Water, flooding and sustainable drainage consultation

News article

Call for views on proposals for updated water, flooding and drainage legislation to help tackle climate change

The Department for Infrastructure (DfI) has launched a public consultation on a number of revisions and improvements to legislation in relation to water, flooding and drainage to help tackle the climate emergency.

Climate change has contributed to an increased likelihood of warmer drier summers, milder wetter winters and an increased frequency of impactful storms. This poses new challenges for how we all manage, use, and treat the precious water resources we all share.

The wider use of sustainable drainage systems (SuDS), the ability to store storm water in green / open areas during heavy rainfall, and enabling NI Water to adopt and maintain some privately owned drainage infrastructure constructed pre-1973 are all being considered.

There are nine policy proposals included within the consultation:

  • powers for NI Water to implement wider water shortage measures
  • powers for NI Water to enter onto private land to carry out works, for flood risk management purposes including construction of SuDS
  • provision of an enabling power for DfI to introduce arrangements to encourage developers to use SuDS as the preferred drainage solution in new developments
  • powers for NI Water to adopt certain drainage infrastructure, which is in private ownership and was constructed prior to 1st October 1973
  • enhanced powers for NI Water to deal with drain and sewer misconnections
  • powers for NI Water to register Article 161 Agreements in the Statutory Charges Register
  • powers for DfI to grant fund Homeowner Flood Protection measures
  • powers to provide for easements and additional compensation arrangements for affected landowners to facilitate flood storage
  • technical amendments to enable future amendment of subordinate legislation - powers for DfI to amend, update or revoke the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 and the Water Environment (Floods Directive) Regulations (Northern Ireland) 2009

Find more information on the consultation and how to respond.

The consultation will close at 17:00 on 3 June 2022.


First published 14 March 2022