Fence over public water drainage easment 1

[MLW01]

We've been notified by the county to a fence running along the property line and going over a drainage way is too low. We are planning on raising however the constraints provided by the county seem a bit excessive.

The fence has 1 post in the middle of the ditch. The county is asking that the post be removed and two posts on either side of the ditch placed so that fencing can go over the ditch. However they are requesting that the bottom of the fence be 1.5 FEET above the bottom of the ditch. Water levels are never this high and this seems excessive. We are not happy as 1.5 feet will make a massive gap in their backyard and dogs can easily escape.

Are these requirements normal for fencing over a drainage ditch?

 

[3DDave]

At this point they are going to squeeze you like a pimple. Put in a new fence on this side of the ditch, cutting off access to the ditch, with a gate to allow mowing, or just cut it off completely from view and get in there once a year to cut down any volunteer trees. I suspect that land is essentially lost until a proper culvert is installed the full width, covering the ditch entirely.

 

[1503-44]

Cut it off along the red line. Obviously water drainage is obstructed as is. No, you generally cannot obstructed the water, even a little bit.

Talk to the person making the complaint. Find a solution. Get them to buy into the idea. Second fence, or just try driving in some reinforcing rods at an appropriate spacing. Whatever the final solution is, make sure it works and that the other party is happy with that solution after it rains.

 

[cvg]

if you try and maintain the ditch, than you will be responsible for any flooding. fencing it off prevents the county from easily maintaining the ditch. thus, you will have standing water. suggest removing the fence or providing a gate and then demand that the county maintain it to eliminate the standing water. mosquitoes carrying West Nile is nothing to play around with

 

[LittleInch]

I still think you are best off installing a culvert, maybe with a manhole at the left hand side so someone can flush it out if required, then cover it over and you gain a few feet of level garden without any flies etc. No one can really complain if there is a culvert there already and you seem to have a good slope down to it.

Think long term here.

Sure it looks like the builder made an error, but you've got more garden.

What happens in your neighbours property to the right where it goes under their fences?

Plastic corrugated PE drainage pipe cost virtually nothing and then all you need to do is cut a hole in the fence big enough for the pipe.



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[cvg]

this is a county owned ditch. the county would need to install the culvert

 

[LittleInch]

Counties don't want to own a ditch - they just want people to not obstruct it.

They may have certain requirements for culverts (size, access for cleaning, min slope etc), but the culvert belongs to the land owner. Same as the culvert which the builder built.

People culvert ditches and streams all the time. Especially for one which is only 30 feet long, there shouldn't be an issue here.

And it solves a whole heap of issues.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[cvg]

the fact that the ditch is in an easement indicates that it is most likely not owned by the landowner. if it is in fact owned by somebody other than the county, than the county has no business stepping in

 

[3DDave]

It's an easement - that means the property owner owns and is responsible for it, but the county (or whoever is enabled by the easement) can typically do whatever they want and control whatever the easement says.

I have a natural gas line in my front yard for which the local gas company can, and has, damaged my yard rather carelessly to access a connection. Just showed up, turned over the sod into little chunks and left so they could do something dealing with the service to a house across the street. Also across the street - same thing for a water valve. Left a giant heap of dirt in their front yard. I joked with the gas guys about concreting over it - they said, no problem. They'd bring in concrete busting equipment and bill me for the labor.

When it comes to drainage, some areas can get vicious. A buddy of mine had a slight depression along the fence line. Measured 6 foot 4 inches to the top of the 6 foot fence. Inspector wanted the fence torn down for being over 6 foot. We all suggested adding a tiny amount of dirt right along the fence line - he said he asked and was told that would change the drainage from the neighbor's property and would have to be removed and he'd be fined. Neighbor had not complaint about the fence height. His out was his high-school buddy the Mayor who told the inspector to go do something useful after approving the fence.

 

[LittleInch]

Read the easement...



Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[Calif_Eng]

I'd be looking at a heavy 6 x 6 grid as a pass through that's readily replaceable when it rusts out, if you want to put a swinging grill in the middle then maybe okay. County may not have authority to regulate, this may be a private/private party issue. The 18 inches likely doesn't have a basis in code, just a local policy. A civil engineer could do a drainage analysis and prove the height that you need, but that's costly. See attached I pulled off the internet from a local agency in Springfield.

 

[TerryScan]

The easement holder has rights just as a land owner has rights. I don't see the land owner here is not a victim here. The land owner would have been aware of the easement when the property was purchased (or when the easement was acquired if it was after purchase). Easements often exist where there is no evidence of one (underground utilities for example). This is not the case here. The ditch and head wall are obvious.

The fence should have never been constructed across the easement without checking with the easement holder.

As far as the suggestion that 18" is arbitrary or not based in code - my guess is the ditch and pipe were designed and there are known design flows the height is likely based on calculated flow depth for a design storm.

Regarding wire fencing and mesh - the concern here is for debris to collect on the "screen" and clog it....again causing a drainage issue.