Northport Council says beaver dam on private property is public nuisance


The Northport City Council has declared a beaver dam on private property south of Forest Glen subdivision a public nuisance for causing flooding and pest issues. Members have also authorized a final attempt to negotiate a solution with the property owner before taking the matter to circuit court.

“If you can imagine a 3-acre tire with water in it breeding mosquitoes, that is what you got,” City Attorney Ron Davis said.

The beaver dam is on property in the 13000 block of Pine Hill Road in the police jurisdiction outside of the Northport city limits. The property’s owner is James D. Taylor.

With Council President Jay Logan absent, the council on Monday voted 4-0 to declare the beaver dam a public nuisance adversely affecting public health and safety for nearby residents. The council authorized City Administrator Bruce Higginbotham to negotiate with Taylor for the immediate removal of the nuisance at the city’s expense.

During a public hearing on Monday about the beaver dam on his property, Taylor said he was willing to take steps to mitigate flooding but he was unwilling to let the city have access to the property to completely remove the impoundment of the Haley Branch created by the dam, which he said he had stocked with fish.

“I am willing to work on that, but I am not willing to let my pond go,” Taylor said.

In the event the city and Taylor are unable to reach an agreement, the resolution authorizes Davis to file a lawsuit in circuit court seeking access to the property to remove the nuisance, trap the beavers and obtain a permanent easement to prevent the reoccurrence of the nuisance, if necessary by condemnation of a portion of the property.

Davis said the city has been unsuccessful so far in reaching an agreement with Taylor on the beaver pond, which has been responsible for multiple complaints from residents in Forest Glen Gardens, Huntington Forest and Bristol Park whose homes are nearby or abut the property.

“If we could handle it any other way without going onto Mr. Taylor’s property we wouldn’t be here,” Davis said.

The city has an existing agreement with a contractor approved by the U.S. Department of Agriculture to trap and remove beavers and dams that create nuisances, Davis said. Davis and Police Chief Gerald Burton said the contractor indicated access to Taylor’s property was needed to remove the problem.

“He has assured us the best and possibly the only way to take care of this is to have access to Mr. Taylor’s land,” Burton said.

Burton estimated the dam is 12 to 15 feet tall at its deepest. The dam, which is close to Taylor’s residence, needs to be “dug out,” the chief said.

The structural strength of the dam is also an unknown, Davis said, raising a safety concern about flooding downstream in the event of a failure.

“Not many beavers I know have engineering degrees. That is a problem that is going to exists if it is let to stay,” Davis said.

During the public hearing, the residents who spoke said they were concerned about safety and complained about flooding, fallen trees killed by the impoundment and snakes and swarms of mosquitoes in their yards.

“We get calls of snakes. I get pictures sent to me. They kill snakes almost every day,” Burton said.

Jeff Powell, who lives on Monroe Avenue in Forest Glen, moved into his home in 2015. The impoundment has grown each year, killing more trees. Powell said trees have fallen on his property and his biggest concern is safety.

“Our concern is where does it stop and how much more will it continue to pool up,” he said.

Lisa Hembree, who is the parent of a 5-year-old and a 9-year-old, also said safety was her primary concern, noting flooding and pests on her property.

“We are killing snakes daily. We have mosquitoes and other animals,” she said. “Water is less than 10 yards from the fence line.”

Hembree, who bought her home in 2013, said flooding was not an issue when the family moved into the house.

Councilman Robby Davis said he had seen the nuisance firsthand during a visit to Phillip Carlo’s residence in the fall to watch a football game.

“You could not sit outside because of the mosquitoes that were in his backyard,” the councilman said.

Carlo said the water is beginning to seep into his yard.

Taylor told the council he was unaware the water level had risen so high it was flooding nearby properties. He also disputed the characterization the pool was stagnant, saying the pond was fed by the creek and springs.

“I am willing to take measures to lower the water level, but I am not willing to allow access to my property to do away with my pond,” he said.

Taylor said his family has owned the property for decades, and the pond was present when the residents moved into the neighborhoods nearby.

“You move next to a wooded area you have wildlife,” Taylor said.

Taylor did not elaborate on his comments from the public hearing after the council vote.

“Mr. Taylor I understand your point. When you buy a piece of property you sometimes get the risks that are behind it,” Councilman Tony Roberts said ahead of the vote, adding he also understood safety concerns about falling timber because of the flooding in a potentially artificially created wetland.

Roberts stressed the first step after the resolution’s approval would be further negotiations. One of issues that could potentially shape the city’s response and possible solutions is a determination whether the area is a wetland, he said.

There is no timeline or deadline for negotiations with Taylor, Higginbotham and Davis said.

“If it looks like they are making progress, we will see. If not, we will go ahead and go to court,” Davis said.

While Davis said a compromise could be possible, he said the city would have to consider federal guidelines, noting the contract with the U.S. Department of Agriculture. Higginbotham said the federally-approved contractor will need to access to assess the dam before considering possible compromises.

I know exactly where that is.......probably only a 1/4 mile from our house "as the crow flies". It may have started as a beaver dam, but I suspect he added to it/reinforced it. Now, it's backing up into people's yards in the neighboring subdivision....

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I like beaver ponds

Cliff notes?

Man owns land, beavers made pond, pond is huge now. Neighbors are pissed cause pond is on/approaching their property. Also in Tuscaloosa and no Roll Tide flags, must be Booger.

Beavers dammed up a creek on dudes property. Now its flooding yards in neighboring subdivision. Dude likes the flooding because he stocked his new "pond" with fish and refuses to let the county remove it to mitigate the flooding.

From listening to the guy’s interview, I’m pretty sure he just caught some fish in the river and put them in his pond. In his mind, that’s stocking a lake.

It works lol

👍🏻

Just rode by there....place looks the folks got kicked out of Walker Co for being too trashy. If there's not some meth cookin' going on in there I'll eat my hat.

Pissed neighbors, or pond guys house?

Pond guys house

The city will use tax payer money to litigate him into compliance.

Best flood control is a dam built by beavers , never heard of one breaking, look at all the dams that have failed out west in last cyclone rain, guess they ought ship the beavers out west

I like the arrogance of the city attorney. “Not many beavers I know have engineering degrees”

Oh yeah? Beavers have been building dams a lot longer than we have, and I haven’t seen the city attorney build a dam with his teeth and bare hands either. But who am I to go criticizing his capabilities?

If I were on the jury I would tell the council to pound sand.

In all seriousness, if it was flooding my yard. I’d just kill the beaver. Over corn.

Yep. They're amazing engineers.

who was there first? Guy with Beavers or "new" subdivision? sounds like some piss poor planning if the guy with the beavers was there first.

this is like near a Navy or Air Force base where they fly jets. Military built the base in 1930, been flying airplanes out of the field for 80 years. someone builds a house at the end of the runway and starts writing congress about the noise..give me an effing break!

Don’t go blaming the planners for it. They did their job. Everybody wants a good beaver hanging around the house.