Brookhaven parents ask Boone County drainage board for fence accommodation under Fair Housing Act; board tables decision to October

Zach and Kaylee Bouchard asked the Boone County Drainage Board to allow a fence inside a regulated drainage easement in Brookhaven Subdivision as a reasonable accommodation under the federal Fair Housing Act so their medically complex child can safely use the backyard.

At a public hearing the petitioners said their child has a rare chromosomal disorder, level 3 autism and low vision, is nonspeaking and at high risk of wandering. "For our child, a modified housing environment is essential for his safety and for his equal opportunity to enjoy and access his home," the petitioners said. They described a proposed 4-foot aluminum fence with gates on both sides of the lot, including an 8-foot gate to provide equipment access to the easement if needed.

Surveyor's office staff and board members emphasized that the area in question contains underground infrastructure — a 6-inch drain and a 12-inch RCP storm sewer pipe with riprap — and is part of the regulated drainage easement and flood routing path for the development. Staff said allowing a fence inside the easement creates access and maintenance concerns: gates must allow full passage for emergency or maintenance equipment and, if the fence interferes with drainage, the county may need to access the property and remove parts of the fence.

Legal counsel at the hearing said the Fair Housing Act requires reasonable accommodations for people with documented disabilities and that local boards must weigh what constitutes a "reasonable accommodation." The petitioners provided documentation and said the town and neighborhood support their request; they also said the HOA had denied the request, prompting the drainage-board petition.

Board members discussed possible compromises: placing the fence in a reduced footprint inside the easement, adding gates on both sides, ensuring recorded waivers to cover fence removal if maintenance requires access, and having surveyors mark the exact location of underground pipes before the board reconvenes. Several board members said they sympathize with the family but must balance maintenance access and future precedent for easements.

The board voted to table the petition to the October meeting and asked surveyor's office staff to visit the property, work with counsel on a potential waiver or acknowledgement form, and prepare clarified, scaled plans so the board can make a decision with accurate pipe locations and proposed fence lines.