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Board allows landowner to maintain County Ditch 5; beaver-dam removal funding left unresolved
Summary
The Wadena County Board approved a landowner request to perform maintenance on County Ditch 5 at his own expense but deferred deciding whether county funds may be used to remove a beaver dam, pending research of state statute and funding options.
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The Wadena County Board of Commissioners on April 21 approved a landowner’s request to perform maintenance on County Ditch 5, but stopped short of authorizing public funding to remove a beaver dam blocking the ditch.
Landowner Gary Van Dam asked the board for authorization to have the highway department remove a beaver dam that he said was obstructing drainage on his property. County Engineer Anthony Maule told the board he had visited the site and provided the original construction and engineering reports and maps. Van Dam had signed a Hold Harmless Agreement allowing him to proceed at his own expense.
Commissioner Bryan Winkels said permitting the landowner to do maintenance was "not a problem" given the Hold Harmless Agreement, but that paying for beaver-dam removal posed a different question and could set a precedent. Auditor/Treasurer Heather Olson advised the board she needed to "research whether state statute even allows public funds to be used for ditch maintenance" because Ditch 5 is not part of the road system and has no maintenance fund established.
The board approved a motion by Commissioner Winkels to allow Mr. Van Dam (parcel R0 01291040) to perform maintenance on County Ditch 5 at his own expense. The motion was seconded by Commissioner Murlyn Kreklau and carried unanimously. The board directed staff to return in May with options regarding the beaver-dam removal and any legal or funding constraints.
The action addresses immediate drainage maintenance but leaves unresolved who would pay for obstruction removal when the obstruction cannot be cleared by the property owner or private contractor.
