Im planning on building a house or shed near a drain. How far away must my structure be from the drain?
The Drainage Board Right-of-Way for a county regulated drain is 75′ from the existing Top of Bank of a creek or ditch or from the existing centerline of a tile (underground pipe system). However, if you wish to place a structure within the 75′ right-of-way, a variance may be obtained from the Drainage Board. The Drainage Board Variance Procedure describes the method by which one must apply for a variance, and the Variance Table provides the Board-recommended distance from a drain for various structures. Furthermore, you can download and fill out the Petition for a Variance into a County Regulated Drain Right-of-Way form (Drainage Form 1) (PDF file) and submit it in to the Surveyor’s Office for consideration. Variances are considered on an individual basis, are subject to the decisions of the Drainage Board, and may not be granted due to extenuating circumstances.
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