Building on top of city sewer line - PeachParts Mercedes-Benz Forum

MTI · #1 10-17-2008, 06:16 PM

Generally I think the sewer line is just a "right of way" easement for the city. Without a specific code or limitation, there's probably no bar to building over it, which would be at the landowner's risk.

Brian Carlton · #2 10-17-2008, 06:17 PM

Quote:

Originally Posted by MTI

Generally I think the sewer line is just a "right of way" easement for the city. Without a specific code or limitation, there's probably no bar to building over it, which would be at the landowner's risk.

I'm doubtful he could do it legally with a building permit...........if the municipality was on the game.

my83300cd · #3 10-17-2008, 07:37 PM

It depends on how the records were kept. Did the city put the sewer in, or was the area built up by a developer back in the day? Got to town hall and look up the deed- its public record. Buildings in NY are over train tracks and subways, so a sewer should be pretty simple.

I designed an addition to a house that is over a storm drain runnoff from a state highway. The state has no record of the storm drain grate, and the grate connects to old field drains for the farm that used to be across the street. As far as the state was concerned, their responsibility ended at the limit of the right of way for the highway...

The design however has foundation walls at each end and nothing in the center- like a bridge- so that if/when repairs have to be made, you can trench away to fix the drain.

t walgamuth · #4 10-17-2008, 11:23 PM

Quote:

Originally Posted by my83300cd

It depends on how the records were kept. Did the city put the sewer in, or was the area built up by a developer back in the day? Got to town hall and look up the deed- its public record. Buildings in NY are over train tracks and subways, so a sewer should be pretty simple.

I designed an addition to a house that is over a storm drain runnoff from a state highway. The state has no record of the storm drain grate, and the grate connects to old field drains for the farm that used to be across the street. As far as the state was concerned, their responsibility ended at the limit of the right of way for the highway...

The design however has foundation walls at each end and nothing in the center- like a bridge- so that if/when repairs have to be made, you can trench away to fix the drain.

It seems like building over a storm drain would be asking for trouble.

t walgamuth · #5 10-17-2008, 11:27 PM

Quote:

Originally Posted by my83300cd

It depends on how the records were kept. Did the city put the sewer in, or was the area built up by a developer back in the day? Got to town hall and look up the deed- its public record. Buildings in NY are over train tracks and subways, so a sewer should be pretty simple.

I designed an addition to a house that is over a storm drain runnoff from a state highway. The state has no record of the storm drain grate, and the grate connects to old field drains for the farm that used to be across the street. As far as the state was concerned, their responsibility ended at the limit of the right of way for the highway...

The design however has foundation walls at each end and nothing in the center- like a bridge- so that if/when repairs have to be made, you can trench away to fix the drain.

Building over the sewer is not a big problem, but if the sewer springs a leak its a problem for the building. Fixing a sewer without digging it up is only possible in special circumstances and Its probably more expensive than digging it up.

dynalow · #6 10-18-2008, 06:33 AM

Posts 2,4 and 6: Good advice. Probably the law in your town is the same.
Would not be allowed in my town, or probably in the entire state.

No electric or gas company would let you build over their lines. Municipal or county govt's. almost certainly would prevent it as well. If the code official can't help, contact the sewer utility and ask them where the LEGAL lines run in your neighborhood. People have been know to illegally tap into sewer lines!
My $.02

kerry · #7 10-20-2008, 03:13 PM

Thanks for all the input. Called the building department today and eventually was directed to Waste Water Management. They confirmed that you can't build over a city sewer line and checked for the location of the line behind our houses. It was where I thought it was, directly under where he planned to put his garage and cut off my access to my backyard (under which the line also runs). This will probably make my negotiations with him about access to my backyard a little smoother since it won't be me directly stopping him from building the garage.

dynalow · #8 10-20-2008, 03:24 PM

Quote:

Originally Posted by kerry

Thanks for all the input. Called the building department today and eventually was directed to Waste Water Management. They confirmed that you can't build over a city sewer line and checked for the location of the line behind our houses. It was where I thought it was, directly under where he planned to put his garage and cut off my access to my backyard (under which the line also runs). This will probably make my negotiations with him about access to my backyard a little smoother since it won't be me directly stopping him from building the garage.

Operative word: "directly"

JollyRoger · #9 05-12-2010, 10:01 AM

Quote:

Originally Posted by kerry

Variances to the building codes need to be publicly posted with a hearing where objections can be made, In this case, I don't think zoning would even allow a possible variance since building on top of city sewer lines is simply forbidden. It's a mistake. I don't know what would happen if the guy started construction today. In addition to the city approval, I live in an Historic District and the permit had gone thru the process and been approved by the Landmark Commission. Changes to the permit wont be a simple thing because I'm pretty sure it will have to go thru the Landmark Commission again. It's a royal ****-up.

I dunno, an temporary injunction might not be that hard to get if you can show the judge there is an obvious violation of the law, that's one quick trip to the courthouse. Once you have that, it would give you some negotiating chops.

dynalow · #10 05-12-2010, 01:00 PM

Quote:

Originally Posted by JollyRoger

I dunno, an temporary injunction might not be that hard to get if you can show the judge there is an obvious violation of the law, that's one quick trip to the courthouse. Once you have that, it would give you some negotiating chops.

This might work. I would also suggest you call the town/city solicitor and ask him what to do. City's paying him.

This might be a snafu case, or as someone suggested, a back door deal.

I had to steer thru a particulary long and ugly homeowner battle on my zoning board. Guy went to the construction office to take out a building permit to rebuild his bayfront house. The process broke down when the construction office failed to forward the application to the zoning office for review. He also ran a business on the site. Dual use not permitted. Guy geta a building permit without the zoning permit, builds the new and much larger house, & improves and expands his business building.
Neighbor goes ballistic, sues, case drags on to the zoning board for many months as we hear the entire history of the property. Discovered was the fact that the owner knew he needed a zoning permit and was told that twice in letters by his architect and once by his lawyer. This ended up in Superior Court, but the homeowners clearly flaunted the law, and lied thru their teeth to the board.