Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, whether he has had discussions with (a) the Environment Agency and (b) local authorities on the effectiveness of mechanisms to enforce the responsibilities of riparian owners for the maintenance of river banks.

Ministers regularly meet with the Environment Agency and other stakeholders to discuss flood and water management matters.

Riparian landowners, those whose land adjoins a watercourse, are required under common law to maintain watercourses, including the removal of debris and blockages, which could cause an obstruction to the flow of water on their land, or downstream if washed away, as well as maintenance of the bed and banks, and any trees or shrubs growing on the banks. Where a stream or culvert becomes silted up, choked with weeds, or the flow of water has been obstructed causing flood risk to others, the Environment Agency and local authorities have statutory powers to require the relevant person to maintain the flow of the watercourse. The Environment Agency has published guidance on owning a watercourse on GOV.UK. By April 2024, new engagement guidance will be published to help Risk Management Authorities, Environment Agency staff, and landowners have more effective conversations on this matter.

The Government’s Flood and Coastal Erosion Risk Management (FCERM) Policy Statement sets out what we expect from those responsible for all assets and watercourses – including risk management authorities, other public and community organisations, the private sector and riparian owners – to invest in ongoing maintenance and ensure timely repairs where necessary.

Defra has commissioned an independent review of statutory powers and responsibilities associated with FCERM assets across all flood risks and coastal erosion. The review started work in 2021 and is expected to report this spring. This will review whether current mechanisms and legal powers are clear and effective and relevant expertise is shared; this includes the non-statutory powers and responsibilities of riparian landowners and asset owners. The review team is working closely with key stakeholders to ensure that it considers good practice and practitioner concerns, within the sector. Defra will consider its findings after publication.