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County bars pump access into road right-of-way for proposed dike near Case property

August 05, 2025 | Steele County, North Dakota


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County bars pump access into road right-of-way for proposed dike near Case property
County staff presented Aug. 5 on a proposed dike and pumping arrangement near a property described as Case’s place. The presenter said the property owner intends to angle a pipe from the property to the road, place a pump above the dike and trap water between the dike and the road. Staff reported the Water Board had already granted a permit for pumping, and that recent state law changes allow drain‑tile or pump discharge in ditches but county permission is still required for use of the county right‑of‑way.

Staff described the proposed structure as including a culvert — the paperwork referenced either a 24‑foot span and a 36‑inch culvert — and said the top of the dike would be about 3 inches higher than the culvert. Commissioners and staff expressed concern about potential flooding, the volume of water in the watershed, and responsibility for any damage inside the county right‑of‑way. One commissioner said, “I’m a no on letting them in the right‑of‑way,” and the body instructed staff to seek engineering input from county engineers Tyler and Mike.

After discussion, commissioners moved and seconded to deny use of the county right‑of‑way for the pump/dike project. The motion passed on an aye vote. Staff said they will communicate the county decision to the applicant and will coordinate engineering review as needed.

Why it matters: allowing a pump and dike inside a county right‑of‑way can change hydrology near a public road and could create maintenance and liability responsibilities for the county. Ending: County staff will inform the applicant that the county will not permit work in the right‑of‑way as proposed and will seek further engineering review to assess related risks; the Water Board’s permit remains a separate authorization.

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Scribe from Workplace AI
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