New York State Warning About Sump Pump Laws After Flooding

After the recent significant rainfall across New York State, many areas are still dealing with lingering floodwaters. An incredible amount of rain fell on the last day of March, and portions of Western New York even experienced tornadoes.

As damage continues to be assessed, many homeowners are asking an important question: What are the laws when it comes to drainage and discharging sump pump water onto a neighbor’s property?

What Are the Sump Pump Laws in New York State?

There are few things more frustrating than dealing with flooding in or around your home. While some factors are out of your control, what you do with that water is something you can manage.

In New York State, sump pump and drainage laws typically depend on your specific county or municipality. However, in most cases:

It is illegal to knowingly discharge sump pump water onto a neighbor’s property
It is also illegal to cause damage to another property due to that discharge

In emergency situations, such as a flooded basement, you may have limited options. However, even then, homeowners are expected to take reasonable steps to prevent water from impacting neighboring properties.

If you’re installing or using a sump pump, be very mindful of where that water ultimately flows. There was a recent Bill introduced in New York State that would allow for a credit for those who replace their sump pump. "Establishes a sump pump installation and replacement tax credit for homeowners who use the home as their principal residence and who have an income of less than $250,000".

Heavy Rain and Flooding Impact Across Western New York

The heavy rain on March 31 dumped more than 2 inches of rain in many areas, leading to widespread flooding that lasted into the following day.

While the saying goes, “April showers bring May flowers,” this April is off to a much wetter start than usual.

This is especially frustrating timing, as it coincides with the opening day of trout season in New York State. Anglers heading out to local streams, creeks, and rivers are finding:

Water levels well above normal
Strong, fast-moving currents
Extremely difficult (and often impossible) fishing conditions

Photo by: Clay Moden

What To Do If You’re Dealing With Flooding

In some parts of the state, water moved rapidly through roads and neighborhoods, leaving homeowners dealing with flooded basements and water intrusion.

If you’re facing recurring flooding issues, here are a few important steps to consider:

Contact a drainage professional
Certified contractors can design systems that move water safely away from your home or business.
Maintain gutters, drains, and ditches
Keeping them clear of debris helps water flow away more efficiently.
Upgrade your sump pump system
Consider adding a battery backup or gravity-fed system to prepare for power outages.

Even well-designed systems struggled to keep up with the sheer volume of rainfall this week. When water has nowhere to go, it backs up into sump pumps, drainage pipes, and eventually into homes.