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Yankton County will advertise for two drainage commissioners while officials weigh dissolving the separate commission

3515391 · May 7, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The board voted to advertise for two volunteer drainage commissioners but discussed whether to dissolve the separate drainage commission and have the county commission take on rare permit matters, citing four years of almost no permit hearings and state law limits on county authority.

The Yankton County Board of Commissioners voted to advertise for two volunteer drainage commissioners but debated whether the county still needs a separate drainage commission. Commissioners said many counties have dissolved similar bodies because state law largely determines drainage rules and because the county’s drainage commission has heard almost no permits in recent years.

County staff and commissioners noted that the drainage commission’s workload has been light: officials said the commission had not heard a single permit in about four years and mostly met only to approve minutes. That low activity, combined with the legal limits on county authority over drainage matters, led several commissioners to question whether maintaining a standalone, volunteer drainage commission shifts liability to the county without providing significant public benefit.

Commissioner discussion emphasized two practical points: if the drainage commission approves local permits and problems arise, the county could face legal exposure; and if permit requests are rare, the full Board of Commissioners could sit as the drainage board when necessary.

The board agreed to advertise for two vacancies now (terms for current members Dave Healy and Kevin Kershman are expiring), while directing county staff to consult with the state’s attorney and review whether the separate commission should be retained. Commissioners noted that the volunteer positions are unpaid and that some counties have moved to a model where the county commission hears drainage matters only when needed.

Action: Motion by Wanda, second by Dan, to advertise for two drainage commissioners; motion passed. The board also directed staff (Gary and the state’s attorney) to review the drainage commission’s necessity and report back.

Why it matters: Drainage permits and commissions can create legal and fiscal exposure for counties, especially when state law prescribes the substantive drainage rules. The board’s review could change how residents bring drainage disputes and how the county manages permit reviews going forward.