Elizabeth Bailey
On County Road 600 South between County Roads 60 and 220 Southwest, a small creek flows under the roadway, dividing two agricultural fields on the other side. This small body of water has created a big problem for Jed Ortman, who owns the field on the west side of the creek.
He approached the Decatur County Commissioners Monday morning to inform them of his situation and seek a way to dam up this problem.
In March of last year, Ortman took action to reduce erosion on his farm where the creek flowed across it. His neighbors had done previous work to deepen the creekbed, tossing the remaining earth on either side of the ditch. While this created a more designated path for water to flow along the shallow grade of the land, it did not address the washing of topsoil and sediment onto Ortman’s field.
He created an 18-inch-high semi-circle of soil to slow the flow of water and created a way for some of the water to be diverted into the field tile system. Any additional water, he noted, continues to wash over the top of the structure. The dry dam could also be called a sediment basin and is a common soil conservation practice.
Still, in June of last year, Ortman received notification from the Area Plan Commission (APC) that he was in violation of the Decatur County Drainage Ordinance. He was given 30 days to remedy the problem, he said, but was never given information on the exact nature of the violation or how to resolve it, short of dismantling the entire project. He has been in contact with the Natural Resource Conservation Service (NRCS) and was told that the work conducted on his farm was the best solution to the erosion problem, as the land does not have a steep enough grade for a grass waterway to work.
“I was just trying to use conservation practices,” Ortman said, “and I guess it backfired on me.”
Having attempted to work with the APC to resolve the problem, the violation remained, and although it was not his desire to do so, he said that filing a law suit was the only option he had. With litigation pending, any negotiation between Ortman and the APC must now take place between his attorney and that of the board.
Commissioner John Richards and attorney Peg Polanski pointed out that the drainage ordinance seemed to them to be intended for subdivisions and areas subject to urban sprawl, not agricultural land.
“Our intent was not to interfere or tie the hands of agriculture,” Jerome Buening, President of the Commissioners added.
There are exceptions within the ordinance for agriculture land, enabling tilling; terracing; construction of drains or minor open ditches; crop irrigation; installation of drain tiles and construction of barns and storage buildings, so long as these actions do not have an adverse impact on off-site drainage facilities or change the land contour by more than two feet. Also allowed under the ordinance is the filling of holes created by erosion, settling of earth or removal of dead trees, posts or concrete.
For Ortman, the drainage work he completed last year fits within these parameters. However, the APC has designated the work as a major open ditch, thereby making it a violation of the ordinance. Ortman noted that he would understand the violation if the work he did had an impact on neighboring properties. However, he cannot imagine the scenario where the small mound of dirt at the mouth of the creek could hold back enough water to overrun the culvert under the roadway approximately 100 yards away. He also voiced the opinion that there are members of the APC board that might side with him but remain silent against the prevailing perspective of the group.
The commissioners noted that while they can have individual discussions with members of the APC board, it is that board that has the jurisdiction to enforce the drainage ordinance, and the commissioners cannot dissuade them from pursuing the violation, they noted.
The commissioners also:
Signed grant documents for Decatur County Rural Water.
Approved the ordinance to support the weather advisory levels.
Discussed land purchases for right of way in the Bridge 25 project.
