Title Minnesota Statutes, Minnesota Statutes

103E.025 PROCEDURE FOR DRAINAGE PROJECT THAT AFFECTS STATE LAND OR WATER AREA USED FOR CONSERVATION. § Subdivision 1.Applicability. If a land or water area owned by the state and held or used to protect or propagate wild animals, provide hunting or fishing for the public, or for …

103E.031 CONNECTION WITH DRAINS IN ADJOINING STATES. § Subdivision 1.Procedure. If it is necessary to construct a drainage project at or near the boundary between this state and another state or country and the work cannot be done in a proper manner without extending the drainage…

103E.035 DEFECTIVE NOTICE. If notice is required under this chapter and proper notice has been given to some parties but the notice is defective or not given to other parties, the drainage authority has jurisdiction of all parties that received proper notice. The proceedings may …

103E.041 PERSONAL SERVICE IN LIEU OF OTHER METHODS OF NOTICE. If notice is to be given under this chapter, personal service at least ten days before the date of hearing may be given in lieu of the manner provided. The notice must be served in the manner provided for the service o…

103E.043 INFORMAL MEETINGS. A drainage authority may hold informal meetings in addition to the meetings and hearings required in this chapter to inform persons affected by the drainage system about the drainage proceedings and provide a forum for informal discussions. History: 19…

103E.045 FAILURE TO ATTEND HEARINGS; DRAINAGE AUTHORITY. If an order has been made and notice for a hearing given under this chapter, and the drainage authority does not appear at the time and place specified for any reason, the auditor shall continue the hearing to a date set by…

103E.051 DEFECTIVE PROCEEDINGS. (a) A party may not take advantage of an error in a drainage proceeding or an informality, error, or defect appearing in the record of the proceeding or construction, unless the party complaining is directly affected. The modification of the benefi…

103E.055 REIMBURSING COST OF FORMER SURVEYS WHEN USED LATER. If after a proceeding has begun a survey has been made and a proceeding to establish a drainage project has been dismissed or the drainage project has not been established, and if all or a part of the former survey is u…

103E.061 RIGHT OF ENTRY. In proceedings under this chapter, the engineer, the engineer's assistants, the viewers, and the viewers' assistants may enter any property to make a survey, locate a drain, examine the property, or estimate the benefits and damages. History: 1990 c 391 a…

103E.065 DRAINAGE INSPECTORS. In counties or watershed districts having drainage systems constructed in accordance with this chapter, the drainage authority shall appoint a competent person as drainage inspector. The inspector must not be a county commissioner. The inspector may …

103E.071 COUNTY ATTORNEY. The county attorney shall represent the county in all drainage proceedings and related matters without special compensation, except as provided in section 388.09, subdivision 1. A county attorney, the county attorney's assistant, or any attorney associat…

103E.075 OBSTRUCTING DRAINAGE SYSTEM. § Subdivision 1.Notice to responsible party. If the board determines that a drainage system has been obstructed, including by the installation of bridges or culverts of insufficient hydraulic capacity, the board shall notify the person or pub…

103E.081 CRIMES RELATED TO DRAINAGE SYSTEMS; PENALTIES. § Subdivision 1.Unauthorized drain outletting. A person may not cause or construct a drain that outlets into a lawfully constructed drainage system except as provided in this chapter. § Subd. 2.Obstructing or damaging. A per…

103E.085 ENFORCEMENT. § Subdivision 1.Warrants and arrests. An enforcement officer, as defined in section 97A.015, subdivision 18, may execute and serve warrants, and arrest persons detected in actual violation of sections 103E.005 to 103E.811 as provided in sections 97A.205 and …

103E.091 APPEALS. § Subdivision 1.Grounds for appeal. A party may appeal to the district court from a recorded order of a drainage authority made in a drainage proceeding that determines: (1) the amount of benefits; (2) the amount of damages; (3) fees or expenses allowed; or (4) …

103E.095 APPEAL FROM ORDERS DISMISSING OR ESTABLISHING DRAINAGE SYSTEMS. § Subdivision 1.Notice of appeal. A party may appeal an order made by the board that dismisses drainage proceedings or establishes or refuses to establish a drainage project to the district court of the coun…

103E.097 ATTORNEY FEES ON APPEAL. If the commissioner of natural resources is a party making an appeal under section 103E.091 or 103E.095 and the commissioner does not prevail on the issues appealed, the court may award attorney fees to the party prevailing on the appeal. If more…

103E.101 DRAINAGE PROCEEDING AND CONSTRUCTION RECORDS. § Subdivision 1.Public records. All maps, plats, charts, drawings, plans, specifications, and other documents that have been filed, received in evidence, or used in connection with a drainage proceeding or construction are su…

103E.105 ADVICE ABOUT DRAINAGE QUESTIONS. The director shall provide advice to a drainage authority or engineer, upon request, about engineering questions or problems in connection with a drainage project or drainage system. History: 1990 c 391 art 5 s 23

103E.111 FIELD SURVEYS AND INVESTIGATIONS BY DIRECTOR. § Subdivision 1.Authorization. If a field survey or investigation of a drainage project or drainage system is determined to be necessary by the director or is requested in writing by the drainage authority, the director may c…

103E.115 HYDROLOGICAL AND DRAINAGE INFORMATION. (a) The director may prepare and publish: (1) runoff data; (2) information about the capacity of drain tile and ditches; (3) specifications for drain tile, ditches, and ditch construction; and (4) standard procedural forms for publi…

103E.121 DRAIN TILE; MANUFACTURING STUDIES. § Subdivision 1.Drain tile; investigations. The director may: (1) investigate the methods used in the manufacture of drain tile; (2) determine the causes of drain tile failure; and (3) conduct research and experimentation to improve the…

103E.202 PETITIONS. § Subdivision 1.Applicability. This section applies to a petition for a drainage project and a petition for repair. § Subd. 2.Signatures on petition. (a) A petition must be signed by a requisite number of owners of 40-acre tracts or government lots and propert…

103E.212 NEW DRAINAGE SYSTEM PROJECTS. § Subdivision 1.Procedure. To establish a new drainage system under this chapter, the petitioners and drainage authority must proceed according to this section and the provisions applicable to establishment of drainage projects. § Subd. 2.Si…

103E.215 IMPROVING DRAINAGE SYSTEMS. § Subdivision 1.Procedure. The procedure in this section must be used to improve an established and constructed drainage system. § Subd. 2.Definition. In this section "improvement" means the tiling, enlarging, extending, straightening, or deep…

103E.221 IMPROVING OUTLETS. § Subdivision 1.Conditions for improving outlets. If a public or private proposed drainage project or existing drainage system has waters draining into an existing drainage system, watercourse, or body of water, and the construction or proposed constru…

103E.225 LATERALS. § Subdivision 1.Petition. (a) Persons that own property in the vicinity of an existing drainage system may petition for a lateral that connects their property with the drainage system. The petition must be signed by at least 26 percent of the owners of the prop…

103E.227 IMPOUNDING, REROUTING, AND DIVERTING DRAINAGE SYSTEM WATERS. § Subdivision 1.Petition. (a) To conserve and make more adequate use of our water resources or to incorporate wetland or water quality enhancing elements as authorized by section 103E.011, subdivision 5, a pers…

103E.231 DISMISSING OR DELAYING PROCEEDINGS; PETITIONERS. § Subdivision 1.Dismissal. (a) A proceeding under this chapter may be dismissed by a majority of the petitioners if they own at least 60 percent of the area owned by all of the petitioners as described in the petition. (b)…

103E.235 DRAINAGE SYSTEM IN TWO OR MORE COUNTIES. § Subdivision 1.Designation. A petition for a proposed drainage project in two or more counties must be designated as a joint county drainage system with a number assigned by the auditor of the county with the largest area of prop…

103E.238 COUNTY ATTORNEY REVIEW OF PETITION AND BOND. The county attorney must review each petition and bond filed with the county to determine if it meets the requirement of the proceedings for which it is intended. The county attorney must review the petition and bond within 30…

103E.241 ENGINEER. § Subdivision 1.Appointment. Within 30 days after receiving a petition and bond from the county attorney, the drainage authority shall, by order, appoint an engineer to make a preliminary survey within a prescribed time. The engineer must be the county highway …

103E.245 PRELIMINARY SURVEY AND PRELIMINARY SURVEY REPORT. § Subdivision 1.Survey. The engineer shall proceed promptly to: (1) examine the petition and order; (2) make a preliminary survey of the area likely to be affected by the proposed drainage project to enable the engineer t…

103E.251 FILING PRELIMINARY SURVEY REPORT. The engineer shall file the completed preliminary survey report in duplicate with the auditor. The auditor shall send one copy of the report to the director. If the proposed drainage project involves a joint county drainage project or sy…

103E.255 COMMISSIONER'S PRELIMINARY ADVISORY REPORT. The commissioner shall make a preliminary advisory report to the drainage authority with an opinion about the adequacy of the preliminary survey report. The commissioner shall state any additional investigation and evaluation t…

103E.261 PRELIMINARY HEARING. § Subdivision 1.Notice. When the preliminary survey report is filed, the auditor shall promptly notify the drainage authority. The drainage authority in consultation with the auditor shall set a time, by order, not more than 30 days after the date of…

103E.265 ORDER FOR DETAILED SURVEY AND SURVEY REPORT. § Subdivision 1.Order. When the preliminary hearing order is filed with the auditor, the drainage authority shall order the engineer to make a detailed survey with plans and specifications for the proposed drainage project and…

103E.271 DETAILED SURVEY. § Subdivision 1.Survey and examination. When an order for a detailed survey is filed, the engineer shall proceed to survey the lines of the proposed drainage project in the preliminary hearing order, and survey and examine affected property. § Subd. 2.Su…

103E.275 ENGINEER'S VARIANCE FROM DRAINAGE AUTHORITY ORDER. (a) In planning a proposed drainage project, the engineer may vary from the starting point and the line and plan described by the preliminary hearing order if necessary to drain the property likely to be assessed in the …

103E.281 SOIL SURVEY. The engineer shall make a soil survey if: (1) the drainage authority orders a soil survey; (2) the commissioner requests a soil survey; or (3) the engineer determines a soil survey is necessary. The soil survey must show the nature and character of the soil …

103E.285 DETAILED SURVEY REPORT. § Subdivision 1.Report and information required. The engineer shall prepare a detailed survey report that includes the data and information in this section. § Subd. 2.Map. A complete map of the proposed drainage project and drainage system must be…

103E.291 FILING DETAILED SURVEY REPORT. The engineer must file the detailed survey report with the auditor where the proceedings are pending, and the auditor must deliver a copy of the detailed survey report to the commissioner. The engineer must also file copies of the detailed …

103E.295 REVISING ENGINEER'S DETAILED SURVEY REPORT AFTER ACCEPTANCE. After the final acceptance of the proposed drainage project, the engineer shall revise the plan, profiles, and designs of structures to show the drainage project as actually constructed on the original tracings…

103E.301 COMMISSIONER'S FINAL ADVISORY REPORT. (a) The commissioner shall examine the detailed survey report and within 30 days of receipt make a final advisory report to the drainage authority. The final advisory report must state whether the commissioner: (1) finds the detailed…

103E.305 VIEWERS' APPOINTMENT AND QUALIFICATION. § Subdivision 1.Appointment. When the order for a detailed survey is made, the drainage authority shall, by order, appoint viewers consisting of three disinterested residents of the state qualified to assess benefits and damages. T…

103E.311 VIEWER DUTIES. The viewers, with or without the engineer, shall determine the benefits and damages to all property affected by the proposed drainage project and make a viewers' report. History: 1990 c 391 art 5 s 50