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  • 5 tips on Ohio drainage law
  • Article

    5 tips on Ohio drainage law

    Ohio Farm Bureau Staff | Posted on

    March 6, 2014



    Drainage

    Water, and the ability to remove it, is extremely important to Ohio farmers. Ohio farmers are often encountering issues with the water on their property, either having too much because of excessive rain or too little because of weather conditions. Ohio’s water law is somewhat limited, so here are five tips to help you understand how water law works in Ohio:

    1. Ohio follows the “reasonable use” legal doctrine for water, drainage and subsurface water disputes. This doctrine states that a landowner may make reasonable use of their land, even though the flow of waters could be altered and cause harm. The landowner does not have liability for that harm unless the harm is deemed unreasonable.

    2. In almost all cases, water disputes must be solved through cooperation or civil litigation. A judge may be necessary to decide whether any harm caused by a landowner’s action was reasonable or unreasonable.

    3. There are two processes farmers can use to accomplish group drainage projects. Both processes involve a landowner filing a petition, either with the Soil and Water Conservation District or the county commissioners. In both cases, the county commissioners have the choice to levy assessments to cover the costs of installing the drainage improvements.

    4. Each county is directed to create a ditch maintenance fund, which is to be used exclusively for the upkeep, repair and maintenance of any drainage improvements constructed through either of the petition processes.

    5. Landowners may also consider developing drainage projects privately, in cooperation with other affected neighbors. These arrangements should be accompanied by written agreements to ensure all parties understand their responsibilities as they pertain to the costs and upkeep of the drainage infrastructure.

    More Landowner Information

    For further explanation of these tips and other information on other topics impacting landowners, Ohio Farm Bureau members can log in and download the Ohio Landowner Toolkit. Not a member? Join today!

    Also, listen to Legal with Leah, a podcast featuring Ohio Farm Bureau Associate General Counsel Leah Curtis discussing topics impacting landowners.

    Editor’s Note: This article was reviewed for accuracy in March 2025.

     

    New and beginning farmers
    My first recommendation in your journey is to start out with a local farming friend or mentor along with joining an organization like Ohio Farm Bureau.
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    Darke County Farm Bureau

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    Clermont County Farm Bureau

    Bringing the farm back to life
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    Trumbull County Farm Bureau

    Youth pathways in Farm Bureau
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    Wyatt Morrow

    Clinton County Farm Bureau

    Giving farmers a voice
    The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
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    Matt Aultman

    Darke County Farm Bureau

    Select Partner Program
    Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
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    Chad Ruhl

    Farm manager, CSI Insurance

    Advocacy
    So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
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    Mary Smallsreed

    Trumbull County Farm Bureau

    Suggested Tags:
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    Ohio Farm Bureau Federation is a member of American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of Ohio. Ohio Farm Bureau Federation programs and services are available only to Farm Bureau members within Ohio. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. The positions of the national Farm Bureau organization collectively are expressed through American Farm Bureau Federation. Any opinions, statements or views expressed through comments or by outside contributors are the express views of those individuals and do not necessarily represent the views of the Ohio Farm Bureau Federation.

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    Ohio Farm Bureau Federation is a member of American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of Ohio. Ohio Farm Bureau Federation programs and services are available only to Farm Bureau members within Ohio. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. The positions of the national Farm Bureau organization collectively are expressed through American Farm Bureau Federation. Any opinions, statements or views expressed through comments or by outside contributors are the express views of those individuals and do not necessarily represent the views of the Ohio Farm Bureau Federation.

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