Ohio's Drainage Laws

An Overview

Bulletin 822

Alternatives

In almost all the cases and procedures mentioned in this publication, the landowner must initiate the action to resolve the drainage dispute or make the drainage improvement. This publication has mentioned at least seven basic alternatives an individual landowner might consider to resolve a drainage problem. These are summarized below, but not necessarily in order of importance or choice.

• The landowner may work voluntarily with other landowners involved in the same drainage problem, and try to work out an agreement to pay the necessary costs and construct the improvements.

• The voluntary group may construct the needed improvement, and then apply to the Board of County Commissioners to place the improvement in a maintenance program under the provisions of the Ohio County Ditch Laws (ORC Section 6131.63). Under this alternative, the improvement ideally would be maintained perpetually from funds collected through assessments.

• The landowner may apply for assistance through the conservation works of improvement procedure of the Soil and Water Conservation District, and pay assessments for improvement construction and maintenance (Senate Bill 160 projects).

• The landowner may petition for the improvement under the Ohio County Ditch Laws (ORC Chapter 6131). If the petition is approved, the landowner should expect to pay assessments for his/her portion of the construction costs for the improvement, as well as assessments for perpetual maintenance.

• A drainage improvement district may be funded through a tax levy approved through a referendum.

• The landowner may consult a qualified attorney to present a case for getting the drainage problem resolved in a court of law. Most often the landowner is trying to collect damages resulting from the neglect of others to properly address a drainage problem.

• Landowners may choose to do nothing and accept the consequences, such as continued flooding, flood damage, etc., and possible future litigation by a third party. Many landowners do select this alternative.