Concord Twp. field flood concerns

By Melanie Yingst -

CONCORD TWP. — Concord Township trustees fielded several water related issues at their regular meeting on Wednesday.

The trustees reviewed an opinion from the Miami County Prosecutor’s Office regarding flooding issues in the Boone Creek area in the Creekwood subdivision.

In June, a resident in the area of Swailes Road addressed the trustees about blockages in Boone Creek causing water to overflow in the neighborhood and onto Swailes Road at times of significant rainfall.

Trustees noted that Boone Creek maintenance is residential property and their responsibility. Both Peters and Swailes roads are county roads and not township responsibility.

Miami County Prosecutor Tony Kendall’s opinion states the township is only responsible if the obstruction constitutes a nuisance.

“If the (Concord Board of Township Trustees) decides the obstruction does not constitute a nuisance, Concord Township may not clean out the creek bed or force the landowner to do so,” according to the written opinion obtained by Troy Daily News with permission of the trustees.

If the trustees declare an obstruction in a creek is a nuisance, it is required to follow the mandates of the Ohio Revised Code.

Trustee Don Pence said he would advise the resident of the decision. Pence said a copy of the prosecutor’s opinion would help guide the township when and if other concerns are brought up by residents who may have questions about periodic flooding in and around creek areas.

Pence said it was his opinion that if periodic flooding was causing property damage among one another, such as a flooded garage, it isn’t a public nuisance, but a matter of civil action between residents.

Mercer echoed Pence’s opinion, adding it was the homeowner’s responsibility to maintain their area of the creek on their property.

“As much as we would like to help people, I don’t think there’s anything we can do,” Mercer said. Pence said neighbors should work together to help solve the obstruction issues within their property and creek areas.

“We can encourage and coach, but we can’t do,” Pence said.

Ron and Roland Peters attended the meeting to discuss flood issues on their farmland in the area of Forest Hill Road. Ron Peters said large rainfall events, which they believe have increased in the last few years, aren’t draining as quickly off their farmland. They said the tile is draining surface water slowly, but they would like to install tile to drain surface water into a ditch across the road. Peters said the issue isn’t underground water, just surface water during large rain events which can take a week to dissipate causing crop damage. Trustees asked if the Peters discussed the issues with adjacent landowners, which Ron said they have not at this time.

Trustee Bill Whidden said his main concern, with all water-related issues, is “if we fix this problem here, do we cause a problem somewhere else, I don’t know the answers to that. This issue comes up every year.”

Whidden said the trustees will review the Peters’ information and will let them know what the township can do.

“This comes up all the time, quite honestly, this calendar year, we’ve had more people address us with flooding issues,” Whidden said.

In other news:

Miami County Sheriff’s Office Lt. Mike Whaley reported the sheriff’s office recently acquired a new radar system which can collect data and speeds on roadways. Whaley said the office plans to place the equipment on Peters Road to track traffic volume and average speeds. Whaley said he has personally performed nine traffic stops in the area due to speeding. Residents have complained about UTC Aerospace traffic in the area. Trustees thanked Lt. Whaley for his update.


By Melanie Yingst