2007 Minnesota Statutes

103E.705 REPAIR PROCEDURE.
    Subdivision 1. Inspection. After the construction of a drainage system has been completed,
the drainage authority shall maintain the drainage system that is located in its jurisdiction,
including the permanent strips of perennial vegetation under section 103E.021, and provide the
repairs necessary to make the drainage system efficient. The drainage authority shall have the
drainage system inspected on a regular basis by an inspection committee of the drainage authority
or a drainage inspector appointed by the drainage authority. Open drainage ditches shall be
inspected at a minimum of every five years when no violation of section 103E.021 is found and
annually when a violation of section 103E.021 is found, until one year after the violation is
corrected.
    Subd. 2. Permanent strip of perennial vegetation inspection and compliance notice. (a)
The drainage authority having jurisdiction over a drainage system must inspect the drainage
system for violations of section 103E.021. If an inspection committee of the drainage authority
or a drainage inspector determines that permanent strips of perennial vegetation are not being
maintained in compliance with section 103E.021, a compliance notice must be sent to the
property owner.
    (b) The notice must state:
    (1) the date the ditch was inspected;
    (2) the persons making the inspection;
    (3) that spoil banks are to be spread in a manner consistent with the plan and function of
the drainage system and that the drainage system has acquired a permanent strip of perennial
vegetation, according to section 103E.021;
    (4) the violations of section 103E.021;
    (5) the measures that must be taken by the property owner to comply with section 103E.021
and the date when the property must be in compliance; and
    (6) that if the property owner does not comply by the date specified, the drainage authority
will perform the work necessary to bring the area into compliance with section 103E.021 and
charge the cost of the work to the property owner.
    (c) If a property owner does not bring an area into compliance with section 103E.021 as
provided in the compliance notice, the inspection committee or drainage inspector must notify
the drainage authority.
    (d) This subdivision applies to property acquired under section 103E.021.
    Subd. 3. Drainage inspection report. For each drainage system that the board designates
and requires the drainage inspector to examine, the drainage inspector shall make a drainage
inspection report in writing to the board after examining a drainage system, designating portions
that need repair or maintenance of the permanent strips of perennial vegetation and the location
and nature of the repair or maintenance. The board shall consider the drainage inspection report
at its next meeting and may repair all or any part of the drainage system as provided under this
chapter. The permanent strips of perennial vegetation must be maintained in compliance with
section 103E.021.
    Subd. 4. Inspection report to drainage authority. If the inspection committee or drainage
inspector reports, in writing, to the drainage authority that maintenance of grass strips or repairs
are necessary on a drainage system and the report is approved by the drainage authority, the
maintenance or repairs must be made under this section.
    Subd. 5. Repairs less than $50,000. If the drainage authority finds that the estimated cost
of repairs and maintenance of one drainage system for one year will be less than the greater
of $50,000 or $1,000 per mile of open ditch in the ditch system, it may have the repair work
done by hired labor and equipment without advertising for bids or entering into a contract for
the repair work.
    Subd. 6. Annual repair assessment levy limits. The drainage authority may give notice of
and hold a hearing on the repair levy before ordering the levy of an assessment for repairs. In one
calendar year the drainage authority may not levy an assessment for repairs or maintenance on
one drainage system for more than 20 percent of the benefits of the drainage system, $1,000 per
mile of open ditch in the ditch system, or $50,000, whichever is greater, except for a repair made
after a disaster as provided under subdivision 7 or under the petition procedure.
    Subd. 7. Repair and construction after disaster. The drainage authority may repair and
reconstruct the drainage system without advertising for bids and without regard to the $1,000 per
mile of open ditch or $50,000 limitation if:
(1) a drainage system is destroyed or impaired by floods, natural disaster, or unforeseen
circumstances;
(2) the area where the drainage system is located has been declared a disaster area by the
President of the United States and federal funds are available for repair or reconstruction; and
(3) the public interests would be damaged by repair or reconstruction being delayed.
History: 1990 c 391 art 5 s 91; 2007 c 57 art 1 s 115-117