Reading your land

Clearing along ditches and drainage ways

Before clearing a ditch, find out whether it is legally yours to clear — a regulated drain has its own authority.

Agricultural drainage is extensive across this region, and a great deal of it takes the form of open ditches, legal drains and drainage ways crossing private property. Vegetation grows in them, reduces their capacity, and owners want it out.

The complication is jurisdictional rather than technical. Many of these are regulated drains under a county drainage board, which carries easements, maintenance responsibilities and rules about what may be done and by whom.

That question comes before the clearing question, and getting it the wrong way round can be genuinely costly.

Find out what you are dealing with first

A private ditch on your own ground and a county-regulated drain look identical from the bank. The difference is legal and it is significant: regulated drains carry easements, the drainage board sets the rules, and maintenance may be its responsibility rather than yours.

The county surveyor's or drainage board's office can tell you whether a given ditch is regulated. That call costs nothing and is the correct first step.

What the vegetation is doing

Not all of it is a problem. Grass and herbaceous cover on a ditch bank holds the bank together; removing it entirely can accelerate erosion and put soil into the channel, which reduces capacity rather than improving it.

Woody growth is usually the actual target — trees and brush that obstruct flow, destabilise banks as they grow and fall, and make the channel impossible to maintain. Distinguishing between the two before clearing is the difference between improving a drain and damaging it.

Access along a wet corridor

Ditch banks are usually the lowest, wettest strip on a property, and machine access along them is limited by exactly the water the ditch is carrying. Work is often only practical in dry periods or from one side.

Where a machine can reach across from firm ground, that is generally preferable to travelling the bank itself, both for the bank and for the operator.

Where this commonly goes wrong

  • Clearing a regulated drain without checking with the drainage board first.
  • Stripping banks bare of all vegetation and accelerating erosion.
  • Pushing material into the channel, reducing capacity and creating an obstruction.
  • Working a saturated bank and destabilising it with machine traffic.
  • Assuming a ditch on your deed is entirely yours to manage as you see fit.

Equipment typically involved

  • An excavator working from firm ground and reaching across, rather than travelling the bank
  • A mulching head on an excavator arm for woody growth on banks
  • A skid steer with a brush attachment where the bank is firm and accessible
  • Hand work close to structures, tile outlets and headwalls

Permitting considerations

  • Regulated drains are governed by the county drainage board, which is the authority on what may be done and by whom.
  • Work affecting a stream, wetland or waters beyond a simple agricultural ditch can involve state or federal requirements.
  • Spoil placement from ditch cleaning has its own rules and cannot simply be pushed anywhere.

Weather and ground conditions

  • This work needs a dry window more than almost anything else, since the corridor is the wettest ground on the property.
  • Late summer through winter is usually the practical period.
  • Bank work in saturated conditions damages the thing you are trying to improve.

Timing

When to ask for estimates

  • After establishing whether the drain is regulated and what is permitted.
  • Ask for it by the running foot, since it is corridor work.
  • Ask what happens to the material removed and where spoil is placed.

Send the project details when it is — one short form, written for independent contractors working your county, free and with no obligation.

On the walkthrough

Questions worth asking

  • Have you checked whether this is a regulated drain?
  • What vegetation are you removing and what are you leaving on the bank?
  • Are you working from the bank or reaching from firm ground?
  • Where does the spoil go?

Questions

Common questions on this

Can I clear the ditch on my own property?

Not necessarily, and this is the question to settle first. Many ditches here are regulated drains under a county drainage board, which carries easements and rules about what may be done and by whom — regardless of whose deed the ground is on. The county surveyor's or drainage board's office will tell you, and the call is free.

Should all the vegetation come off the bank?

No, and doing so can make things worse. Grass and herbaceous cover holds the bank together; strip it and you accelerate erosion and put soil into the channel, reducing capacity. The usual target is woody growth that obstructs flow and destabilises banks. A contractor who wants to take everything down to bare earth is not necessarily improving the drain.

Why can this only be done at certain times of year?

Because a ditch corridor is the lowest and wettest strip on the property, and it is carrying water. Machine access is limited to dry periods, and working a saturated bank destabilises it. Late summer through winter is usually the practical window here.

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