OEC - Water

Rivers, Streams, Wetlands - Ditches & Water Quality

Ohio’s ditch laws confer broad authority to landowners and local governments concerned with real or perceived flooding or drainage problems to petition local governments to deepen, straighten, alter, tile, fill or change the course or location of any ditch, drain, watercourse or floodway. These ditch projects are referred to in Ohio law as “improvements” yet they often involve cutting down trees and vegetation along streambanks and deepening or straightening the waterway. In most cases, no environmental review is required. Landowners in the watershed drainage basin are assessed for the cost of the ditch project. Landowners are also charged for maintenance costs.
See More Ditch Photos

Some parts of Ohio’s ditch law originally were created in response to the devastating 1913 flood in order to prevent and control future flooding. While some sections of Ohio’s Ditch law were created or later updated in the 1950’s, many portions of the law pre-date the Clean Water Act or the creation of the Ohio Environmental Protection Agency, and thus often conflict with the Clean Water Act‘s mission to restore the chemical, physical, and biological integrity of Ohio’s waterways and local watershed restoration efforts. While ditch projects and ditch maintenance activities’ aim is to improve agricultural drainage or reduce flooding, they often destroy wildlife habitat, pollute water, and in some cases can actually increase downstream flooding.

Ditch projects can be conducted through one of three mechanisms:

1) Ohio County Ditch Law (PDF), (ORC § 6131) commonly referred to as Ohio Drainage Law or Petition Ditch Law which is administered by county commissioners and engineers;

2) Conservation Improvement projects (PDF) (ORC § 1515) commonly called Senate Bill 160 projects which are administered by Soil and Water Conservation Districts; and

3) Conservancy District Ditch Law (PDF) (ORC § 6101) which are administered by Ohio’s 19 active Conservancy Districts.

(These fact sheet are available PDF files so you may print high quality originals at your location.)

OEC Files Verified Complaint to Protect Bee Run from ditch project

Bee Run is a naturally occurring waterway that drains into the Olentangy River in Marion County. Bee Run was channelized several times between 1893 and 1951. Since that time, however, segments of Bee Run have recovered from these past activities and is home to a variety of fish and other wildlife.

Citing incomplete drainage of some farm fields, landowners in the Bee Run watershed used Ohio’s Single County Ditch laws (PDF) (ORC § 6131), to petition Marion County to improve agricultural drainage. The Marion County Engineer has proposed to remove all trees and vegetation along both banks of Bee Run to create over four miles of open ditch.

The OEC filed a verified complaint with the Ohio EPA over violations of Ohio antidegradation, and to require Clean Water Act permits for the project. Despite decades of agency inaction toward environmentally detrimental ditching projects, the Ohio EPA investigated the Bee Run Project and ordered Marion County to obtain all the necessary permits before channelizing the stream. While, Marion County has asserted that the state does not have jurisdiction over Bee Run, the Ohio EPA has expressed to OEC the intention to protect this quality of this water of the state. OEC will continue in its work with to protect this and other headwater streams from an unnecessary Ditch Sentence.

Working toward solutions – ODNR’s Rural Drainage Advisory Committee

By bringing the water quality issues surrounding Ohio’s drainage ditches to the forefront, Ohio’s state environmental and conservation agencies have been forced into action. OEC is also working collectively with the Ohio Department of Natural Resources (ODNR), the Ohio EPA, County Soil Water Conservation Districts, Farm Bureau and the Nature Conservancy on ODNR’s Rural Drainage Advisory Committee to develop environmentally friendly Best Management Practices for drainage maintenance and construction. OEC is working with these groups and agencies to find workable solutions to provide the drainage necessary for Ohio’s farmers and landowners while at the same time protecting the quality of the waters of the state of Ohio.

Ditch Photos