LANCASTER, S.C. (QUEEN CITY NEWS) – “So usually when we’re walking through here, right about now, you’re walking in water,” says Lancaster county man Troy Smith.

He says for the last three years, every time it rains, his yard suffers from extreme flooding.

He claims it’s because the subdivision was built with drainage to run through the properties of a neighbor behind and beside him and his.

But that’s not the problem —

“It wasn’t a major issue until the neighbor back here built a berm, and now the water has nowhere to go; it doesn’t drain down the hill, as you can probably tell this is downhill, so the water tends to pile and backup and doesn’t have anywhere to go,” he said.

This is what the property looks like after heavy rain comes through Lancaster.

The small pond brings frogs, ducks and even mosquitoes. During the fall and winter months, Smith describes the area as horrible.

“If you look at this, you have about a half-acre of land, you have a half-acre pond our here for 3-4 months out of the year. I mean we’re dealing with frogs waking us up at night in the middle of winter, not normal and not for this area,” Smith said.

He’s tried talking to his neighbor about the issue — but hasn’t been successful. So he went to the state, county and even DHEC about the issue and received no response — so we tried ourselves.

SCDOT did not immediately respond to our request for comment.

Lancaster County says its a DHEC issue.

DHEC responded to our request for information Thursday morning saying – “While DHEC has a certain role in stormwater management for new developments like subdivisions, the agency doesn’t have the authority to assist in this instance. DHEC staff have spoken with county officials about the resident’s concern to help clarify our role and responsibility. We hope the individual, the county, and any other parties are able to work together to find a resolution.

As background: in the 1990s, state laws and regulations were established that give DHEC or local governments the authority to review the engineering design of a proposed development, such as a subdivision, to assess whether proper stormwater controls have been planned for. These types of controls — which are typically in the form of detention ponds — are important because they help limit the rate of stormwater runoff that would potentially come from an entire development. The state laws and regulations, however, only give DHEC oversight of stormwater controls for new developments — meaning from the 1990s (when the laws and regulations were passed) onward. A review of county tax data and aerial photos indicate the subdivision surrounding 2763 Cane Mill Road was built primarily in the 1960s, several decades prior to the 1990s’ legislation, meaning DHEC’s authority doesn’t extend to these types of older developments.”