Stream Regulations in Butler County

If you have a stream on your property or are hoping to do work in a stream, there are a few things to consider first:

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Who’s Responsible?

• If the stream is on private property and you are the property owner, the majority of the time the stream is your responsibility to maintain.

• If you live in a subdivision and the stream is mapped as a Homeowners Association drainage easement, it may be the responsibility of the HOA of that housing development based on HOA bylaws.

• ​You can request a copy of the subdivision record plat from the County Recorder’s Office if you wish to determine if the stream behind your property is an easement.

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What am I legally allowed to do?

• You cannot block the flow of water in the stream or disturb the stream to where it will cause harm to a downstream neighbor.

• You can plant and do soft stabilization techniques along streambanks if it doesn’t place fill or material into the streambed.

• U.S. Army Corp of Engineers and Ohio EPA regulate streams in Ohio. Certain activities in streams may require a permit before activity commences. You can read more on Army Corp permitting here and Ohio EPA here.

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Butler County 75-foot Buffer:​

Butler County requires every second order or greater waterway identified as blue-lined on the USGS Quadrangles or identified as Special Flood Hazard Areas on the FEMA FIRMs to have a stream buffer. A second order stream is a stream that forms when two first order streams flow into each other. These streams require a 75-foot buffer on each side of the stream from top of bank. Certain activities and practices are restricted within this buffer. These buffers are intended to provide protection to the stream and to help prevent against erosion and potential impacts to infrastructure and property. These buffers typically consist of vegetation like willows or other streambank plants.

 

If you have concerns about a stream on your property being required to have a buffer or any questions about the buffer in general, please contact Butler County Building and Zoning at 513-887-3205.

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Stream Buffer Benefits​

• Leaving a setback or buffer along a stream can:

  • Increase property value​.

  • Decrease erosion.

  • Limit pollution from entering streams.

  • Provide habitat to many species of beneficial wildlife.

  • Serve as a "natural" fence to protect kids and pets from any hazards in and around the stream.

  • Prevent erosion from occurring.

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Streambank Stabilization

Stream restoration/stabilization is necessary when streambank erosion threatens infrastructure or utilities and will cause extensive damages. Streambank stabilization or restoration is very costly and can require an engineer to assess the situation to provide the best possible solution.

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• Streambank stabilization typically includes providing some kind of hard (like rip-rap or gabion baskets) or soft vegetative (brush mattresses or live-staking) stabilization along a bank in urban areas where a full scale restoration activity is ineffective.

• Restoration typically involves returning a stream to its “natural” state and restoring some of the ecology of the stream as well.

 

Most homeowners will look towards stabilization activities to protect their property. You can learn more about stabilization options or streambank plantings by reading our brochures. 

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