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Drainage board reduces setback to 50 feet for fence at Holly Brock Ditch
Summary
The board granted Steven Miller a variance reducing the standard 75-foot drainage setback to 50 feet for a fence on the north bank of the Holly Brock Ditch, noting precedent and maintenance access concerns.
The Marshall County Drainage Board approved a variance reducing the drainage setback from 75 feet to 50 feet for property owner Steven Miller, who sought to reestablish a fence on the north bank of the Holly Brock Ditch.
Staff presented photos showing a fence constructed without prior notice to the drainage board; the board had earlier required the fence’s removal. Miller said he removed the fence promptly after being asked and that his previous wire fence was deliberately easy to remove. Board members discussed precedent: they cited past reductions to 50 feet in a Mattingly Ditch case but said the board had generally been reluctant to go below 50 feet except in extreme circumstances. Board members emphasized the maintenance implications of allowing fences close to the ditch.
After discussion, a motion was made and seconded to approve a variance reducing the 75-foot setback to 50 feet. The motion carried by voice vote. The board clarified that the variance retains a 50-foot setback and that a gate could be installed but the fence could only come to within the approved 50-foot setback.
No permit conditions, timelines for fence reinstallation, or bond requirements were read into the record; the board cautioned about precedent and the potential for future owners to resist removal if the property sells.
