Porter County advisory board backs after‑the‑fact approval for buildings and drainage work that encroach on easement

The Porter County Stormwater Advisory Board voted to approve staff’s recommendation to grant after‑the‑fact approval for construction and stormwater work that encroaches into a drainage easement, the board said at its meeting.

Chelsea, the department staff member who presented the report, told the board the buildings "encroach approximately five feet into the easement," and that submitted plans show two buildings, one along the north property line and one along the south. Chelsea recommended approval of the buildings, impervious surface and fence, and of a proposed 12‑inch PVC storm sewer and swale, subject to standard conditions including execution of a hold‑harmless agreement.

The advisory board’s recommendation is advisory: board members noted the proposed consent to the encroachment must be heard by the Stormwater Management Board at its meeting the following morning. Chelsea said the county will issue a final approval letter only after receiving a signed hold‑harmless agreement from the applicant.

Board members asked whether the advisory action should be contingent on the county development review process. Chelsea said the project "has gotten fairly far within the development review process" and she did not foresee substantial changes that would alter the board’s recommendation. Members also pressed staff about long‑term maintenance access; Chelsea said the top‑of‑bank access along the swale should remain sufficient for necessary maintenance and that the easement had been conveyed to the drainage board by a previous owner, even though it is not shown as a regulated drain on some county maps.

Board discussion included confirmation that the applicant had begun construction without a building permit and that the partially constructed work began last year. The applicant said he had believed a contractor was managing proper measures and that remediation efforts have been underway since the issue was flagged during development reviews.

A board member moved to approve the staff recommendation, including adding the hold‑harmless language; the motion was seconded and carried on a verbal voice vote. The motion and related staff conditions will be forwarded to the Stormwater Management Board for final action. Chelsea noted the applicant also must obtain a fence permit and any roadway permits required by the Porter County Highway Department before starting permitted work.

The advisory board did not record individual roll‑call votes in the transcript; the motion was carried by the chair after members responded verbally. Further procedural steps include presentation to the Stormwater Management Board the next day and the county issuing a final approval letter after the executed hold‑harmless agreement is returned.