 70 year old woman I am so fed up I just want to move but I cant even sell due to the issues that Ive been arguing with the town for for the last 25+ years.
Please give me some advise I am afraid to get a local attorney and dont know where to start.
I would even sell my house to the town if they dont want to fix the issue.
Knock it down and turn it into a big retaining pond. I dont care.
I bought it 50 years ago and Its been paid off for years, but its costing me more in repairs now that I paid for it.

Please point me in the right direction.

 

[jboanno]

Does anyone know the name of a good real estate attorney in the Naugatuck Valley area of Connecticut?

I cant fight this anymore myself and I've been asking around but nobody seems to know a good one in my area.

 

[HomeGuru]

Does anyone know the name of a good real estate attorney in the Naugatuck Valley area of Connecticut?

I cant fight this anymore myself and I've been asking around but nobody seems to know a good one in my area.

**A: contact your local bar association.