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Board approves vacation of upper legal drain for Liberty Village development; developer agrees to accept flows

5451068 · July 23, 2025
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Summary

Boone County approved vacating a portion of an upper small regulated drain located within the Liberty Village subdivision site after developer and adjoining landowner supported the petition; developer said on-record plans will connect private drains and sanitary service for the affected property.

The Boone County Drainage Board on July 21 approved a petition to vacate a portion of the upper small regulated drain within the land being developed as Liberty Village subdivision in the Whitestown/Lebanon area. The petition was submitted by Y Engineering on behalf of developer Lennar Homes and by landowner Delaney Johnson; both supported the requested vacation, and the board voted to approve the request.

County staff said the vacated section lies at the very upper end of the tile and is within property planned for development by Lennar Homes. The developer’s design will accept drainage flows from the Johnson property, will outlet tiles encountered during construction into the subdivision storm system, and will connect the Johnson property to city sanitary sewer, allowing a private septic/perimeter drain to be vacated.

At the meeting Delaney Johnson expressed concern about an existing low area on his property that holds water after heavy rain and asked that the change not worsen his drainage or create standing water. Garrett Ella of Y Engineers and Doug Fagan of Lennar Homes said the plans match existing elevations at the perimeter, include detention designed to city requirements and show public-commitments to make connections so the change should not increase upstream flooding. Lennar’s representative said he would inspect site conditions and that plans call for perimeter grading and detention to avoid worsening runoff for adjacent older homes.

The board approved the vacation; county staff said final project completion and cost will be returned later as construction proceeds.