The purpose of this policy is to establish the manner in which the county will perform ditch cleaning and road improvement work. The County Engineer and the County Board of Supervisors 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 Clinton County Secondary Road Department and will be done only within the limits of the county budget. The county will not spend funds in excess of its budget unless the Clinton County Board of Supervisors dispenses additional funds.

Each year priority sites will be selected by the County Engineer and staff for participation in a priority ditch cleaning program with upstream landowners and the Clinton County Soil and Water Conservation District - SWCD. 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 Secondary 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 secondary road staff, county board members, land owners, tenants, and soil conservation staff. The sites will all be reviewed by the County Engineer and Secondary Road staff and prioritized by the County Engineer.

B) Project site selection: Sites will be prioritized, selected and placed on the priority list for ditch cleaning based on the following criteria. The Engineer's determination of the priority for ditch cleaning will be final.

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. (20 point max.)

Drainage problems on site are damaging tile or adjacent waterways of downstream landowners. (10 point max.)

Drainage problems on site are causing ponding, damaging waterways or tile on upstream properties. (10 point max.)

Ditch cleaning requests by property owners who are not contributing to drainage problems on the road. (5 point max.)

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 compliance with SWCD guidelines.

PRIORITY USES OF CLEANED MATERIAL

Soil removed from ditches in the course of ditch cleaning will be used to best meet the needs of Clinton 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 Clinton County and the material excavated will be used for the best interest of the county as determined by the County Engineer and the Secondary Road Department staff. Consideration for use of the excavated material will be as follows:

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 Clinton County Soil and Water Conservation District. The county shall, if soil deposition is excessive within the county right-of-way, file official written complaint with the SWCD on its own behalf. The site will be reviewed by the County Engineer and, at their option, the Board of Supervisors, prior to filing of an official complaint with the SWCD.

DITCH FILLING FOR LANDSCAPING

Clinton County does not require or recommend that property owners mow the right-of-way area adjacent to their property. Landowners desiring to do so will not be prohibited from mowing the right-of-way unless the right-of-way area is designated prairie-planting area. If property owners desire to flatten a backslope to allow moving, the property owner must request and obtain a ditch-cleaning permit from Clinton County and have the site reviewed. Secondary Road Department staff will review the site to see if the desired alteration can be permitted. Clinton 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 engineer’s 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 through the county right-of-way must apply to the county engineer’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 furnish and install material necessary to complete tile crossing as their schedule allows. The county will not be responsible for material or contract labor completed adjacent to county right-of-way, that which is part of drainage districts, or work performed at the direction of the landowners with or without County Engineer 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. Clinton 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.

Schedule 40 PVC pipe or equivalent shall be used for all crossings. Flexible pipe will not be allowed under county roads. Drop inlets or risers may be allowed and/or required at the county’s option. Any material or labor to be billed to the county must be pre-approved in writing and separate from any billing for other work completed. Private individuals installing the tile must have approval in writing, notify the county 24 hours in advance of tile crossing installation, and will be reimbursed for material costs only. The county will provide any rock necessary to restore the condition of the road surface. The contractor or landowner is to notify the county per the permit terms to allow county maintenance staff to inspect the finished crossing for conformance with county standards.

SEPTIC SYSTEMS-NUISANCE COMPLAINTS & HOUSE DRAIN OUTLETS

If a septic system is noted in an area requiring ditch cleaning, and the septic system outlet is determined to be causing a health and safety hazard for personnel attempting to do ditch cleaning, the area will be bypassed for ditch cleaning and the septic tank outlet location will be passed on to the County Environmentalist’s office for attention and upgrading.

House drain outlets into the road right-of-way are allowed as long as the drain only carries gutter rainwater, foundation drains, or non-septic floor drains. House drains determined to be a nuisance, due to the outletting of soapy or suspect water will be reported to the County Environmentalist’s Office for investigation and upgrading.

FARMING IN THE COUNTY RIGHT-OF-WAY

Cultivating farm crops within the right-of-way leads to possible degradation of the ditch bottom and increased erosion. Farm crops within the right-of-way are not conducive to soil conservation or proper roadside drainage. Farming of the right-of-way is not permitted under the county’s permanent easement for road purposes and need not be allowed. This is not intended to prevent haying of the roadside, which is expressly allowed by the Code of Iowa, but only prevent the cultivation of the right-of-way leading to the encroachment of and eventual loss of the county road ditch.

If it is observed that a property owner or their tenants plow and plant crops within the county right-of-way, the landowner will be sent notice by certified mail upon the observation of tilling into the ditch to cease planting in the right-of-way. The property owner will be asked to restore and re-seed the area affected. The county will, at the request of the landowner, delineate the right-of-way line by placing ROW stakes on the right-of-way line for the reference of the property owner. If the right-of-way is not restored, the county will, without notice, mow the crop, restore the ditch and backslope to the outside of the right-of-way and bill the landowner for the cost of the restorative work. If the bill is not paid, the cost of restorative work will be placed as a tax lien upon the landowner’s property.