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Draft ordinance exempts high-capacity ditches from piping under conditions
Summary
The draft exempts ditches with capacity over 25 cfs from the piping requirement if applicants avoid infrastructure in easements, record or grant prescriptive easements per Utah Code 57-13a, and comply with remaining provisions of Utah Code 73-1-15.5.
The draft ordinance carves out an exception to the piping rule for conveyance facilities with a capacity exceeding 25 cubic feet per second (25 cfs). The transcript reads that Section 6-1-240(K)(3) "shall not apply to ditches with a capacity that exceeds 25 cfs" provided three conditions are met: no fences, structures, deep-rooted vegetation or permanent infrastructure are installed within the easement; prescriptive easements are recorded or an equivalent easement is granted per Utah Code 57-13a; and compliance with the other portions of Utah Code 73-1-15.5.
The exception ties the relief to specific conditions intended to preserve access and function of large conveyance channels. The text places the burden on applicants to avoid encroachment within easements and, where necessary, to record or grant easements that reflect prescriptive rights.
