Empathy List Archives

KR

Kay Robbins Wall

Thu, Jun 17, 2021 7:52 PM

Good afternoon,
I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches.
In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage.(All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.)
Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches?
As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance.Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating.Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners?Who is responsible for keeping these rock structures repaired?Who is responsible for keeping these free from weeds and debris?
In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties. This would be an additional legal complication.
Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance?Nuisance abatement?Code violations?Other suggestions?
The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input.
Kay Wall918.689.7737 office

Good afternoon, I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches. In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage.(All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.) Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches? As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance.Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating.Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners?Who is responsible for keeping these rock structures repaired?Who is responsible for keeping these free from weeds and debris? In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties. This would be an additional legal complication. Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance?Nuisance abatement?Code violations?Other suggestions? The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input. Kay Wall918.689.7737 office

TE

Tammy Ewing

Thu, Jun 17, 2021 8:30 PM

Kay,

I have attached my “notes to self” which I copied and pasted a while ago from one or more memo I wrote for Broken Arrow. As you will see, BA can rely on its stormwater management code. Perhaps your towns can adopt such a code or provisions thereof.

Let me know if this doesn’t make sense.

Tammy

From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Thursday, June 17, 2021 2:53 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] ditches

Good afternoon,

I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches.

In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage.
(All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.)

Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches?

As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance.
Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating.
Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners?
Who is responsible for keeping these rock structures repaired?
Who is responsible for keeping these free from weeds and debris?

In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties.
This would be an additional legal complication.

Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance?
Nuisance abatement?
Code violations?
Other suggestions?

The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input.

Kay Wall
918.689.7737 office

Kay, I have attached my “notes to self” which I copied and pasted a while ago from one or more memo I wrote for Broken Arrow. As you will see, BA can rely on its stormwater management code. Perhaps your towns can adopt such a code or provisions thereof. Let me know if this doesn’t make sense. Tammy From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Thursday, June 17, 2021 2:53 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] ditches Good afternoon, I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches. In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage. (All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.) Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches? As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance. Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating. Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners? Who is responsible for keeping these rock structures repaired? Who is responsible for keeping these free from weeds and debris? In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties. This would be an additional legal complication. Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance? Nuisance abatement? Code violations? Other suggestions? The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input. Kay Wall 918.689.7737 office

JM

Jon Miller

Thu, Jun 17, 2021 8:35 PM

Kay,

I would look first to any filed plat. Some developers would include in the dedications language that would dedicate drainage easements to the City which would then be accepted by the City. If the filed plats have dedications of that nature, and indicates the areas as drainage easements, then the City may have responsibility for maintenance. I would then examine the City’s ordinances to see whether they address maintenance obligations. In some instances, the adjacent owner may be charged with responsibility for maintenance of easement areas adjoining their property (typically limited to grass areas between the yard and the edge of the street). I would make this initial check regardless of who constructed the drainage facilities.

I would check to see if there are any filed easements or other documents addressing the drainage way. That can help determine who bears responsibility/ownership of the drainage area.

I would also check to see whether the platted areas include language of dedication that does not include drainage easements, and whether the plat address responsibility for maintenance. If the plat does not, then the restrictive covenants may address maintenance obligations. On plats approved by Mustang currently, we require that the plat include language making the homeowners (usually though the HOA) responsible for maintenance and also stating that the maintenance obligation is intended to benefit and may be enforced by the City. Sometimes the local drainage issues affect drainage within larger areas.

The town hopefully has some ordinances that address the overall storm water drainage issues city wide. And hopefully those drainage ways are within some dedicated drainage easement and would certainly seem to be an easement by prescription if they have been around that long. I would consider obstructing or interfering with city-wide drainage matters to be a public nuisance that could be redressed through an emergency TRO and permanent injunction. The homeowners should be made to understand that the town would protect its interests.

Best of luck.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 883-6266

This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Thursday, June 17, 2021 2:53 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] ditches

Good afternoon,

I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches.

In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage.
(All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.)

Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches?

As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance.
Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating.
Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners?
Who is responsible for keeping these rock structures repaired?
Who is responsible for keeping these free from weeds and debris?

In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties.
This would be an additional legal complication.

Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance?
Nuisance abatement?
Code violations?
Other suggestions?

The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input.

Kay Wall
918.689.7737 office

Kay, I would look first to any filed plat. Some developers would include in the dedications language that would dedicate drainage easements to the City which would then be accepted by the City. If the filed plats have dedications of that nature, and indicates the areas as drainage easements, then the City may have responsibility for maintenance. I would then examine the City’s ordinances to see whether they address maintenance obligations. In some instances, the adjacent owner may be charged with responsibility for maintenance of easement areas adjoining their property (typically limited to grass areas between the yard and the edge of the street). I would make this initial check regardless of who constructed the drainage facilities. I would check to see if there are any filed easements or other documents addressing the drainage way. That can help determine who bears responsibility/ownership of the drainage area. I would also check to see whether the platted areas include language of dedication that does not include drainage easements, and whether the plat address responsibility for maintenance. If the plat does not, then the restrictive covenants may address maintenance obligations. On plats approved by Mustang currently, we require that the plat include language making the homeowners (usually though the HOA) responsible for maintenance and also stating that the maintenance obligation is intended to benefit and may be enforced by the City. Sometimes the local drainage issues affect drainage within larger areas. The town hopefully has some ordinances that address the overall storm water drainage issues city wide. And hopefully those drainage ways are within some dedicated drainage easement and would certainly seem to be an easement by prescription if they have been around that long. I would consider obstructing or interfering with city-wide drainage matters to be a public nuisance that could be redressed through an emergency TRO and permanent injunction. The homeowners should be made to understand that the town would protect its interests. Best of luck. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 883-6266 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Thursday, June 17, 2021 2:53 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] ditches Good afternoon, I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches. In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage. (All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.) Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches? As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance. Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating. Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners? Who is responsible for keeping these rock structures repaired? Who is responsible for keeping these free from weeds and debris? In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties. This would be an additional legal complication. Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance? Nuisance abatement? Code violations? Other suggestions? The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input. Kay Wall 918.689.7737 office

KR

Kay Robbins Wall

Thu, Jun 17, 2021 9:00 PM

Let me add that my towns have very small populations, and do not seem to have plats with platted language, ordinances addressing the issues that you might have raised, stormwater plans, or other written documentation which might guide us.
I believed we had a city ordinance passed years ago requiring homeowners to maintain the ditches, but I am not sure that Ordinance has been located.
I may be resorting to State law / common law.
Kay Wall
On Thursday, June 17, 2021, 02:52:35 PM CDT, Kay Robbins Wall lkrw@sbcglobal.net wrote:

Good afternoon,
I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches.
In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage.(All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.)
Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches?
As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance.Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating.Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners?Who is responsible for keeping these rock structures repaired?Who is responsible for keeping these free from weeds and debris?
In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties. This would be an additional legal complication.
Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance?Nuisance abatement?Code violations?Other suggestions?
The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input.
Kay Wall918.689.7737 office

Let me add that my towns have very small populations, and do not seem to have plats with platted language, ordinances addressing the issues that you might have raised, stormwater plans, or other written documentation which might guide us. I believed we had a city ordinance passed years ago requiring homeowners to maintain the ditches, but I am not sure that Ordinance has been located. I may be resorting to State law / common law. Kay Wall On Thursday, June 17, 2021, 02:52:35 PM CDT, Kay Robbins Wall <lkrw@sbcglobal.net> wrote: Good afternoon, I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches. In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage.(All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.) Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches? As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance.Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating.Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners?Who is responsible for keeping these rock structures repaired?Who is responsible for keeping these free from weeds and debris? In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties. This would be an additional legal complication. Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance?Nuisance abatement?Code violations?Other suggestions? The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input. Kay Wall918.689.7737 office

MR

Mark Ramsey

Fri, Jun 18, 2021 10:34 PM

A couple of my towns have had similar issues. Although the law is not entirely clear, it appears that the Town has the duty to pay for maintenance of storm drains and drainage ditches. See, 11 Okla. Stat. §37-205. In addition, the town could be held liable for damage caused by failure to maintain a storm drain or drainage ditch. See, Richards v. City of Lawton, 1981 OK 62, 629 P.2d 1260 (dicta). The Town can, in some instances, assess the cost of construction on adjoining properties. See generally, 11 Okla. Stat. §36-213. If the drainage ditch is part of the road, it may be possible to obtain maintenance from the County. Drainage ditches are usually in the road easement and help keep the road clear of water, but it is not clear if the County has a duty to maintain it.

This is based on research in 2019 and I haven’t found anything else.

Good Luck!

Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.com mailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com mailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.

From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Thursday, June 17, 2021 2:53 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] ditches

Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.

Good afternoon,

I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches.

In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage.
(All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.)

Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches?

As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance.
Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating.
Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners?
Who is responsible for keeping these rock structures repaired?
Who is responsible for keeping these free from weeds and debris?

In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties.
This would be an additional legal complication.

Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance?
Nuisance abatement?
Code violations?
Other suggestions?

The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input.

Kay Wall
918.689.7737 office

A couple of my towns have had similar issues. Although the law is not entirely clear, it appears that the Town has the duty to pay for maintenance of storm drains and drainage ditches. See, 11 Okla. Stat. §37-205. In addition, the town could be held liable for damage caused by failure to maintain a storm drain or drainage ditch. See, Richards v. City of Lawton, 1981 OK 62, 629 P.2d 1260 (dicta). The Town can, in some instances, assess the cost of construction on adjoining properties. See generally, 11 Okla. Stat. §36-213. If the drainage ditch is part of the road, it may be possible to obtain maintenance from the County. Drainage ditches are usually in the road easement and help keep the road clear of water, but it is not clear if the County has a duty to maintain it. This is based on research in 2019 and I haven’t found anything else. Good Luck! Mark H. Ramsey For the Firm Taylor, Foster, Mallett, Downs, Ramsey & Russell, P.C. P.O. Box 309 Claremore, OK 74018 918-343-4100 918-343-4900 fax mramsey@soonerlaw.com<mailto:apixley@soonerlaw.com> The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com<mailto:postmaster@soonerlaw.com> and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Thursday, June 17, 2021 2:53 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] ditches Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail. ________________________________ Good afternoon, I serve several small towns, and two of them are struggling with issues concerning maintenance of the ditches. In some areas, the ditches are smooth and level, and run from the homeowner's lawn to meet the street; at times, the ditches may dip slightly, to allow for drainage. (All my towns are in need of a plan for extensive stormwater runoff, but that is for another day.) Do you have an opinion as to who has the responsibility for mowing and cleaning the ditches? As an additional issue, and one that is more heated, one town has "rock ditches". These were built by the W.P.A. in the late 30s, early 40s, and have served fairly well to assist in stormwater runoff. Some of them are fairly shallow and accessible, and adjacent homeowners keep them cleaned and cleared as part of their lawn maintenance. Major issues seem to exist where the ditches are narrow, steep (perhaps 3 feet or more), and deteriorating. Do you believe these ditches are the property of the Town, inasmuch as the W.P.A. probably built them for the town, and not for the individual homeowners? Who is responsible for keeping these rock structures repaired? Who is responsible for keeping these free from weeds and debris? In addition to the above, some homeowners adjacent to the rock ditches have threatened to obtain dirt and fill the ditch in to make a lawn that extends to the street, and is level. This would block the flow of water through the ditch, and could cause water to pool in the street and/ or in their neighbors' properties. This would be an additional legal complication. Depending on your answers on the above, if the homeowner is responsible, how is it suggested that we enforce the homeowner maintenance? Nuisance abatement? Code violations? Other suggestions? The "rock ditches" have become a divided, hotly contested issue in my town, and I thank you for all input. Kay Wall 918.689.7737 office