Understanding Responsibility for Drainage Tile Within County Right of Way

Subsurface drainage issues in rural areas often involve questions about who owns, maintains, or must repair underground tile systems that pass beneath public roads or exist within public right of way. This section summarizes the law and the Montgomery County Engineer’s responsibilities.

Two Categories of Drainage Improvements

Ohio law distinguishes between:

  1. Public Drainage Improvements — formally established under Ohio Revised Code (ORC) Chapters 6131, 6133, or 6135, involving petitions, surveys, and assessments to benefiting properties.
    • These systems are public infrastructure maintained under ORC Chapter 6137.
  2. Private or Mutual Agreement Drainage Systems — installed historically by landowners without formal adoption.
    • These remain private property and are not maintained by the County.

If a tile was not created through the petition process and carries subsurface drainage from private property, it remains a private system, even if it passes beneath or alongside a public roadway within public right of way.

Ownership and Maintenance Responsibility

Private tile systems are the responsibility of the private landowners who benefit from them. Courts have consistently affirmed this principle, recognizing that these systems serve a private, not public, purpose. The County Engineer does not maintain or fund repairs for private tile, even when located in a public right of way.

The County’s permission to allow private facilities, such as drainage tile, utilities, or driveways, within the right of way does not transfer ownership or maintenance duty to the County. Under ORC 5547.02, private pipelines or tile placed in a public road right of way must not interfere with public travel or damage the road. Private landowners must ensure that their facilities remain in good repair. Please visit our website for more information about permit applications. Permit Applications | Montgomery County Engineer

County Authority When a Tile Failure Affects the Road

When a private tile failure undermines or damages a roadway, the County Engineer has authority under ORC 5547.03 to:

  1. Notify the responsible property owner to make repairs;
  2. Allow a short period for voluntary correction; and
  3. If necessary, complete the work to restore the road and recover costs.

The County may recover its costs either:

  • As an assessment placed on the property tax duplicate, or
  • Through civil action against the responsible owner.

Key Takeaways for Township Officials, Montgomery County Soil & Water District, and Private Landowners

  • Tile systems installed privately are not county-maintained.
  • County forces will respond when a tile failure affects public road safety, but repair costs may be recovered from the responsible or adjacent private landowner.
  • County Engineer, Soil & Water District staff, and Township staff should advise residents that long-standing agricultural or private drainage tile systems remain private unless formally adopted through the ORC 6131 petition process.
    • Reference memorandums of understanding executed and approved through Board of County Commissioners Resolution Nos. 84-1646 and 01-2041 for cooperative agreements establishing the Montgomery County Soil & Water District’s role in ditch petition and group drainage projects.

Policy Intent

This policy reflects a consistent statewide legal framework ensuring that public funds are used only for public drainage improvements while maintaining road safety and preserving private ownership rights. MCEO’s role is to safeguard public roadways and bridges and coordinate lawful remedies when private drainage facilities impact county roads and bridges.