On March 27, 1861, the Ohio General Assembly passed a law “to provide for locating, establishing and constructing ditches, drains and watercourses” in the state.  This law gave the Board of County Commissioners when in their opinion “be conductive to, the public health, convenience or welfare, to cause to be located, established and constructed…any ditch, drain, or water-course, within such county. A petition is filed in the commissioners’ office requesting the establishment or improvement of a ditch, drain or watercourse.”  The commissioners view the petitioned ditch and the county engineer prepares a preliminary report on the costs and feasibility of the project.  A public hearing is held to hear any

evidence by the abutting property owners for or against granting the proposed improvement.  If the commissioners decided to proceed then the county engineer surveys, develops plans and finalizes the estimated cost of construction in a detailed report, including creating a map of the proposed ditch project with the estimated number of acres drained.  The county auditor prepares an assessment list, so those benefited from the project pay a portion of its costs.  A final public hearing is then held for those benefited by the project to hear evidence either in support or against the county engineer’s report or the auditor’s assessment.  If the petition is granted and the engineer’s report and auditor’s assessments are accepted then the project is put out to bid and after a review of the received bids the commissioners award a contract.  If the petition is granted or if it is dismissed the owner may appeal the decision of the commissioners to the court of common pleas.

The most significant change in the law since its inception occurred on August 23, 1957, when O.R.C. 6137 went into effect.  This law required the county commissioners to establish and maintain a fund for the repair, upkeep, and permanent maintenance of each improvement constructed under the provisions of the drainage laws.  An annual assessment is placed on those benefiting from the original ditch improvement and the funds are place in the specific ditch maintenance fund for the annual repair and upkeep of the ditch.

Please see the township Watershed Maps for overall ditch projects located in individual townships and for more information about individual ditch projects please see Union County Ditch Projects Index.