White | Managing Editor
LYNDON—The proposed construction of wetlands near Burlingame
could become bogged down in a conflict between the federal government
and county regulations unless the property owner applies for county
land use permits, the Osage County Commission heard Monday.
Dale, Osage County land use coordinator and floodplain manager,
reported to commissioners that she had been notified of a plan to
develop wetlands on land owned by Dennis Reamer. The proposed two-pool
wetland is to be located east of Dragoon Creek, northeast of the
intersection of Hoch Road and 189th Street, approximately 1.5 miles
southwest of Burlingame.
Dale presented information to the commissioners showing the Kansas
Department of Agriculture Division of Water Resources approved the
Natural Resources Conservation Service wetland reserve program project
“But they didn’t get any types of (county) permits,
imagine that,” Dale said.
She said she had contacted Lynn Thurlow, a NRCS soil conservationist,
and was told the NRCS did not need county permits for the project
and that the agency is not required to submit the project’s
plans to the county.
Dale said her main concern about the project is its possible effect
on the designated flood plain. She said that due to the county’s
inclusion in the National Flood Insurance Program, the county must
comply with federal guidelines requiring all projects in a flood
plain to be locally reviewed and permitted.
“If they do not have all the proper permits, we can be fined
for it,” Dale said. “We’ve got to have documentation
to keep us out of trouble with the federal government according
to the flood program.”
She said she had contacted several state agencies about the county’s
authority to review the plans.
“Everybody I talked to – I do have the right to have
the plans so I can make for sure it’s not going to encroach
on anybody else,” Dale said. “If they’re bringing
in fill … it could affect the flood zone and it could affect
“Just because they’re a federal agency does not mean
they don’t have to play by the rules,” Dale said. “They
expect us to play by the rules.”
“They do a lot of times get away with stuff that nobody else
can get away with,” Osage County Commissioner Ken Kuykendall
Dale said she had sent a letter to Reamer informing him that the
county requires a flood plain development permit for the project,
and proceeding without county permits could be a violation of county
land use regulations. She noted that government entities do not
have to pay a fee for county land use permits, but are required
to apply for the permits.
Dale also reported she had heard complaints about the proposed project
from a couple of nearby residents who were concerned about effects
of the wetland on their property.
Osage County Commissioner Mike Pruitt advised Dale that if requests
for the project plans go unheeded, she should discuss it with county
counselor Delton Gilliland.
Dale also informed commissioners about other land use issues she
has recently handled. One was an application for a building permit
for a residence outside the city limits of Osage City.
Dale said she was contacted by Osage City Manager Nick Hernandez
who was concerned about the county’s jurisdiction over a tract
of land that is split by the city limits boundary line. She said
that Scott Williamson plans to build a house outside the city limits
on the property bordered on the south by 245th Street, a minimum
maintenance road, and on the west by Osage City’s Ninth Street.
Dale said she suggested to Hernandez that the city annex the property
if local control of the property is desired.
The other land use issue brought up by Dale was property near Pomona
Heights subdivision that had been re-platted as a subdivision for
four houses. A previous owner of the property had contacted Dale
with concern about a previous agreement that stipulated only two
homes could be constructed on the property. Dale said that with
sale of the property to a new landowner, the previous agreements
no longer applied. She said she had no authority over the re-plat,
and the concerned individual’s only recourse would be in civil
In other business, the commissioners:
• met with Byron Jordan, Osage County Senior Center director,
to discuss the resignation of Donald Chesmore as the center’s
custodian and maintenance man. Commissioners accepted Chesmore’s
While speaking with Jordan, commissioners also reiterated their
agreement to fund the center’s medical driver program until
the end of the year. State funding has been cut for the program
that pays mileage to transport elderly people to medical appointments.
The program is expected to cost the county about $600 per month.
• noted the county’s surplus property auction was to
be held at 4:30 p.m. Thursday behind the road and bridge department,
• approved a right-of-way request from Century Link to place
a telephone line under Michigan Road in the east part of the county.