Board tables petition over pond spoil that neighbors say blocked natural runoff

Wayne Johns, of 8309 East County Road 350 North, petitioned the Delaware County Drainage Board on Aug. 13 to remove a 0‑to‑4‑foot embankment of clay spoil on a neighboring property that he says blocks natural runoff and has created standing water on his land. “Standing water has never been an issue before the obstruction was constructed,” Johns said, asking that the spoil at the east side of Brandy Hoff’s pond be removed to restore pre‑construction overland flow.
Brandy Hoff, the property owner at 8209 East County Road 350 North, told the board she followed Department of Natural Resources recommendations and state law when constructing the pond and that the property has had surface water issues “for greater than 2 years.” “I followed the DNR recommendation,” Hoff said, adding she set the pond back more than the 75 feet the county required and that she believes the Johns’ claims predate her work.
The board’s attorney and surveyor reviewed the matter on the record. The attorney said Indiana code defines natural surface water course and that a landowner may file a request to have an obstruction moved, but he counseled that because the embankment lies more than 75 feet from the regulated county drain, “it appears to be a civil issue” and the board has discretion whether to act. The surveyor suggested a compromise that would preserve the embankment while restoring flow: installing a driveway‑sized culvert under the spoil to allow water to pass where it flowed previously.
Johns disputed the civil‑matter framing and presented photos and a tree‑health argument he said show the standing water is new and caused by the spoil. The board asked staff to investigate further and examine mapping and flow lines; the board’s attorney said the statute gives the board discretion but not an obligation to remedy such obstructions.
After discussion, a board member moved to table the petition while staff investigates; another member seconded, and the motion passed on roll call. No order requiring removal or repair was issued at the meeting. The board did not set a deadline for its follow‑up investigation but asked staff to report back with locations, field observations and potential engineering options such as a culvert or partial grading change.