DITCH CLEANING POLICY:
The purpose of this policy is to establish the manner in which
the county will perform ditch cleaning and road improvement work.
The County Highway Superintendent and the County Board of Commissioners
deem this work important as a means of maintaining proper roadside
drainage. This policy will set forth the manner in which the county
will implement ditch-cleaning projects, the manner in which ditch
cleaning can be requested, use of the excavated material, complaint
handling, and public relations. The program will also address
roadside improvements such as ditch fills for landscaping to allow
mowing of ditches, prevention of farming within the right-of-way,
and processing of requests for house and tile drain outlets.
Ditch cleaning work is a priority for the Cass County Road Department
but will be done only within the limits of the county budget.
The county will not spend funds in excess of its budget unless
the Cass County Board of Commissioners dispenses additional funds.
IMPLEMENTATION:
Each year the County Superintendent and staff participate in a
priority ditch-cleaning program and will select priority sites.
Projects that directly affect roadway frost heave and projects
where landowners are attempting to stem soil erosion are given
additional consideration and a higher priority for ditch cleaning.
Additional ditch cleaning work will still be done based on the
needs of the County Road Department outside of this program. Ditch
cleaning work may also be done as the site coordinates with the
needs of the county for road or driveway fill and ditch cleaning
at the site would be appropriate and to the advantage of the roads.
A). Requests for work: Requests for participation in the county
ditch cleaning program may come from road staff, county board
members, land owners, tenants and soil conservation staff. The
sites will all be reviewed by the County Superintendent and Road
staff and prioritized by the County Superintendent.
B). Project site selection: Sites will be prioritized, selected
and placed on the priority list for ditch cleaning based on the
following criteria.
1.) Drainage problems on site are causing road problems adjacent
to the filled ditch. The plugged or filled ditch may be failing
to drain resulting in water ponding adjacent to the road base.
This moisture may contribute to frost boils and soft spots developing
in the road during the spring thaw or other rainy periods. Due
to road safety concerns, these sites are first priority.
2.) Drainage problems on site are causing ponding, damaging waterways
or tile on upstream properties.
3.) Ditch cleaning requests by property owners who are not contributing
to drainage problems on the road.
4.) Ditch cleaning location selected for participation in the
annual county priority program will be reviewed for upstream landowner
compliance of good soil conservation practice. Projects with uncooperative
property owners will not move up in priority until such time as
the upstream cause of drainage problems is corrected.
PRIORITY USES OF SOIL REMOVED FROM DITCHES:
Soil removed from ditches in the course of ditch cleaning will
be used to best meet the needs of Cass County. One of the goals
of this program is to retain soil on the original property and
work with the property owners to avoid and prevent erosion. The
cost of cleanup is fully born by the taxpayers of Cass County
and the material excavated will be used for the best interest
of the county as determined by the County Superintendent and the
Road Department Staff. Consideration for use of the excavated
material will be as follows:
First Priority: Cass County road needs for use of soil excavated
from the ditches for driveway construction and widening, road
grade building, and other construction and road related purposes.
Requests for excavated soil by all others will only be considered
after road needs are met.
Second Priority: Adjacent Landowners may request material excavated
from ditches. The material will be deposited at a location easily
accessible to the road equipment - priority will be given to casting
into fields adjacent to ditches. Responsibility for placing the
material in its final location and any finishing necessary will
be to the property owner. County crews will level material cast
if necessary. Property owners are encouraged to use the material
in areas that promote the conservation of soil. The property owner,
tenant, or contractor of the property owner will be required to
shape and compact the material in a timely manner so that the
deposited soil does not become a hazard to traffic or an additional
erosion problem. County crews will deposit the material only;
they will not shape and/or construct earth structures without
the direction of the County Superintendent.
Third Priority: Landowners within three miles of the ditch. Priority
will be given to persons requesting material with the minimum
haul from the ditch-cleaning site. In other words, a person one
mile away will get material before someone three miles away from
the project site. Material to be hauled over three miles must
have the approval of the County Superintendent. Unless the Foreman
determines it to be the most efficient, no consideration will
be given to giving equal shares of soil to parties requesting
material. The prime consideration will be assuring the efficiency
and speed of the ditch cleaning operation. The county crew will
deposit the material only; they will not shape final material.
Material can not be used to redirect water flow on to adjacent
property.
Final Priority: Foremen may direct the final load of any county
truck returning to its respective sheds to dispose load between
ditch and shed at convenient location requested by landowners.
COMPLAINTS BY LANDOWNERS ON UPSTREAM SOIL LOSS:
Complaints of upstream soil loss and deposition on downstream
property by private property owners will be directed to the Natural
Resource District. The county shall, if soil deposition is excessive
within the county right-of-way, file official written complaint.
The site will be reviewed by the Superintendent and, at their
option, the Board of Commissioners, prior to filing of an official
complaint.
DITCH FILLING FOR LANDSCAPING:
If property owners desire to flatten a backslope to allow moving,
the property owner must get approval from Cass County and have
the site reviewed. Road Department staff will review the site
to see if the desired alteration can be permitted. Cass County
does not allow ditch-filling projects if the construction will
restrict the natural flow of water, restrict planned ditch drainage
or eliminate needed areas for snow removal storage. The final
work must meet all design standards for the road classification.
TILE OUTLETS:
Placement of field tile outlets onto the county right-of-way is
allowable. Persons desiring to outlet field tiles into county
ditches will first obtain a permit from the county road office.
Prior to issuance of a permit, county maintenance staff will review
the desired outlet location. There is no charge for the permit
or review. Following issuance of the permit, the landowner may
have the work completed. The county maintenance shop will be contacted
at the completion of the work to ensure that the work was completed
adequately and the ditch, backslope and road embankment have not
been damaged by the contractor's work. The contractor will restore
and re-seed all disturbed areas to avoid erosion damage.
Persons desiring to have field tile crossings installed within
the county right-of-way must apply to the county road's office
for a permit and standards for installation. The contractor shall
coordinate field installation with the county maintenance crews
and local utility companies. The county will not be responsible
for material or contract labor completed adjacent to county right-of-way,
or work performed at the direction of the landowners with or without
County Superintendent approval.
The landowner is responsible for ensuring that all work complies
with wetland legislation as determined by the Natural Resources
Conservation Service and/or the Corps of Engineers. Cass County
will not review or coordinate these activities on the landowner's
behalf. Construction that results in the ponding of water in county
right-of-way is not allowed.
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