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Board handles multiple utility and encroachment items: NIPSCO, Unity fiber and Zayo among actions taken or tabled
Summary
At its June 9 meeting the LaPorte County Drainage Board accepted NIPSCO conduit applications under a 60‑inch standard, approved a Unity dark‑fiber crossing at 48 inches, authorized the attorney to pursue injunctive relief over a fence encroachment at the O'Hara Rice project, and tabled Zayo’s application amid measurement and liability concerns.
The LaPorte County Drainage Board addressed several utility, encroachment and maintenance items at its June 9 meeting, approving some applications while tabling others for additional review.
On conduit applications, staff described seven NIPSCO crossings under multiple regulated ditches and recommended the board require at least 60 inches below the natural bottom for those crossings. A board member moved to accept the NIPSCO drain-processing applications with that requirement, and the board approved the motion by voice vote.
The board also added a Unity dark‑fiber conduit application to the agenda; staff said Unity agreed to a 48‑inch standard below natural bottom for its crossing. The board voted to accept that crossing requirement by voice vote.
On a maintenance/encroachment matter, staff reported that a fence at the Ohio O'Hara Rice ditch posed a safety and maintenance concern (horses in the field), and recommended court action to compel fence removal. The board voted to authorize the attorney to pursue injunctive relief to remove the encroachment rather than ordering immediate removal that could create liability.
Separately, staff described measurement problems for a Zayo conduit installation: the company’s contractor cannot use standard acoustic or electromagnetic instruments to measure conduit location under water, and the board expressed concern about future maintenance crews unintentionally damaging fiber lines. One board member noted the contractor had crossed the ditch without permission multiple times; staff recommended resolving measurement and liability issues before approving the application. The board tabled Zayo’s application to allow staff to resolve those concerns.
Why it matters: These items affect the safety and maintainability of regulated drains. Specifying minimum burial depths and resolving where conduits lie below the ditch help protect the county from damage to utility infrastructure during future ditch maintenance and protect the county from related repair liabilities.
Next steps: Staff will confirm the required measurements, work to secure indemnification or locate conduits where necessary, and bring Zayo and other unresolved items back for board consideration in advance of the August meeting.
