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1. Can I fill in the ditch?

In order to do any work on a regulated ditch, you need to have the approval of the Drainage Board

Drainage Board

2. Can I control the ditch vegetation and keep my ditch bank mowed myself?

Yes, as long as the material removed is not left in the ditch to cause a blockage.

3. Can I build sheds, playground equipment etc., in the right-of-way?

No, permanent or temporary structures cannot be built within the right-of-way.

4. Can I dam up or block water that flows onto my property?

If it is in a drainage way (ditch, swale, etc.) you may not block the flow. If it is sheet flow runoff (a wide path of water), you may do on your property whatever you want to do and if you create a problem for your neighbor it is your neighbor’s problem to deal with. In Indiana this is known as the "Common Enemy Drainage Law". 

Indiana Drainage Law

“Common Enemy Drainage Law”.

5. Can I put a culvert in the ditch to cross over?

Yes, with the permission of the Drainage Board. The County Surveyor will determine the culvert size and length. Once installed the property owner will be responsible for any maintenance on the culvert.

6. Can I put a fence in the Regulated Drain easement?

In order to do any work on a regulated ditch, you need to have the approval of the Drainage Board.

Drainage Board

7. Can I put my water from my private tile into the regulated drain?

You need to notify the County Surveyor of your intent and then we will make a determination if the regulated drain can accept your water.

8. Do my drainage assessments pay for the salaries of the County Surveyor’s office or the Drainage Board?

No, those salaries are paid out of the property taxes that you pay.

9. Does the drainage assessment go to the general fund?

No, assessments go to a separate account for each regulated drain.

10. What determines whether a drain is regulated or private?

Regulated drains were established by the Courts or County Commissioners prior to 1966 and by the Drainage Board since that date.

11. What is a regulated drain?

A regulated drain is an open ditch, drain tile, or a combination of both under the jurisdiction of the Drainage Board.

12. When does a subdivision storm drain become a regulated drain?

Since 1976, in St. Joseph County all subdivisions of three lots or more are required to petition to become an Urban Drain under the jurisdiction of the Drainage Board.

13. Who determines who pays the drainage assessment and how much they pay?

Drainage assessment rates are determined by the Drainage Board at a public hearing. Each person affected is sent a notice of the hearing. The Drainage Board sets the rates based upon the estimated yearly maintenance of the drain prepared by the County Surveyor.

14. Who is responsible to repair a tile drain or an open ditch if it is not a regulated drain?

You and your neighbors are responsible for the repair. You can request the Drainage Board to look at it and determine what the problem is. You need to fill out an application in the County Surveyor’s office. There is a fee attached with the application to cover any expenses involved.

15. Who should I contact for a permit to work on a tile or open drain?

Contact the County Surveyor’s Office at 574-235-7800.

16. Why do I pay an assessment and how is the money spent?

All property owners residing in a drain watershed, even if the drain does not physically run on or near your property, are required to pay an assessment to maintain the drains in that watershed and is a benefit for drainage.