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Davison County Drainage Board grants permit after landowner filled ditch without prior approval
Summary
On Dec. 17 the Davison County Drainage Board approved a permit for a field where a landowner had filled a ditch without a permit, citing erosion issues and Tobin Township’s concurrence; the board recorded a 6–0 vote with one abstention and noted a $500 fine had been paid.
The Davison County Drainage Board voted Dec. 17 to grant a drainage permit for the N½ of the NW¼ of Section 30, T101N R61 after finding the applicant had filled a field ditch without prior authorization. The motion, made by Chet Edinger and seconded by Jerry Buchholz, passed on a roll call vote with six ayes and one abstention.
The action followed a county investigation after Planning & Zoning received complaints that a ditch on the property had been filled. Deputy Administrator Wegleitner told the board the investigation confirmed work had been done without a permit; the application was received Dec. 2, 2024, abutting owners were notified Dec. 3, and notice was published Dec. 7.
Applicant Travis Gerlach told the board the group filled the ditch to make the land farmable and said they “didn’t realize [they] needed a permit,” adding that water coming from the west and undersized culverts at 266th Street and 400th Avenue had created erosion that made the ground difficult to farm. Curtis Mueller, speaking for Tobin Township, said the township “has no issues with anyone trying to improve their property” but asked to be informed because maintenance work can affect the township ditch. Abutting neighbor Mark Klumb said he expected to see how the repairs hold up “with the next rain.”
The board approved the permit without additional fees after noting the applicant had already paid a $500 fine and that Tobin Township indicated it was willing to cooperate on the work. Roll call on the motion recorded Buchholz—aye; Bult—aye; Edinger—aye; Larson—aye; Kiner—aye; Nebelsick (call‑in)—aye; Klumb—abstain.
The board emphasized that permit decisions are made under the Davison County Drainage Ordinance and SDCL 46A‑10A, and that future work affecting township ditches should be coordinated with township officials. The next Drainage Board meeting is set for Jan. 21, 2025, at 7:00 p.m.
