Developer told to move trail out of Johnson County drainage easement; limited work allowed if outlets, silt fence fixed

Johnson County surveyor Greg Cantwell said the developer-installed trail and associated park improvements encroach into a regulated drainage easement and are preventing a planned two‑stage reconstruction of Brewer Ditch, prompting a stop‑work order and a demand that certain fixes be made before work resumes. Cantwell said the surveyor's review shows roughly 2,500 feet of trail that currently encroaches into the easement and that one existing inlet must meet a 25‑foot setback behind the top of bank.

The county's representatives and the developer discussed options including shifting the ditch's two‑stage shelf to one side, relocating the trail, or acquiring additional easement. Cantwell told the board the county's authority requires a 75‑foot measured setback from top of bank on regulated drains but that the board can consider an encroachment or reclassification to an "urban" drain under limited circumstances.

Developers said much of the park and trail work is already constructed or paved and that they had split the subdivision into sections to deliver lots more quickly; the trail segment in question was presented to the county as part of earlier section approvals, the developer said. The county and representatives for the city of Franklin have not yet resolved who will pay for removal or relocation if required.

Board members expressed concern about asking homeowners or the county to absorb removal costs if the ditch reconstruction proceeds. County counsel and staff said they would convene a focused meeting that includes the developer, Franklin, the county surveyor and a drainage board representative so parties can negotiate a fix without relying on repeated monthly board sessions. The board asked staff to schedule that meeting within about 7–10 days.

The drainage board voted to allow work to proceed at the developer's risk if the outlet(s) are moved back 25 feet and the silt fence is repaired; the board also agreed to consider ratifying any negotiated encroachment at the next drainage‑board meeting. The stop‑work order remains in effect until the specified setbacks and erosion measures are addressed, and the board said any formal encroachment into the easement must be approved in a future meeting.

The discussion highlighted three distinct choices: (1) move the trail out of the easement so a two‑stage ditch can be constructed in the future; (2) reclassify the drain as an urban drain and accept narrower setbacks (which requires technical review and is not certain); or (3) acquire additional easement or right‑of‑way from adjacent owners so the two‑stage ditch can be built without removing the trail. Speakers said the county cannot unilaterally change the statutory 75‑foot requirement absent reclassification or other legal mechanism.

Next steps set by the board: the developer was asked to repair the silt fence and install or move any required outlet so it meets the 25‑foot setback, county staff and counsel will convene a multi‑party meeting in the next 7–10 days, and any encroachment or formal relocation will return to the drainage board for ratification.