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Mutual drain in Conrad Heights blocked by roots and pop‑up discharge; staff may pursue replacement or obstruction hearing
Summary
Staff reported a blocked mutual drain behind Conrad Heights homes with tree roots and at least one illegal pop‑up discharge; staff suggested replacing tile via a new drain or using an obstruction hearing if homeowners do not cooperate.
County staff updated the Clinton County Drain Board on ongoing blockages in a mutual drain behind homes in the Conrad Heights subdivision and outlined possible remedies, including replacing the tile and asking homeowners to share costs, or pursuing an obstruction hearing to force repairs.
"It is obstructed now with the roots," said Dan, the staff member, describing an obstruction about 250 feet up the pipe and a large maple tree he identified as the likely cause. He said county highway staff had assisted in the field inspection and that crews could not jet the line because of the obstruction.
Staff described at least one homeowner who had installed a pop-up discharge device that releases onto a neighboring farm field rather than their own lot; Dan said he had advised the landowner and the farmer that the device should be removed and that a lawyer’s cease-and-desist letter might be appropriate if the owner does not cooperate. Dan also said he found only two septic-permit records from the early 1970s in the area and that some of the drainage tiles date to the 1970s.
Because the drain is a mutual drain rather than a legal (regulated) drain, the county’s options are limited but still include voluntary agreements and, if necessary, an obstruction hearing that could compel owners to remove trees and repair tiles. "If we could get the homeowners all to agree to pay a portion, the landowner or the farmer would pay a portion and just build in a new drain," Dan said. He suggested a short-term solution of installing a cleanout or riser to re-open flow while pursuing a longer-term replacement — possibly a 6-inch or 8-inch drain sized for future development.
Staff said the property lot lines and existing county right-of-way would allow the county to install a riser without owner consent in certain locations, and that the board’s prior policy change requiring legal drains in new subdivisions meant the Conrad Heights situation remained an older mutual-drain problem.
Next steps: staff plans to attempt temporary clearing (jetting) and install a cleanout/riser to restore flow while exploring replacement options with homeowners and the landowner. If voluntary cooperation fails, staff said they could proceed to an obstruction hearing to obtain compliance. No formal action was taken at the meeting; the item was an informational update with potential next steps identified.
