TAMRMS#: B06
10.2
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Surface Drainage Bylaw - Compliance and Enforcement
Notice given by: Councillor Hughes
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PROPOSED MOTION(S):
recommendation
That Administration provide recommended amendments to the Surface Drainage Bylaw to strengthen compliance and enforcement and bring these recommendations to the Standing Committee of the Whole by March 15, 2027.
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ADMINISTRATION’S UNDERSTANDING OF THE INTENT OF THE MOTION
Administration understands that, if approved, this motion would direct the applicable departments to review and analyze the current Surface Drainage Bylaw with the objective of strengthening compliance and enforcement provisions, and to present findings and any recommended amendments to the Standing Committee of the Whole on or before March 15, 2027.
PURPOSE OF REPORT
The purpose of this report is to present a motion for which Councillor Hughes gave notice on October 2, 2026.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
NA
BACKGROUND AND DISCUSSION
The current Surface Drainage Bylaw was enacted in 2015 and establishes requirements for the management of surface water drainage on private property.
Since 2021, the City has received a total of 75 drainage-related complaints under the bylaw, including 61 complaints in mature neighbourhoods and 14 complaints in newly developed areas. Upon receiving a complaint, Administration conducts a site inspection to assess existing conditions and determine whether a contravention of the bylaw exists. Of the 75 complaints investigated, only three were found to be non-compliant with the Surface Drainage Bylaw. In addition, Municipal Enforcement has issued two tickets since 2015, both related to improper downspout discharge locations where property owners were unwilling to voluntarily correct the identified deficiency.
Where non-compliance is identified, Administration works directly with property owners to explain the issue and facilitate corrective action. Cases may be referred to Municipal Enforcement if a property owner fails to complete the required remediation. However, Administration has generally found that residents address identified deficiencies once the requirements of the bylaw are explained, allowing issues to be resolved within a reasonable timeframe without the need for further enforcement action.
The non-compliant cases identified to date primarily involved improperly installed or altered downspout discharge systems that did not meet bylaw requirements. Overall, the bylaw has provided a clear framework for compliance and enforcement, and the established enforcement thresholds have not required significant escalation.
Many of the complaints received involve concerns regarding surface water flowing onto neighbouring properties. Site inspections have shown that, in most cases, the affected property has not maintained adequate positive drainage away from their dwelling. Maintaining positive drainage through proper grading is a requirement of the bylaw and is an important safeguard against overland water impacts to structures. Administration has also received complaints related to groundwater conditions; however, groundwater issues fall outside the scope of the Surface Drainage Bylaw and cannot be regulated or controlled by the City.
Administration has reviewed the bylaw and identified several opportunities for clarification and modernization. Proposed amendments include updates to address zero lot line developments and other housekeeping revisions. Specifically, the amendments would permit downspouts on zero lot line housing products to discharge directly into underground storm infrastructure, reducing surface drainage adjacent to neighbouring homes and maintaining clear pedestrian access along side yards.
Additional amendments are also being considered to provide the Chief Administrative Officer (CAO) with the authority, on a case-by-case basis, to recognize and maintain established overland drainage patterns in mature neighbourhoods when new infill development occurs. This approach would help preserve the intended drainage function of existing neighbourhoods while accommodating redevelopment.
IMPACTS OF RECOMMENDATION(S)
Financial:
None at this time.
Compliance & Legal:
None at this time.
Program or Service:
Resources from various City Departments would have to be allocated to conduct the additional analysis regarding enforcement and compliance including legal review.
Organizational:
None at this time.
Risks
Operational: The administration and enforcement of the Surface Drainage Bylaw carries operational risk because it governs positive drainage between neighbouring private properties. In many cases, concerns are brought to the City’s attention only after unsuccessful discussions between property owners, with an expectation that the City will intervene to resolve the dispute. Any bylaw amendments should clearly establish that the City's involvement is limited to assessing compliance with drainage requirements and should not be interpreted as a mechanism for resolving, mitigating, or arbitrating disputes between neighbours.
People: Resource capacity can be affected by prolonged non-compliance cases where homeowners delay taking corrective action following the City’s assessment and issuance of a notice of non-compliance. In some instances, property owners defer required remediation efforts for multiple years, requiring ongoing monitoring, repeated follow-up, and continued enforcement activities, which can place sustained demands on staff resources and reduce capacity to address new cases in a timely manner.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Initiative aligned with Strategic Plan:
None at this time
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
D.3.1.a Drainage Service : Response to inquiries related to the surface drainage bylaw.
Respond to initial application/concern within 5 business days. Recommendations for the site are provided 12 weeks after the initial site investigation. Resolution time (if required) is dependent on the nature of the complaint and seasonal conditions.
ALTERNATIVES - NA
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Report Date: Nov 3, 2026
Author(s): Johnathan Reid
Department: Engineering Services
Department Director: Dawny George
Managing Director: Adryan Slaght
Chief Administrative Officer: William Fletcher