Board orders Frank Yard long lateral put on periodic maintenance after public hearing

The Calpine Drainage Board voted Nov. 6 to place the Frank Yard long lateral, Drain No. 27-42-0, on periodic maintenance following a public hearing and adoption of findings of fact. The action formalizes a maintenance fund and assessment schedule for a drain the surveyor said was built about 1901 and currently includes 1,565 feet of 10-inch tile draining a 47.8-acre watershed across 16 parcels.

The board’s attorney read proposed findings of fact concluding the drain can be maintained by periodic spraying, cleaning and minor repairs and that there was no credible evidence presented to require reconstruction or to vacate the drain. The board accepted the surveyor’s report as evidence and approved the findings by motion.

During public comment, Wayne Weller, a landowner in the watershed, said he and family members had not known about the drain’s age but noted it had functioned without regular maintenance: “This drain, none of us knew it was there. It's so old. But it's functioning,” he said, while warning that a future sale of nearby land could create problems if the drain were vacated. Kelly Shively, who owns land the drain crosses, told the board she feared maintenance work could strip a long-standing wooded buffer that separates her property from a nearby campground and said the proposed assessment would increase her annual cost by roughly $400 on four acres.

The surveyor recommended a yearly maintenance collection of $3,515.16, citing a base agricultural rate of $51.51 per acre and a $25 minimum; the surveyor and staff told the board state law (Indiana Code section cited below) requires classifying regulated drains as needing reconstruction, periodic maintenance, or vacating them if no maintenance account exists. Board members and staff discussed collection timing and the statute’s four-year cap on funds held for a given drain; several members said their intention was to pursue “half” collections when the county certifies assessments in January to spread the cost over more years while maintaining the maximum assessment schedule.

After discussion and the adoption of the findings of fact, a motion to place the Frank Yard long lateral on periodic maintenance carried. The board instructed its administrative assistant to publish the final order as required by law. The board also noted that certifications in January will determine the actual amount collected year-to-year and that collection decisions remain subject to the surveyor’s annual determination.

Authorities referenced in the hearing include Indiana Code provisions governing county drainage boards and the periodic maintenance classification.

The board adjourned after completing the hearing and ordering publication of the findings and final order.