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Drainage board approves two variances for septic mound and driveway at Emma Missler Ditch
Summary
The board granted Garrett Tharpe a variance to locate a mound septic system 68 feet into the 75-foot drainage easement and approved a stone driveway within the easement, with liability for future damage placed on the property owner.
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The Marshall County Drainage Board approved two variances for property owner Garrett Tharpe to build a mound septic system and a stone driveway within the Emma Missler Ditch drainage easement.
Tharpe told the board he plans to construct a Frisbee mound septic system and showed visuals of the proposed layout. Craig (staff) explained the blue line on the board’s map is the ditch, the red line is the 75-foot drainage easement measured from the top of bank, and that the southernmost encroachment into the easement measured about 67.7 feet (rounded in the record to 68 feet). The board moved, seconded and approved a variance to 68 feet for the septic system. After the motion passed, the board amended the motion to explicitly state that any future damage or maintenance costs related to the septic or driveway would be the property owner’s responsibility; that amendment was approved by voice vote.
On the driveway, Craig described a proposed stone driveway along the west side of the Emmerichler/Emma Missler Ditch and noted the drainage board would not be liable for any driveway damage caused during future ditch maintenance. Tharpe said the existing driveway appears to be grandfathered and he planned to use much of the existing alignment. The board moved and seconded approval of the driveway variance with the understanding that any future damage would be the landowner’s responsibility; the motion carried by voice vote.
The board’s approvals included a condition placing long-term liability for driveway and mound damage on the property owner. No numeric penalties, bond requirements or permit expiration dates were recorded in the minutes.

