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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 to determine whether the proposed drainage project is necessary
and feasible with reference to the environmental and land use criteria in section 103E.015,
subdivision 1
;
(3) examine and gather information related to determining whether the proposed drainage
project substantially affects areas that are public waters; and
(4) if the proposed drainage project requires construction of an open channel, examine the
nature and capacity of the outlet and any necessary extension.
    Subd. 2. Limitation of survey. The engineer shall restrict the preliminary survey to the
drainage area described in the petition, except that to secure an outlet the engineer may run levels
necessary to determine the distance for the proper fall of the water. The preliminary survey must
consider the impact of the proposed drainage project on the environmental and land use criteria in
section 103E.015, subdivision 1. The drainage authority may have other areas surveyed after:
(1) giving notice by mail of a hearing to survey additional areas, to be held at least ten days
after the notice is mailed, to the petitioners and persons liable on the petitioners' bond;
(2) holding the hearing;
(3) obtaining consent of the persons liable on the petitioners' bond; and
(4) ordering the additional area surveyed by the engineer.
    Subd. 3. Adoption of federal project. The engineer may approve and include as a part of
the report, a project of the United States relating to drainage or flood control that is within the
proposed drainage project area, and may accept data, plats, plans, or information relating to the
project furnished by United States engineers. The engineer does not need to make the preliminary
survey if the material furnished by the United States is sufficient for the engineer to make the
preliminary survey report.
    Subd. 4. Preliminary survey report. The engineer shall report the proposed drainage
project plan or recommend a different practical plan. The report must give sufficient information,
in detail, to inform the drainage authority on issues related to feasibility, and show changes
necessary to make the proposed plan practicable and feasible including extensions, laterals, and
other work. If the engineer finds the proposed drainage project in the petition is feasible and
complies with the environmental and land use criteria in section 103E.015, subdivision 1, the
engineer shall include in the preliminary survey report a preliminary plan of the drainage project
showing the proposed ditches, tile, laterals, and other improvements, the outlet of the project,
the watershed of the drainage project or system, and the property likely to be affected and its
known owners. The plan must show:
(1) the elevation of the outlet and the controlling elevations of the property likely to be
affected referenced to standard sea level datum, if practical;
(2) the probable size and character of the ditches and laterals necessary to make the plan
practicable and feasible;
(3) the character of the outlet and whether it is sufficient;
(4) the probable cost of the drains and improvements shown on the plan;
(5) all other information and data necessary to disclose the practicability, necessity, and
feasibility of the proposed drainage project;
(6) consideration of the drainage project under the environmental and land use criteria in
section 103E.015, subdivision 1; and
(7) other information as ordered by the drainage authority.
History: 1990 c 391 art 5 s 37

Official Publication of the State of Minnesota
Revisor of Statutes