ESCONDIDO - A homeowner in southern Escondido is in hot water with state and city officials for trying to solve his backyard erosion problems by assembling a makeshift rock tower in the creek behind his home.

"When you try to be a little proactive, you run into problems," said John Miller, who has owned his home on Verda Avenue for nine years. "I just put some rocks in the bottom of the creek to stop the erosion in my yard."

After receiving a complaint about the rocks, city officials contacted Miller and then sent a code enforcement officer to his house last week to discuss the rock tower, said Leslie Milks, the city's code enforcement manager.

"There were a couple of issues there," said Milks. "He brought in too many rocks, and he placed them in a creekbed. Any alteration of a creekbed has to be approved by (the state Department of) Fish and Game."

Miller said he was subsequently visited by someone from Fish and Game, who told him they would return this fall to recommend some remedies.

Meanwhile, Miller said that he has left the rock pile in the creekbed so that he can prevent erosion.

"I haven't changed anything because I'm a little confused," said Miller. "And I'll lose more of my yard without the rocks."

About one-third of his

1-acre lot has been cut off by the Escondido Creek, which Miller said has been flowing more forcefully since several condominium projects were built nearby his home on Citracado Parkway and Escondido Boulevard.

"The city knows about the problems we've been having over here with erosion," said Miller, explaining that a handful of homes in his neighborhood are losing their yards. "But the city claims it's not their problem."

Miller said the erosion has created an open swath that is about 20 feet by 25 feet.

"It's actually a nice little microclimate, but it's just a drainage ditch," Miller said.

Miller said concerns that the upcoming winter may be wetter than usual prompted him to build the rock tower, which he estimated was about 10 feet above the surface of the water.

Milks said the city's engineering department will continue to pursue the issue with Miller, explaining that the rock tower might be in a public right of way.

"We'd prefer to have everything removed," said Milks. "He can go through the normal process to do grading outside the creek, but we can't approve anything for the creek."

Milks said it is rare, but not unprecedented, for residents to unilaterally decide to alter creekbeds.

Contact staff writer David Garrick at (760) 740-5468 or dgarrick@nctimes.com.