CORRECTED | Diking District proposes assessment: Residents worry tax caters to farmers, leaving homeowners with bill but no benefit

More than 50 Maxwelton landowners will likely see their property taxes go up next year as Diking District 2 commissioners are poised to adopt the area’s first assessment in recent memory.

EDITOR’S NOTE: An earlier version of this story provided the wrong date for the diking district’s upcoming public hearing. The meeting is 9 a.m. Saturday, Dec. 6, at the Little Brown Church.


More than 50 Maxwelton landowners will likely see their property taxes go up next year as Diking District 2 commissioners are poised to adopt the area’s first assessment in recent memory.

The board says the money is needed to fund tide gate maintenance this summer and cover basic operating costs of the district, expenses that have for years been covered by individual property owners, but some residents aren’t too keen about the proposal, one that they say seems to benefit a select few, namely farmers.

The board will hold a public hearing and is expected to vote on the district’s 2015 budget this weekend, a document that proposes to levy $12,500 from 55 property owners using a per-acre assessment of $45.

The meeting is set for 9 a.m. Saturday, Dec. 6, in the Little Brown Church, located on the corner of Maxwelton and French roads.

Established in 1914, the diking district was created to address drainage issues in the lower watershed. It’s managed by a board of three elected commissioners: Mike Brixner, Carolyn Geise and Daryl Vander Pol.

According to Vander Pol, the district’s current boundaries are Maxwelton Road to the west, French Road to the north, Swede Hill and Burley roads to the south and homes up to the 20-foot-height contour along the east. The entire area encompasses about 275 acres.

The assessment is primarily being levied to fund work on the tide gate at Maxwelton Beach. It was installed about 20 years ago, and needs to be cleaned and serviced to ensure it continues to function properly. The funds will also help pay for liability insurance and administrative costs, as the district currently operates without a standing budget, Vander Pol said.

Expenses to advertise the upcoming meeting with mailers, post cards and legal advertisements in the newspaper were all funded by the commissioners.

Similarly, work to maintain drainage ditches has for years been undertaken by individual private property owners rather than with organized and collective efforts by the district and its residents, Vander Pol said. It’s resulted in negative impacts to agriculture and the environment, such as flooded fields and choked streams that hinder wildlife.

Vander Pol added that the board hopes the proposed assessment and subsequent efforts of the district will foster dialogue with the community to address ongoing drainage issues.

“Hopefully we can gain a consensus on how to improve wildlife and farming through district improvements,” Vander Pol said.

The proposed assessment, however, isn’t without critics. Several are questioning the need for the tax, saying there is no obvious benefit other than to serve agricultural interests, largely to prevent flooding of a few farmers’ fields, including those that belong to sitting district commissioners.

“I don’t want to pay for other people’s business expenses … I don’t see how the tide gates will help my property at all,” said Jonathan Evelegh, a district resident.

Evelegh called the situation “complex” and while he shares Vander Pol’s wish to begin a community dialogue about the future of the district, he said he’s simply not convinced the assessment is the right move. He called the proposal “unclear” and believes a visioning process should be undertaken before the board takes action.

Evelegh isn’t alone. In an email to a district commissioner, Freeland residents Bill and Vi Frederick cited several state laws that raised questions about benefits to district residents concerning levied assessments. They said it remains unclear just what they will get out of paying taxes for their land in Maxwelton.

“We fail to see any benefits to the portion of our land parcel that resides in Diking District #2,” the Fredericks wrote. “We do not farm or graze animals on it nor do we intend to. Thus we do not feel we should be assessed at the same rate as those who benefit from farming the land. It should not be based on acreage but tangible benefits received.”

They also proposed in the name of transparency and improved communication with the public that the board take advantage of the Internet. Webpages can be created for free and contain relevant diking district information for residents.

Vander Pol said the board felt the per acreage assessment was the most equitable way to tax district residents. Those with the most to gain, such as farmers who have the most land, will pay the most, he said. Those with small properties that are fractions of an acre will pay just a few dollars, he added.

Addressing benefit, Vander Pol said the board believes everyone will receive some even if they don’t realize it. While some farmers may see more agricultural opportunity, improving drainage in the watershed will serve to protect the freshwater wells and septic systems of residential homeowners.

“There’s a great potential impact to both wells and septic systems … but they don’t see that,” Vander Pol said.

The commissioner also claimed that while he and his wife farm 50 acres of hayfields, Maxwelton Farm, they maintain ditches on their own dime and don’t stand to benefit from the proposed assessment.

“Some people believe we’re doing this from a self-serving standpoint and nothing could further from the truth,” he said.

“This is for the benefit of other farmlands and the those concerned with the health and wellbeing of that stream,” Vander Pol said.