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Board approves 40-foot encroachment for septic at 6209 Wynwood Drive under IC 36-9-27-33
Summary
The board adopted Resolution HCDB25-12 consenting to a 40-foot encroachment on the Marion/Monroe regulated drain at 6209 Wynwood Drive to allow a septic finger system; the homeowner assumes maintenance and removal costs if county drain maintenance is required.
The County Drainage Board adopted Resolution HCDB25-12 consenting to a 40-foot encroachment on the Marion/Monroe regulated drain at 6209 Wynwood Drive to allow a septic finger system for homeowner Britney Arneson.
Arneson said she was requesting "an encroachment on the Marion Monroe regulated drain for the finger system for our septic," and that the encroachment shown on the application was 40 feet. The resolution, read into the record by the chair, recites that the board acted "pursuant to IC 36-9-27-33" and "consents to a 40 foot encroachment upon the county statutory right of entry associated with this drain" for placement and maintenance of structures and vegetation identified on an attached exhibit. The resolution states that owners are "solely responsible" for maintenance and for costs of removal or replacement of items if county maintenance requires it, and that the board "retains all rights and remedies" under IC 36-9-27-33 except as modified by the resolution.
County staff told the board they normally set these matters for public hearing to notify adjoining property owners; the affected adjoining property is County Highway, and staff said they spoke with "Amber" from County Highway and that Amber "has no problems with the encroachment." The board then voted to approve the resolution.
The resolution was moved, seconded and approved by voice vote; no public opposition was recorded on the resolution at the meeting.
