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Drainage Board

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1. The drain on my property is not functioning, what do I need to do?

You first need to determine the type of drain:  private, public regulated drain or in a private ditch association  Watershed map

• If it is private, you will need to correct the situation on your own or with your neighbors.  
• If it is a regulated drain, then you will need to contact the Drainage Board.  
• If it is located in a Private Ditch Association watershed, you will need to contact the specific Private Ditch Association.

2. How can I get a hole fixed in my tile drain?

You first need to determine the type of tile drain:  private, public regulated drain or in a private ditch association  Watershed map

• If it is private, you will need to correct the situation on your own or with your neighbors.
• If it is a regulated drain, then you will need to contact the Drainage Board.  
• If it is located in a Private Ditch Association watershed, you will need to contact the specific Private Ditch Association.

3. 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

Permits may be needed for most work.

Drainage Board

4. 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.

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

No, permanent or temporary structures can be built within the right-of-way without a reduction of right-of-way permit.  

6. 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”.

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

Yes, with the permission of the Drainage Board and a permit. The County Surveyor will determine the culvert size and length. Materials for the crossing are not provided by the County.

Once installed the property owner will be responsible for any maintenance on the culvert.

8. 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

9. 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.

10. 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.

11. 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.

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

No, assessments go to a separate account for each regulated drain and can only be spent for maintenance on that regulated drain.

13. I got a bill from a Private Ditch Association. What do I do?

The reason you received a bill is because your property is located within a watershed that is managed by a Private Ditch Association.

Please contact the Private Ditch Association shown on your bill.  

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, but you will need to fill out an Non-Regulated Drain Obstruction Complaint application.  There is a non-refundable fee of $500 attached with the application to cover any expenses involved.

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

Regulated drains were petitioned to the county for permanent maintenance by land owners and established by the Courts or County Commissioners prior to 1966. Since then, land owners have had to petition the county Drainage Board to classify their drain as a regulated. When the property owner petitions the board a maintenance fee based on the size of the watershed is set up.

Private drains have never been petitioned to the Drainage Board to be regulated and are the responsibility of the land owner on the property for which they are located. 

16. 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.

17. When does a subdivision storm drain become a urban 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.

The Drainage Board will then maintain the infrastructure of the subdivision.

18. 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.

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

If it is a regulated drain contact the Drainage Board @ 574-235-7800.

If it is a private drain it is the responsibility of the land owner(s) of the drain.  You will need to contact the land owner directly.