Drainage board denies request to vacate tile for wetland conversion over downstream concerns

A company that recently contacted Delaware County staff to propose vacating a regulated tile and converting the reach to an open ditch and wetland mitigation area presented conceptual plans and said funds would be available for ten years of maintenance. The presenter (identified in the teams call as associated with the proposal) said the developer would carry insurance and that money would be held to maintain the waterway for the first decade.

Board members raised concerns about downstream impacts, access for the drainage board and the lack of concurrence among all landowners who would be affected. “If we vacate that and leave it and that restricts all our access, there's no right of way for us to get down there,” one commissioner said, noting that a converted wetland with planted trees could be difficult to access for clearing if a beaver dam or log jam formed. Staff explained that vacating a regulated drain requires notifying all affected landowners, and that the board typically seeks concurrence from impacted landowners before considering vacating a regulated drain.

After discussion the board moved to deny the vacation request. The motion was seconded and carried in a roll‑call vote; commissioners cited potential consequences for properties downstream and uncertainty about long‑term access and maintenance beyond the 10‑year maintenance window the company described.

Board staff told the company representative that the proposal could be withdrawn or refiled if it secured broader landowner concurrence and stated the standard process includes written notice to all affected owners and a public meeting before any vacation of a regulated drain could proceed.