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Morgan County drainage board orders survey after asphalt placed over Nutter Ditch easement
Summary
The Morgan County Drainage Board voted to obtain a survey and quotes to map encroachments on the Mary A. Netter/Nutter Ditch corridor after staff reported asphalt had been placed over a drainage pipe and that multiple properties appear inside the county's easement.
At its June 2 meeting, the Morgan County Drainage Board voted to obtain quotes for a land survey of the Mary A. Netter (Nutter Ditch) regulated drain after staff reported a business had paved over a drainage pipe and other properties appear to be encroaching on the ditch easement.
Board staff said the county had not yet received a formal petition from Hudson Plumbing but that the company had paved over the ditch anyway. "We got a lot of people encroaching on that another ditch in that pipe area," staff member Gary said, adding that Hudson told him he had mailed paperwork and that the contractor had proceeded to place asphalt despite county discussions.
The board's action directs staff to request quotes for a survey that will locate inlets and manholes, show elevations, pipe size and type, and identify permanent structures inside the easement. Gary told the board he expects the survey to show several encroachments: "Yeah, 3 homes encroaching and 2 asphalt parking lots encroaching that I can see right off the bat." The board approved getting a quote for survey work on the Mary A. Netter regulated drain by voice vote.
Meeting discussion covered options after the survey is complete. Gary said the next step would be to compile a list for the county attorney, and the attorney would advise how to proceed. He warned the board that some homes might be grandfathered if they predate county right-of-way rules. "If these houses are pre 1968, was it Bill? Or '65 is when the right of ways come into effect. So they would grandfather in his rights to encroach," Gary said in the meeting.
The board did not adopt any enforcement action at the June 2 meeting beyond approving the survey procurement. Members said the attorney will review the survey results and that the board will consider options — including notifying property owners — at a future meeting.
The board asked staff to compile full documentation for the attorney and to return with the survey results and any petitions for formal consideration in July.
