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MS4 members weigh liability and solutions for ditch‑cleaning requests outside municipal rights‑of‑way
Summary
At the Oct. 3 meeting, Williston and St. Albans representatives described differing approaches to resident requests to clean ditches and repair culverts outside municipal rights‑of‑way; WNRCD and DEC staff offered technical resources and restoration help, and Adopt‑A‑Drain has nearly achieved its steward goal.
Municipal officials at the Chittenden County MS4 Subcommittee meeting on Oct. 3 described a range of approaches to requests from residents to clear ditches or repair culverts that sit outside formal municipal rights‑of‑way.
Christine Dougherty (Williston) said she will not authorize ditch cleaning unless there is a clear easement that documents municipal rights and responsibilities, noting liability concerns. Dave Allerton (Town of St. Albans) said at least 10 residents have complained about yard flooding and the town is facing repeated requests; he estimated an annual revenue impact for the town related to farm billing changes but also said ditch issues are a frequent citizen concern. Ryan Lambert said his municipality generally does not accept ownership of very old culverts but will undertake repairs when upstream municipal ROW drainage relies on that infrastructure.
Adelaide Dumm of the Winooski Natural Resources Conservation District summarized her September work on Minimum Control Measure #2 (public education and outreach) and posted homeowner resources in the meeting chat, including a Vermont guide to stormwater management for homeowners and the Storm Smart home assessment program; she noted WNRCD does not currently have funds to implement infrastructure changes on private land but can provide assessments and recommendations. Karen Bates (DEC) added that if property owners want culverts removed and wetlands or streams restored, DEC could assist.
Members also discussed tools and programs: several municipalities applied to Lake Champlain SeaGrant for a regionalization fellow (each committing $5,000) to explore MS4 regional practices; Adopt‑A‑Drain has 73 stewards (near a 75‑steward goal), and some towns are using ESRI solutions to manage stewards and program data.
The discussion highlighted common legal and operational constraints—municipal liability, ambiguous historical drainage easements, and aging culverts—that lead different towns to adopt different local policies. Committee members encouraged sharing municipal records (as‑builts, minutes) when those documents indicate prior municipal responsibility, and to coordinate with conservation partners for restoration or technical assistance.
