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Owner who inherited pole barn granted encroachment on Vaughn Palmer Drain with recording requirement
Summary
The board approved an encroachment allowing an existing pole barn and fence on the top of bank of Vaughn Palmer Drain, but required the encroachment document be recorded to notify future owners of the risks and maintenance liabilities.
The Allen County Drainage Board approved Doc #26-013, permitting an existing pole barn and fence located on the top of bank of the Vaughn Palmer Drain, provided the encroachment document is recorded. ACSO staff explained that a permit had been issued in the past for a 15-foot setback but the barn was constructed on top of the bank decades earlier.
Sam Ahlersmeyer, who said he bought the Butt Road property in April 2025 and "inherited whatever they did in 1992," told the board he would remove the fence if required and understands that maintenance could place responsibility for any damage on him. Board members expressed concern that future buyers be made aware of the encroachment; Rich Beck specifically noted the need for buyer notice, and the motion approved the stipulation that the encroachment be recorded.
