If a development has excess detention can the developer sell the developer sell or lease the excess detention?
If a development has excess detention can the developer sell the  developer sell or lease the excess detention? Also wondering what affect that has on property value of surrounding property.
[{"id": "idcnxiz", "text": "Interesting concept.  There are plenty of projects that do \"Master Detention Ponds\" to be allocated for use by multiple sites.  No reason why someone couldn't pay you to hook this up provided the City will allow it and it's feasible to actually complete with how the water flows.  I imagine if not a master developer on both sites it can get complicated to achieve after the fact.", "replies": [], "depth": 1}, {"id": "idcs08v", "text": "Yes. You'd need an agreement to govern the use of the detention, including sharing costs for maintenance, repairs, etc, and you'd want to engage a civil engineer to confirm that the new development would not push too much water to your detention (and make the other developer pay their review fees).\n\nEdit: sorry, I may have mistakenly assumed you were the person fielding the request and not the other way around.", "replies": [{"id": "idcwygn", "text": "Identify sharing cost makes good sense. Would that be the same concept if you were trying to tap into a subdivisions after treatment plant and water?", "replies": [{"id": "idd38bc", "text": "I think so. Mixed use or multi-use development where several independently owned sites are utilizing some shared infrastructure will typically enter into Reciprocal Easement Agreements or Covenants, Conditions and Restrictions (or \"CCRs\") for this exact purpose. Very common in this scenario, but obviously the one with the detention can say \"no\" unless there's already an agreement in place and recorded on title.\n\nIf you're able to come to some tentative agreement (pending engineering review), I'd reach out to a lawyer and ask them if they could help put an agreement together. Will probably cost around $3-5k. Where I'm the one with the detention and someone is approaching me for it, I would expect the approaching party to pay my costs and expenses (e.g. legal and engineering costs).", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "idhb0l2", "text": "From a technical standpoint, you'd probably need a civil engineer to make sure whomever your selling/leasing the detention can actually use it from a topography/water flow standpoint. If your buyer/lessee's land drains in another direction, they'll likely have a hard time justifying it to the AHJ. Your best bet would be a new development that is upland of you in the watershed. If the buyer/lessee's land is on the other side of town or a completely different water basin, it's probably useless.", "replies": [], "depth": 1}]