2004 Minnesota Statutes

     103E.021 Ditches must be planted with permanent grass. 

    Subdivision 1.    Spoil banks must be spread and grass 
 planted.  In any proceeding to establish, construct, improve, 
 or do any work affecting a public drainage system under any law 
 that appoints viewers to assess benefits and damages, the 
 authority having jurisdiction over the proceeding shall order 
 spoil banks to be spread consistent with the plan and function 
 of the drainage system.  The authority shall order that 
 permanent grass, other than a noxious weed, be planted on the 
 banks and on a strip 16-1/2 feet in width or to the crown of the 
 leveled spoil bank, whichever is the greater, on each side of 
 the top edge of the channel of the ditch.  The acreage and 
 additional property required for the planting must be acquired 
 by the authority having jurisdiction.  

    Subd. 2.    Reseeding and harvesting grass.  The 
 authority having jurisdiction over the repair and maintenance of 
 the drainage system shall supervise all necessary reseeding.  
 The permanent grass must be maintained in the same manner as 
 other drainage system repairs.  Harvest of the grass from the 
 grass strip in a manner not harmful to the grass or the drainage 
 system is the privilege of the fee owner or assigns.  The county 
 drainage inspector shall establish rules for the fee owner and 
 assigns to harvest the grass.  

    Subd. 3.    Agricultural practices prohibited.  
 Agricultural practices, other than those required for the 
 maintenance of a permanent growth of grass, are not permitted on 
 any portion of the property acquired for planting.  

    Subd. 4.    Compliance work by drainage authority.  If a 
 property owner does not bring an area into compliance with this 
 section as provided in the compliance notice, the inspection 
 committee or drainage inspector must notify the drainage 
 authority.  If a property owner does not bring an area into 
 compliance after being notified under section 103E.705, 
 subdivision 2, the drainage authority must issue an order to 
 have the work performed to bring the property into compliance.  
 After the work is completed, the drainage authority must send a 
 statement of the expenses incurred to bring the property into 
 compliance to the auditor of the county where the property is 
 located and to the property owner.  

    Subd. 5.    Collection of compliance expenses.  (a) The 
 amount of the expenses to bring an area into compliance with 
 this section is a lien in favor of the drainage authority 
 against the property where the expenses were incurred.  The 
 auditor must certify the expenses and enter the amount in the 
 same manner as other drainage liens on the tax list for the 
 following year.  The amount must be collected in the same manner 
 as real estate taxes for the property.  The provisions of law 
 relating to the collection of real estate taxes shall be used to 
 enforce payment of amounts due under this section.  The auditor 
 must include a notice of collection of compliance expenses with 
 the tax statement.  

    (b) The amounts collected under this subdivision must be 
 deposited in the drainage system account.  

    HIST: 1990 c 391 art 5 s 4