A: When a lot or a tract of land has a designated public drainage easement, it is important to understand what that means to the property owner and/or fence contractor. Easements are typically located in the rear and/or side yard of a property but can be located elsewhere on a property. A property or site survey should show all dedicated easements. During the course of fence construction, the property owner or contractor acting on behalf of the property owner, has the responsibility to be certain that the drainage easement is not disturbed without City prior approval. Obviously you cannot build a structure in an easement, but it is also important to remember that you cannot obstruct or alter storm water drainage in a drainage easement as stated in Section 42-63 of the Salina Code (ordinance #04-10219):
“No property owner may construct maintain or allow any natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fences, walls or pole signs) within any drainage easement dedicated, purchased or otherwise granted to the public which the City Engineer finds obstructs, impedes, or otherwise interferes with the drainage of stormwater. Drainage easements shall not be filled or otherwise physically altered without the written approval of the City Engineer.”
If you have any questions about this ordinance please contact Engineering at (785) 309-5725. (updated 12/2016)