Country Heritage Winery petition to vacate portion of regulated drain for irrigation pond approved conditionally

The DeKalb County Drainage Board on Nov. 20 approved a petition allowing petitioners to vacate a portion of the Elmer Dittmer regulated drain (No. 218-00-0) near County Road 68 and State Road 3 to permit construction of a small pond.

Jeremy Luter, who identified himself as the owner of Country Heritage Winery, told the board the vacated area would be used for irrigation and frost control and that affected watershed landowners had signed the consent waiver. "I am the owner of Country Heritage Winery," Luter said, and later added he wanted to "vacate it clear to the property line." The petition area was described in the meeting as roughly "0.9 to 1 acre, somewhere in that range."

Board members moved and seconded a motion to accept the petition "as presented" with the condition that the surveyor's office approve the final work. The surveyor's office confirmed consenting landowners had signed and noted the petition's purpose included construction of a small pond for irrigation. The board approved the motion by voice vote.

The approval is conditional on the surveyor's recording and final sign-off before the vacated portion can be formally recorded. The transcript records the adjacent locality name as "Leado" (transcript spelling) at the intersection of County Road 68 and State Road 3; that place-name should be verified against county records for the final public record.