Change in law makes it illegal to block any drainage

The St. Charles Parish Council voted unanimously on Monday to amend an ordinance that makes it illegal to block any drainage infrastructure in the parish.

Previously, the ordinance prohibited the blockage of ditches and canals, but now it will include catch basins and drainage infrastructures of any kind.

“The amendment provides a law against blocking any drainage infrastructure that can cause flooding for homes, not just blocking canals and ditches,” said Council member Paul Hogan.

Hogan spearheaded the amendment, which was very similar to an amendment that the council failed to pass in a November meeting that Hogan was absent from.

Hogan said that since that meeting, the committee has come together and discussed the issue.

Hogan had originally wanted the ordinance to be amended to not only include blocking all drainage infrastructures, but to also raise the fine for doing so from $100 to $500. The committee expressed some concerns about that, so the fine was kept at $100.

There were some questions from council members about how this law would be enforced, but Hogan said enforcement is not the issue.

Hogan said he just thinks it is important to use more broad language in the ordinance in case a citation ever went to court and that the way in which the law is enforced will not change.

“A catch basin is not a ditch, and I don’t think that a judge is going to rule that a catch basin is a ditch if this goes to court,” he said. “Now, any infrastructure is covered so that when it goes to court, it’s very clear to the judge and to the people and there won’t be a question of interpretation. All I did was improve the former ordinance.”

Public Works Director Sam Scholle said that although this will technically make it illegal to block drainage, the parish will not wait to cite someone before clearing away debris from drains.

“We do everything we can to prevent someone’s home from flooding because drainage is blocked,” Scholle said at the council meeting.

Scholle said that the parish will usually clear the blockage to make sure no damage is done to homes and then they will try to find the person responsible.