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Council advances ordinances to clarify private drainage maintenance, adds public-nuisance enforcement
Summary
The Stillwater City Council voted 5-0 on May 5 to advance two ordinances that expand the citys definition of drainage facilities and add drainage-related conditions to the public nuisance code; councilors asked for public education about private maintenance responsibilities.
The Stillwater City Council advanced two related ordinance changes on first reading May 5 that aim to clarify property owners maintenance responsibilities for private drainage facilities and give the city an enforcement path when obstructions create flood risk.
City staff introduced Ordinance 35-68 to expand the definition of "drainage facilities" to include "all geographical features and structures that store, control, and or convey stormwater runoff," add explicit maintenance requirements, authorize city inspection access, and allow issuance of notices of violation to assist with compliance. Staff presented Ordinance 35-69 as a complementary change to the public-nuisance code (chapter 18) that would explicitly list the accumulation of trash, debris, brush or vegetation in drainage facilities as a nuisance when it causes or could cause off-site flooding; that designation would enable the city to abate the hazard under state law if property owners do not comply.
The ordinances were introduced by staff; Zach Henson, watershed quality manager, was present to answer technical questions. A councilor requested public education so property owners understand what constitutes a drainage facility on their land and their maintenance obligations.
The council moved both ordinances to second reading by unanimous votes. A motion to advance Ordinance 35-68 passed 5-0; a motion to advance Ordinance 35-69 passed 5-0. No amendments were offered during the May 5 first-read actions.
Why it matters: the changes change how the city can respond to clogged ditches or stormwater structures on private property. Under the proposed code language, accumulations that impede drainage and create flooding risk could be declared a public nuisance and abated by the city if owners do not act, giving staff an enforcement option it said it lacks under current code.
What remains: both measures were advanced to second reading; final adoption would occur at a subsequent meeting. Council members asked staff to prepare public outreach materials explaining what a drainage facility may look like on private property and when maintenance is the owners responsibility. No funding or implementation timeline for outreach was set during the May 5 meeting.
Quotes: "Sometimes, the staff has challenges with property owners' compliance for maintenance responsibility of those facilities," staff said when introducing the changes. A councilor said, "I think it might be helpful for us to do some public education just around when we talk about these drainage facilities and the responsibility to maintain them," noting that some residents may not realize a roadside ditch is a drainage facility.
Ending: The council will consider the ordinances again at second reading; staff will prepare the outreach materials requested by councilors before final action.
