Who’s Responsible for Maintaining Ditches and Culverts in HL?

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The responsibility for the maintenance of ditches and culverts on private property in 4th class cities in Missouri can vary depending on local ordinances and regulations. 4th class cities in Missouri have a degree of autonomy in enacting their own local ordinances, so the rules regarding the maintenance of ditches and culverts can differ from one 4th class city to another.

The author of this post is not an attorney. However, from this layman’s perspective, Section 215.010 of the Houston Lake City Code, addresses nuisances affecting health, safety, welfare, and prosperity within the city. While it does mention interference with “gutter, sewer or natural drainage,” it doesn’t explicitly define who is required to maintain ditches and culverts on private property.

However, the statute contains a broader provision (Section B) that makes it unlawful for any owner, lessee, occupant, or their agents to cause, permit, or maintain a nuisance on any lot or land within the City of Houston Lake or within one-half (½) mile of its corporate limits. This provision is general and doesn’t specify ditches and culverts but encompasses a wide range of nuisances.

In essence, the statute establishes a general responsibility for property owners, lessees, occupants, and their agents to avoid causing or permitting nuisances on their properties.

In short, ditches and culverts are the responsibility of their owner or owner agent.

Drainage ditches and culverts in yards

If you have a drainage ditch that runs through your private property, you, the property owner are responsible for maintaining it. This means cleaning out excess leaves and debris so the water can run through. Another way to keep them clean is to make sure that grass clippings from the lawn mower are not ending up in the drainage ditch. Don’t allow pollutants, fertilizers, or pet waste into the drainage system. And lastly, keep your culverts clear of stone or dirt.

Culverts and ditches on public property

Culverts crossing public roads and ditches and or culverts on public property are the property of the people, and the city government is the people’s custodian. Roadway drainage ditch and culvert maintenance is the responsibility of the city. The management of roadway stormwater helps keep the roadways safe. It also helps reduce standing water that can cause cars to hydroplane. Proper maintenance also slows the deterioration of roadways which poor drainage can lead to.

To get a more precise understanding, it is advisable to consult the full text of the city code and/or your favorite legal resource directly for clarification.