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Drainage Board reduces setback for fence at Harley Brock Ditch to 50 feet after applicant removes fence
Summary
After reviewing site photos and prior practice, the Marshall County Drainage Board approved reducing the setback from 75 to 50 feet for a fence previously installed at the Harley Brock Ditch; the owner removed the fence before the hearing and the board attached the 50-foot condition to the variance.
The Marshall County Drainage Board approved a variance Jan. 13 allowing a property owner to maintain a fence closer to the Harley Brock Ditch than the standard 75-foot drainage easement, reducing the required setback to 50 feet.
Property owner Steve (Steven) Miller appeared and told the board he removed the fence after being directed to do so in November. Drainage staff presented photos showing the original fence location along the north bank and explained the board’s typical practice: while the ordinance sets a 75-foot easement, the board sometimes shortens setbacks to help landowners, but historically it has not removed setbacks entirely.
Board members discussed precedent, including a prior case (Mattingly Ditch) where the easement was reduced to 50 feet. Several members said they were unwilling to go below 50 feet. After discussion, a motion to approve a variance reducing the setback from 75 to 50 feet carried by voice vote.
The board clarified that a gate that provides access for maintenance is an option but that the permitted fence line must be at least 50 feet from the top of bank. The owner said he had access on the other side of the ditch and could remove portable fencing quickly if maintenance were required.
The motion was recorded as approved by unanimous voice vote; no roll-call tally was recorded in the minutes.
