Understanding Ohio's Ditch Laws

November 2026

The following information was provided in the November 2026 Grassroots Clipping Newsletter. The newsletter is published by the Ohio Township Association and is part of their "Did You Know?" series.

You receive a call from a resident about standing water and drainage problems in a ditch in their front yard. The resident assumes the township is responsible because they live in the township. However, just because a ditch is within the township does not automatically make it a township responsibility.

Ohio Revised Code Chapter 6131 places authority for the county petition drainage improvement process with the board of county commissioners. For drainage improvements under Chapter 6137, the county engineer supervises repair and maintenance. The costs for these projects are generally assessed to benefitting properties.

Townships do have responsibilities for drainage needed to maintain and protect roads under their jurisdiction. Pursuant to R.C. 5571.02, trustees are generally responsible for keeping township roads in good repair. Trustees should distinguish between a ditch serving a township road, an established county drainage improvement, and a private drainage concern. A drainage feature's location within the township road right-of-way does not, by itself, establish township responsibility for its maintenance.

Townships generally have no obligation to correct drainage problems serving only private property. However, private ownership does not necessarily prevent authorized work needed for township road drainage. Under R.C. 5543.12(A), the county engineer, or someone acting under the engineer's authority, when authorized by the board of township trustees, may enter land adjacent to a highway to open or construct a ditch or drain for highway drainage. Before committing public funds or equipment, the township should confirm with legal authority and any applicable access requirements.

With the rainfall this past summer, maintaining ditches is on everyone's mind. Proper maintenance of township road drainage helps prevent flooding and further road deterioration that could increase repair costs. Understanding ditch law helps trustees determine where township funds and resources may appropriately be used.