DeKalb County drainage board approves two utility permits, conditions plat approval and schedules maintenance hearings

The DeKalb County Drainage Board on Sept. 4 approved utility permits for two fiber projects, granted a consent waiver and a variance tied to the Thomas Estates subdivision and set a series of maintenance hearings after a surveyor reported damage and nonfunctioning drains.

Board members voted to approve an AES utility permit to place a plowed fiber run, 12 inches deep, from an existing handhold toward a new address at County Road 35 (address listed as 5522 in the permit materials). The board also approved a separate utility permit for MCC Network Services LLC on behalf of Verizon Wireless to build fiber to a Verizon tower, a project that will use a mix of directional drilling and plowing and will cross multiple regulated tiles and open ditches in Richland and Kaiser townships. Both permits were approved based on the surveyor’s recommendation; the board required locating and coordination with surveyors to avoid damage to existing tiles.

The board considered a multi-part request for Thomas Estates, a proposed subdivision east of Auburn near County Road 35 and Old Auburn Road. Bob Gaffer of MLS Engineering presented plans for a 60-lot subdivision with three detention ponds and a new internal tile layout. The board approved three related items: (1) a consent and waiver to reconstruct a portion of the Cliff Metcalf lateral (identified in meeting materials as regulated drain number 83-01-0) on the development property; (2) a variance to allow reduced easements so lots remain buildable; and (3) the drainage plan for the secondary plat — with a condition that all three detention ponds and the connecting storm-water infrastructure be constructed in phase 1. Board members said the condition was intended to prevent incomplete sections that could pond water on adjacent properties and to ensure adequate outlets for lots sold in early phases.

During guest communications, resident Eric Thomas asked for a variance or a consent waiver on a lateral so he can construct a barn on property at County Road 45 (parcel referenced as 0548). The board noted that signatures from affected watershed landowners are required before the board can act; members indicated they have consensus to approve a consent waiver if all required signatures (including from an estate/property representative where the owner is deceased) are obtained and presented to the surveyor’s office.

In the surveyor’s report, staff described multiple drains that need attention. Surveyor staff and residents reported a substantial pile of fill on the east side of County Road 19 (near the John Deere lateral/regulated drain) that appears to be covering and likely damaging county tile. Staff recommended sending the landowner a notice describing the observed deterioration and inviting the landowner to a drainage board meeting to explain the work; if the owner does not cooperate, staff said the county may contract repairs and assess the owner. The board asked staff to draft a letter, invite the property owner to the board in two weeks and follow up with certified mail if there is no response.

The surveyor also presented options and cost estimates for repairs and reconstruction on portions of the CO Metcalf/Cliff Metcalf system and for a county pond outlet. Estimates presented included roughly $3,500 to reset an outlet structure to raise pond elevation by about 1.2 feet, a $17,915 estimate to reconstruct about 600 feet of tile from the east side of County Road 49 up to an adjacent swamp, and a roughly $40,000 estimate to carry tile from the swamp down to an open ditch (estimates include possible additional permitting or inspection costs for a gas-line crossing). The board asked staff to evaluate funding sources and to discuss the larger reconstruction question with county commissioners before proceeding.

Finally, staff recommended — and the board agreed to schedule — maintenance hearings for several drains not currently on maintenance, including the Frank Yard lateral (about 1,566 feet of 10-inch tile, watershed ~47 acres) and a JP Endsley tile route that crosses a private gravel pit. Staff described the options for each lateral: place it on maintenance (with a rate derived from assessment tables), proceed to reconstruction, or set a vacation hearing where warranted. Several board members said they prefer starting with maintenance hearings and then proceeding to vacation hearings if landowners object.

Votes at a glance - Approve minutes, Aug. 21, 2025 — motion carried. (Motion, second; board voice vote: “Aye.”) - Approve attorney claims for September, $1,295 — motion carried. (Motion, second; board voice vote: “Aye.”) - Approve AES utility permit (County Road 35 / 5522) — motion carried. (Motion, second; board voice vote: “Aye.”) - Approve MCC Network Services LLC utility permit (MCC/Verizon) — motion carried. (Motion, second; board voice vote: “Aye.”) - Approve consent waiver to reconstruct Cliff Metcalf lateral (regulated drain no. 83-01-0) — motion carried. (Motion, second; board voice vote: “Aye.”) - Approve variance for Thomas Estates (reduced easement to keep lots buildable) — motion carried. (Motion, second; board voice vote: “Aye.”) - Approve drainage plan for Thomas Estates secondary plat — motion carried with condition that all three ponds and the connecting storm-water infrastructure be built in Phase 1. (Motion, second; board voice vote: “Aye.”)

Why it matters: The permits and plat approvals allow communications infrastructure and residential development to proceed but hinge on avoiding damage to regulated drains and ensuring adequate storm-water outlets. The surveyor’s findings and the scheduled maintenance hearings signal potential repair and funding decisions that could affect multiple landowners and county maintenance budgets.

What’s next: Staff will draft notices to the landowner suspected of covering county tile on County Road 19, invite the owner to a drainage-board meeting in two weeks, pursue signatures for the guest petitioner’s consent waiver, and prepare maintenance-hearing notices for several nonmaintenance drains. Commissioners may be asked to consider funding decisions for larger reconstruction work if staff recommends moving forward.