Title 46A — WATER MANAGEMENT

Official controls instituted by a board or commission may include establishment of drainage projects or coordinated drainage areas within which drainage of land for agricultural, residential, industrial and commercial, soil and water conservation, and additional uses may be encou…

Official controls instituted by a board or commission may include maps of drains, county highways and roads, culverts, wetlands, sloughs, and other natural and man - made features relating to drainage showing their alignments, gradients, dimensions, and other pertinent features. …

The board of county commissioners of each county may appoint a commission of three or more members, the total membership of which shall always be an uneven number and at least one member of which shall be a member of the board, to be known as the county drainage commission. If a …

Official controls instituted by a board may include specific ordinances, resolutions, orders, regulations, or other such legal controls pertaining to other elements incorporated in a drainage plan, project, or area or establishing standards and procedures to be employed toward dr…

Official controls are not limited to those set forth in §§ 46A-10A-18 to 46A-10A-20 , inclusive. Source: SL 1985, ch 362 , § 21.

If it receives a proposed drainage plan drafted by the drainage commission or if it prepares its own plan because no commission exists, which plan includes proposed official controls, the board of county commissioners shall direct the county auditor to publish, at least once a we…

Based on the results of a drainage plan hearing or hearings under § 46A-10A-22 , a board's action upon a drainage plan or any part, adjunct, amendment, or addition shall be by resolution or ordinance, as appropriate, carried by the affirmative votes of not less than a majority of…

Any action of a board on a drainage plan shall be filed with the county auditor. A summary of the action shall be prepared by the county board or the drainage commission, if established, shall be reviewed by the state's attorney, shall be published at least once within one week i…

Within twenty days of publication, five percent of the voters, as determined by the total number of votes cast for Governor in the county at the last gubernatorial election, may petition to have the question of adoption or rejection of a county drainage plan, or any part, adjunct…

If the voters reject a proposed drainage plan or part, adjunct, amendment, or addition thereto, the board may revise or may order the drainage commission, if established, to revise the plan or part, adjunct, amendment, or addition thereto and adopt the same as revised, and file a…

Upon adoption of any drainage ordinance or other official drainage control, including any maps or charts, the county auditor shall file a certified copy thereof with the county register of deeds. Source: SL 1985, ch 362 , § 27.

If a board has adopted a drainage plan or any part, adjunct, amendment, or addition thereto, no rehabilitation of existing drainage or construction of new drainage, whether publicly or privately owned, if covered by the adopted plan, may be undertaken or authorized in the county …

Failure of a drainage commission to act within sixty - five days from the date of an official submission to it under the provisions of § 46A-10A-28 shall be deemed approval, unless a longer period is granted by the board within the sixty - five - day period. Source: SL 1985, ch 3…

The term of office for members of a county drainage commission shall be established by the board of county commissioners. Any appointed member of a county drainage commission may be removed for cause, after a hearing prior to the expiration of his term, by a majority vote of the …

Any board or commission under the provisions of this chapter and chapter 46A-11 may adopt a permit system for drainage. The permit system must be prospective in nature and consistent with the principles outlined in §

Any natural drainage right lawfully acquired by the owner or owners of either a dominant or servient estate prior to July 1, 1985, is deemed vested. Any drainage right lawfully acquired prior to July 1, 1985, arising from drainage which is natural with man - made modifications or…

On or before July 1, 1988, each county shall provide notice of the recording requirements set forth in § 46A-10A-31 , by publishing a notice, once a week for two consecutive weeks in at least one official county newspaper. Source: SL 1986, ch 379 , § 2.

No county, municipality, or township may be required to record any highway right - of - way as a drainage right pursuant to this chapter. Source: SL 1987, ch 339 .

After a vested drainage right is recorded with a county register of deeds under the provisions of § 46A-10A-31 , the register of deeds shall transmit a copy of the registration to the Department of Agriculture and Natural Resources. Source: SL 1985, ch 362 , § 32; SL 2011, ch 165…

The board shall provide for the enforcement of the provisions of this chapter and of ordinances, resolutions, orders, and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county. Source: SL 1985, ch 362 , § 33.

A board may provide for appointment of its drainage commission to serve as a board of resolution and, under the regulations and controls adopted pursuant to this chapter, may provide that the board of resolution in individual cases may make, upon an affirmative vote of three - fo…

Any other provision of law notwithstanding, any board or commission, by mutual agreement, may serve as a board of adjudication, pursuant to § 46A-10A-34 , for any other county. The jurisdiction of such board or commission is limited to the adjudication function specifically outli…

Any decision reached by a commission in order to settle a conflict involving drainage between landowners may be appealed to the board. Any board decision may be appealed or further appealed to the circuit court of the county wherein the conflict arose. An appeal under this sectio…

The board may prescribe, by resolution as provided in § 46A-10A-33 , such regulations not contrary to law or § 46A-10A-31 , as it deems desirable or necessary to regulate and control, reduce the number or extent of or bring about the gradual elimination of nonconforming drains or…

Regulations, restrictions, or enforcement provisions established in a drainage plan or part, adjunct, amendment, or addition thereto adopted by the board of county commissioners may from time to time be amended, supplemented, changed, modified, or repealed by action of the board …

An individual landowner may petition a board or commission to change the drainage restrictions on any part of the landowner's property. The petitioning landowner shall notify all directly affected adjoining landowners and all directly affected third parties holding drainage inter…

Following receipt of any petition as provided in § 46A-10A-37 or 46A-10A-38 , the board or commission shall hold a public hearing, subject to the requirements of § 46A-10A-22 , and take action upon the petition, within forty - five days of receipt by a board or commission of any …

A drainage commission shall meet at such times as may be necessary to accomplish the purposes of this chapter, but a commission may not meet less than once every six months. Source: SL 1985, ch 362 , § 5.

At any public hearing held pursuant to § 46A-10A-39 , any affected person may appear and request or protest the requested change. The board or commission shall thereafter by resolution either adopt or reject such change, modification, or repeal and, if it is adopted by the board …

The governing body of any municipality may request a county board or drainage commission to submit to the governing body a drainage plan for the municipality setting forth such provisions as the board or drainage commission deems applicable to the municipality for its best intere…

Nothing in this chapter other than the voluntary provisions of § 46A-10A-12 may be construed to prevent or modify the powers of an incorporated municipality from exercising drainage jurisdiction within the corporate limits and from exercising jointly with the county board or drai…

Any drainage district established under the laws of this state that has functioned in its capacity as a drainage district within three years prior to July 1, 1985 or that has assessed real property in its capacity as a drainage district within three years prior to July 1, 1985 sh…

Notwithstanding § 46A-10A-43 , if within ten years prior to July 1, 1985, three or more landowners have jointly maintained a legal drain by voluntarily contributing the cost of maintenance without establishing a drainage district or without special assessments as provided in chap…

The petition shall be signed by sixty percent of the resident landowners served by the drain. The petition shall describe the past plan of voluntary contributions, describe the drain by its initial point, terminal point, and general course, or by its exact course in whole or in p…

A petition may be presented at any regular or special meeting of the board, and, if in proper form, shall be ordered filed with the county auditor, who shall transmit a copy of the petition to the Department of Agriculture and Natural Resources. The board shall hold a hearing on …

At a hearing held pursuant to the provisions of §§ 46A-10A-43.1 to 46A-10A-43.4 , inclusive, any interested person may appear in regard to any matter in the petition. After the board has heard and considered the petition, it shall grant the petition if it complies with the provis…

In the event of a violation or a threatened violation of an ordinance, resolution, regulation, restriction, or other official control adopted pursuant to this chapter, a board or commission, in addition to other remedies, may recommend the county state's attorney seek an injuncti…

Any taxpayer of a county may institute mandamus proceedings in circuit court to compel performance by the proper official or officials of any nondiscretionary duty required by this chapter and by any ordinance adopted thereunder. Source: SL 1985, ch 362 , § 45.

Any board or commission may adopt drainage ordinances, resolutions, or regulations to control individual drainage construction or rehabilitation or such drainage methods by groups of landowners within the county. Such ordinances, resolutions, or regulations shall be consistent wi…

Whenever an area within a county and not within a municipality becomes so situated that drainage area coordination becomes advisable, persons within the area may apply to the board or the commission, if one exists, to establish the area as a coordinated drainage area pursuant to …

Any person making application for establishment of a coordinated drainage area shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of such area, showing the boundaries and area thereof. The accuracy thereof shall be verified by…

An application for establishment of a coordinated drainage area shall be a petition verified by one or more applicants by affidavit stating that the affiant or affiants personally witnessed the signatures thereon and believe them to be genuine and shall be signed by not less than…

Per diem and expenses of a county drainage commission shall be established by the board of county commissioners and paid by the county. Source: SL 1985, ch 362 , § 6.

If the board or commission is satisfied that the requirements of this chapter have been fully met, it shall make an order declaring that such area, with the assent of the landowners thereof, shall be a coordinated drainage area as specified in the application. It shall also inclu…

The board or commission shall give ten days' notice of an election held under § 46A-10A-50 by publication in an official newspaper in the proposed coordinated drainage area. Source: SL 1985, ch 362 , § 51.

At any election to establish a coordinated drainage area held under this chapter, the polls shall be kept open from 7:00 a.m. until 7:00 p.m. The county shall bear the costs of the election. Source: SL 1985, ch 362 , § 52; SL 2006, ch 28 , § 8.

A vote to establish a coordinated drainage area shall be by ballot in the form provided by the board. If a majority of those voting favor the establishment, the area shall from that time be deemed a coordinated drainage area by order of the board. If a majority vote against the e…

The board or commission shall appoint three judges, who shall elect one of their members as superintendent, to conduct an election to establish a coordinated drainage area. After the vote is cast and canvassed, the judges shall make a verified statement showing the number of ball…

The board is authorized to expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of §§ 46A-10A-47 to…

All state public or school lands are subject to drainage laws. In any drainage proceeding affecting such lands, notices required by law to be given by publication and posting shall be served upon the commissioner of school and public lands at least thirty days before the time of …