Neighbors behaving badly

[TheMan419]

So I need some collective wisdom.....

My neighbors to my east I have never met. I cannot see their house from mine due to dense trees, even when the leaves are off the trees. Our boarder is a county maintained ditch. The bank on their side of the ditch is a berm meaning it drops off so no water from their side can flow naturally into the ditch.

Tonight I come home to the sound of heavy equipment moving around in the woods on their side of the ditch. There is a back hoe tearing down trees and clearing a path in the woods. Ultimately the operator dug through this berm. His stated goal is to bring out the transom and make his own ditch to drain the water from these neighbor's yard into the ditch.

My concern is a couple fold.

First it would seem to be a violation of some federal wetlands act or the other.

Second it would appear the excavator has now put a good bit of debris into the ditch. Since we are basically the head of the ditch I do not think that is going to cause a problem for water backing up into my property, but I am not sure of that fact.

Third the ditch is maintained by the County and putting any additional "cuts" into the ditch is regulated. Oddly enough there are tile lines into the ditch from the neighbor's side. They could have tied into those without too much effort and likely without anyone finding out.

So the question is what, if anything, do I care to do about it?

 

[4570Man]

Ask them to clean up the trash. Aside from that not your problem.

 

[John Fitzgerald]

Ask them to clean out the ditch like it was before. Otherwise, not a concern for you at this time. See how the water flows after the first big rain, then decide if any action is necessary. It's only a concern if the water diversion floods your property.

 

[Einthewoods]

I might have read past it and if so, I apologise.

Have they done anything to your property?
It sounded like the debris in the ditch likely wouldn't cause any harm? If it would, I'd ask them to clean it up.

But, if they haven't done anything to your property, and they clean up the debris if it would actually cause trouble, not sure what problem is trying to be solved.

 

[BrokeFarmerJohn]

Is the neighbors drainage flooding this guys property and that’s why he’s channeling it into a ditch?

I agree with the rest, if it’s not affecting you or your property, I wouldn’t worry about it.

You can talk to this guy about the ditch, get more info on it, help him if you think it can be improved upon for aesthetic reasons if that makes you happier. But I personally wouldn’t worry about his property.

 

[TheMan419]

Of course the main worry is if the ditch can handle the new extra water supply.

The work done at least right now is not asthetically pleasing. But that is just a matter of time for vegetation to grow back.

I do have some environmental concerns. This area used to be a marsh land. The area the neighbor is draining appears to be protected wetland.

 

[Einthewoods]

I'm probably the wrong guy to ask for advice then as anything I would say would come out in a bad way.

I'm not a big fan of Federal protection of State lands and I think it goes way overboard in many situations.

The previous marsh land is't marsh anymore because it was dried for housing?

 

[Redlands Okie]

In general most places do not allow a adjacent land owner to increase drainage onto your land. Even some types of altering drainage can be a issue. My area the department of environmental quality I think its called (DEQ) would be the first call. If its not affecting your property then as others have said it may not matter.

As far as the wetlands, perhaps the local game ranger would have ideas and local county extension office.

I am a big fan of being left alone. On the other hand if I did something that affected others then I would not be surprised to have a visit.

 

[MossRoad]

Of course the main worry is if the ditch can handle the new extra water supply.

The work done at least right now is not asthetically pleasing. But that is just a matter of time for vegetation to grow back.

I do have some environmental concerns. This area used to be a marsh land. The area the neighbor is draining appears to be protected wetland.

Why was his berm there in the first place? Just a fluke, or to direct water elsewhere? Contain a wetland? Filter ground water before it enters the ditch? Cool water before it enters the ditch (trout stream downstream?). All kinds of possibilities. And a big old can O' worms, too.

I'm just guessing, but comparing to our county up here in South Bend, if I did that to my ditch, I'd eventually get a visit from the county drainage board, told to correct the problem, and possibly pay a fine. Then, I'd expect a visit from the Indiana Department of Environmental Management (IDEM), followed by the Department of Natural Resources (DNR), and possibly the U.S. Army Corps of Engineers. YIKES! :laughing:

 

[MossRoad]

Also, on our drainage ditch, I'm not allowed to alter the banks or build any structures or plant anything, trees, shrubs, crops, etc... within 25' of the centerline on each side. That's so the county can come in and dredge the ditch on a regular basis without obstruction. Don't know how your county maintains the ditches, but again, if it's like ours up here in South Bend, if your neighbor puts a cut in the berm that an excavator can't cross... uh-oh!

As mentioned, big old can O' worms.