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Hancock County adopts rules limiting activity in drainage district rights-of-way
Summary
The Hancock County Board of Supervisors adopted Resolution No. 2024-010, citing Iowa Code chapter 468, to restrict excavation, vegetation changes, dumping and other actions within drainage district easements; the board also, in a joint teleconference with Cerro Gordo County, tentatively approved annexation and reclassification reports and set hearings for April 15, 2024.
The Hancock County Board of Supervisors on March 4 adopted Resolution No. 2024-010 to establish specific rules restricting activities within drainage district easements and rights-of-way, citing authority in Iowa Code chapter 468.
The resolution, approved on a motion by Supervisor Jerry J. Tlach and seconded by Supervisor Florence (Sis) Greiman, lists seven prohibitions and responsibilities for landowners and the public. It forbids modifying ditch bottoms, side slopes or banks; prohibits altering vegetation within easements without written permission; bars actions that impair the designed flow of water; and requires written permission for any excavation in a drainage easement. It also bans dumping of waste or chemicals in easements and assigns adjoining landowners responsibility to remove vegetation and repair damage outside the easement at the landowner’s cost. Violations are declared to be injuries or obstructions under Iowa Code sections 468.148 and 468.149, allowing the drainage district to pursue legal or equitable remedies.
The Board introduced the resolution by citing Iowa Code sections including 468.2 (public benefit of drainage), 468.27 (acquisition of rights-of-way upon establishment), 468.126 (supervision and maintenance duties), and 468.138 (removal of obstructions). The resolution states the measures are intended to protect the investments of landowners who benefit from drainage improvements and to preserve channel performance and longevity.
In a joint teleconference with the Cerro Gordo County Board of Supervisors, the Hancock County Board also tentatively approved Engineer Tyler Conley’s annexation of lands report for Cerro Gordo County Drainage District No. 16 and for Joint Drainage District No. 123-113, and tentatively approved a commissioner’s report on reclassification for those districts. The joint board set hearings with affected landowners on April 15, 2024, at 10:30 a.m. for annexation matters and at 10:35 a.m. for reclassification matters.
The actions taken will affect owners of land bordering drainage district easements and may lead to enforcement actions if the new resolution’s prohibitions are violated. The board did not specify any funding implications in the minutes. The next Hancock County Board meeting is scheduled for March 11, 2024.
