Fence over public water drainage easment 1

[MLW01]

We've been notified by the county to a fence running along the property line and going over a drainage way is too low. We are planning on raising however the constraints provided by the county seem a bit excessive.

The fence has 1 post in the middle of the ditch. The county is asking that the post be removed and two posts on either side of the ditch placed so that fencing can go over the ditch. However they are requesting that the bottom of the fence be 1.5 FEET above the bottom of the ditch. Water levels are never this high and this seems excessive. We are not happy as 1.5 feet will make a massive gap in their backyard and dogs can easily escape.

Are these requirements normal for fencing over a drainage ditch?

 

[gbam]

I would suggest verifying the local code for a fence over a ditch.

 

[EdStainless]

I have seen a lot of them built as two sections, a fence above the high water level and a grate of some sort on hinges (with stops so that they only swing in flow direction) below.
That way debris can't pile up behind the 'fence' and obstruct flow.

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P.E. Metallurgy, consulting work welcomed

 

[MLW01]

I've asked the civil engineer for the county multiple times to provide this code. However they have failed to provide it over and over. Hence seeking outside help.

Ed, do you by chance have any pictures of said example?

 

[LittleInch]

I would guess the issue is "ditch" is quite vague.

Also very difficult to argue about peak water level, especially 1/100 yr[pre][/pre] storm levels.

18 inches sounds quite low to me.

A few pictures or sections would help.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[MLW01]

Attached is the picture of the current layout.

I'd like to just raise it up enough to meet the 18" requirement while not creating 16 feet of gap that needs to be remedied to keep dogs and or children from climbing out.

The red line is what the county is suggesting, which seems ridiculous. The black lines a proposal to avoid creating that massive gap to be filled. This is directly in the back yard ~25 feet from the house.

Thoughts?

 

[LittleInch]

So what happens if you ignore them?

At some point they will need to tell you why it's too low and what regulation you're breaking.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[LittleInch]

A culvert pipe?

It does seem a bit silly to put a fence across a ditch though

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[MLW01]

I cannot at this point. The reason the county reached out is because someone complained of water not draining properly. The county came out and sent a letter stating the fence needed to be raised. In addition they said all the gravel that was laid down (because we were trying to rid standing water and mosquitos) has to be completely removed. I agree and understand the fence should be raised and should have been installed higher than what it was.

 

[MLW01]

Fence is up because it's the backyard. The neighbors yard is directly on the other side. Dogs, children etc. need to be contained and privacy is also desired.

 

[EdStainless]

But if this is a drain that the county controls don't piss them off, they will tear the fence out and charge you for doing it.
Is there an easement? How wide is it?
Why not two posts about half way between where they would show them and where the center is. Run the solid fence straight across that and put in a wire mesh fence below.

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P.E. Metallurgy, consulting work welcomed

 

[MLW01]

It is. However I've been told it's our job to maintain it and the only reason the county will come in is if there are issues. The builder placed a property privacy fence on the backside of the easement (far right side of the picture. From where the grass starts to the fence installed by the build is about 10 feet. We would have built our fence where the easement starts but there would be no way to manage the property in between both fences.

I'm just trying to save money at this point. I've been quote $800 to move the fence as per the red line. I've also gained approval from the county to leave the post in the middle. So at this point I'm just trying to meet the needs of the county, while minimizing the gap that would need to be remedied. I hope that makes sense.

 

[LittleInch]

You have a drainage ditch 25 feet from the house?

Any sort of a plan here?

I'm not surprised the county want you to move the fence though.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[MLW01]

I guess its really closer to 35 or so. Attached is the picture of the entire yard. The area in question is on the back left.

 

[LittleInch]

Flowing left to right?

Is that a culvert on the right?

Why not extend the culvert?

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[MLW01]

Correct. Left to Right. I would have loved the culvert to run the entire width. Don't know why it wasn't. I was advised by the county the 10 year storm is suppose to be grass...

We put rock to rid standing water but was said that must be taken out.

 

[fel3]

MLW01....

Do a Google search for "fencing across a ditch" and look at the images. This particular page is just one of many that will come up and I am highlighting it because is has some good examples of fencing extensions into the flow channel that will maintain perimeter security and permit channel flow to pass through:

https://www.google.com/search?rlz=1...gQIBxAC&biw=1680&bih=947#imgrc=z-9lgS7ZpWYg0M

Some agencies require a completely obstruction-free channel under the fence and some allow (possibly require?) a grate like the one EdStainless mentioned or even a full trashrack. However, if the agency can't provide you with the actual requirement, how are supposed to comply? Could it be that they have do not have written requirement and are trying to fake it? If so, then you probably aren't required to comply with a non-existent requirement.

However, the fence in your photo is certainly a bad design and something needs to be done, so it may not be worth it to push back. A better approach might be to suggest a solution that deals with both competing interests: channel hydraulics vs. site perimeter security. Since perimeter security is important, I would prefer to raise the bottom of the fence, then install some sort of chain link fencing to the bottom of the channel, or a trashrack, etc.

Fred

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"Is it the only lesson of history that mankind is unteachable?"
--Winston S. Churchill

 

[MLW01]

Fred, thank you for your input. We will be raising the fence up and I will be placing something like This underneath.

 

[cvg]

blocking the waterway with anything, including the wrought iron fence/grate you show in your link is liable to cause flooding on adjacent properties. this is likely to result in a legal claim/lawsuit against you for cause. any sort of blockage that can clog with debris is probably not acceptable. suggest a second fence to keep the dogs in the yard is a better option.

 

[MLW01]

Thank you CVG. Good to know. Only reason I even am thinking of doing it is because the Civil Engineer Contact at the County suggested it. Perhaps a small white picket fence etc. really is the best way to go.