Bill Text: MN SF113 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Drainage system provisions modifications
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-02-21 - HF substituted on General Orders HF66 [SF113 Detail]
Download: Minnesota-2013-SF113-Introduced.html
Bill Title: Drainage system provisions modifications
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-02-21 - HF substituted on General Orders HF66 [SF113 Detail]
Download: Minnesota-2013-SF113-Introduced.html
1.2relating to waters; modifying drainage system provisions;amending Minnesota
1.3Statutes 2012, sections 103E.005, subdivisions 4, 6, by adding a subdivision;
1.4103E.101, subdivisions 2, 3, 4, 5, by adding subdivisions; 103E.227, subdivision
1.51; 103E.525, subdivision 1; 103E.701, subdivisions 1, 6; 103E.715, subdivision 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 103E.005, subdivision 4, is amended to
1.8read:
1.9 Subd. 4. Board. "Board" means the board of commissioners of the county, a joint
1.10county board, or the board of managers of the watershed district that serves as the drainage
1.11authority where the drainage system or project is located.
1.12 Sec. 2. Minnesota Statutes 2012, section 103E.005, subdivision 6, is amended to read:
1.13 Subd. 6. Director. "Director" means the director of the Division ofWaters
1.14 Ecological and Water Resources in the Department of Natural Resources.
1.15 Sec. 3. Minnesota Statutes 2012, section 103E.005, is amended by adding a subdivision
1.16to read:
1.17 Subd. 28a. Secretary. "Secretary" means the secretary of the watershed district that
1.18serves as the drainage authority for the applicable drainage system.
1.19 Sec. 4. Minnesota Statutes 2012, section 103E.101, subdivision 2, is amended to read:
1.20 Subd. 2. Record requirements. All maps, plats, profiles, plans, and specifications
1.21prepared and used in relation to a proceeding must:
1.22(1) be uniform;
2.1(2) have each sheetbound and marked to identify the proceeding by the drainage
2.2project and system number;
2.3(3) show the name of the person preparing the sheet;
2.4(4) show the date the sheet was prepared; and
2.5(5) conform to rules and standards prescribed by the directorof the Division of Waters.
2.6 Sec. 5. Minnesota Statutes 2012, section 103E.101, subdivision 3, is amended to read:
2.7 Subd. 3. Index of proceedings and records. The auditor or secretary shall keep
2.8all orders, exhibits, maps, charts, profiles, plats, plans, specifications, and records of
2.9the proceedings. These records may not be removed except when the board makes a
2.10written order to remove them. The auditor or secretary shall keep an accurate index of
2.11the proceedings and related documents in abound book readily usable, resilient, and
2.12secure manner.
2.13 Sec. 6. Minnesota Statutes 2012, section 103E.101, subdivision 4, is amended to read:
2.14 Subd. 4. Engineer's documents. All original plats, profiles, records, and field
2.15books made by the engineer during the proceedings or the construction of a drainage
2.16project are public records and the property of the drainage authority. These public records
2.17must be filed with the auditor or secretary under the direction of the drainage authority
2.18when construction is completed or when the engineer stops acting for the drainage project,
2.19whichever is earlier.
2.20 Sec. 7. Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision
2.21to read:
2.22 Subd. 4a. Reestablishment of drainage system records. (a) If, after thorough
2.23investigation of drainage system records, a drainage authority finds that records
2.24establishing the alignment, cross-section, profile, or right-of-way of a drainage system that
2.25it administers are lost, destroyed, or otherwise incomplete, it may, by order, reestablish
2.26records defining the alignment; cross-section; profile; hydraulic structure locations,
2.27materials, dimensions, and elevations; or right-of-way of the drainage system as originally
2.28constructed or subsequently improved in accordance with this chapter. The procedure
2.29for reestablishing drainage system records must involve, at a minimum, investigation
2.30and a report of findings by a professional engineer licensed in Minnesota supported by
2.31existing records and evidence, including, but not limited to, applicable aerial photographs,
2.32soil borings or test pits, culvert dimensions and invert elevations, and bridge design
2.33records. The existing and reestablished records together must define the alignment;
3.1cross-section; profile; hydraulic structure locations, materials, dimensions, and elevations;
3.2and right-of-way of the drainage system. Drainage system records reestablished under
3.3this subdivision do not interrupt prescriptive occupation.
3.4(b) The description of a drainage system under this subdivision may be initiated by
3.5the drainage authority on its own motion or by any party affected by the drainage system
3.6filing a petition. If the system is under the jurisdiction of a county board, the petition must
3.7be filed with the auditor. If the system is under the jurisdiction of a joint county drainage
3.8authority, the petition must be filed with the auditor of the county with the largest area
3.9of property in the drainage system. If the system is under the jurisdiction of a watershed
3.10district board, the petition must be filed with the secretary.
3.11(c) When a drainage authority directs by resolution or when a petition is filed under
3.12this subdivision, the drainage authority, in consultation with the auditor or secretary,
3.13shall set a time and location for a hearing after the engineer's report is complete. The
3.14auditor or secretary shall give notice of the hearing by mail to the commissioner of natural
3.15resources, the executive director of the Board of Water and Soil Resources, the petitioner
3.16or petitioners, and all property owners benefited or damaged by the drainage system and
3.17shall give notice to other interested parties either in a newspaper of general circulation in
3.18the drainage system area or by publication on a Web site of the drainage authority.
3.19(d) Drainage system records reestablished under this subdivision constitute official
3.20drainage system records. A finding of drainage system right-of-way in the applicable
3.21order is a defense to a trespass claim and shall be given due weight in any subsequent
3.22court proceeding to establish the existence or nature of a property encumbrance.
3.23 Sec. 8. Minnesota Statutes 2012, section 103E.101, subdivision 5, is amended to read:
3.24 Subd. 5. Filing and storage facilities. County boards shall provide the auditor,
3.25and watershed district boards shall provide the secretary, with necessary filing and storage
3.26facilities to protect the files and records of all proceedings under its jurisdiction. The
3.27county boards and watershed district boards may provide for the copying and filing of the
3.28documents and records of proceedings by photographic devices as provided for public
3.29records under section15.17 . In the event of loss of the originals, the photographic copies
3.30are originals after authentication by the auditor or secretary.
3.31 Sec. 9. Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision
3.32to read:
3.33 Subd. 5a. Transfer of drainage system records. (a) When a watershed district
3.34assumes authority for a drainage system according to section 103D.625, the county or
4.1joint county board transferring authority shall transfer all of the original records for the
4.2drainage system to the watershed district, except as provided in paragraph (b).
4.3(b) Physical or electronic copies of drainage system records that are authenticated by
4.4the county auditor having the original records may be used in place of the originals by the
4.5watershed district until the watershed district has necessary records storage facilities to
4.6protect the original records or, in the case of a partial transfer of a drainage system, until
4.7the entire drainage system is transferred to the watershed district.
4.8 Sec. 10. Minnesota Statutes 2012, section 103E.227, subdivision 1, is amended to read:
4.9 Subdivision 1. Petition. (a) To conserve and make more adequate use of our water
4.10resources or to incorporate wetland or water quality enhancing elements as authorized by
4.11section 103E.011, subdivision 5, a person, public or municipal corporation, governmental
4.12subdivision, the state or a department or agency of the state, the commissioner of natural
4.13resources, and the United States or any of its agencies, may petition to impound, reroute,
4.14or divert drainage system waters for beneficial use.
4.15(b) If the drainage system is under the jurisdiction of a county drainage authority, the
4.16petition must be filed with the auditor of the county. If the drainage system is under the
4.17jurisdiction of a joint county drainage authority, the petition must be filed with the county
4.18having the largest area of property in the drainage system, where the primary drainage
4.19system records are kept, and a copy of the petition must be submitted to the auditor of each
4.20of the other counties participating in the joint county drainage authority. If the system is
4.21under the jurisdiction of a watershed district, the petition must be filed with the secretary
4.22of the district. The auditor of an affected county or the secretary of a watershed district
4.23must make a copy of the petition available to the public.
4.24(c) The petition must contain the location of the installation, concept plans for the
4.25proposed project, and a map that identifies the areas likely to be affected by the project.
4.26(d) The petition shall identify the sources of funds to be used to secure the necessary
4.27land rights and to construct the project and the amount and rationale for any drainage
4.28system funds requested.
4.29(e) The petitioner or drainage authority must also acquire a public waters work
4.30permit or a water use permit from the commissioner of natural resources if required under
4.31chapter 103G.
4.32 Sec. 11. Minnesota Statutes 2012, section 103E.525, subdivision 1, is amended to read:
4.33 Subdivision 1. Hydraulic capacity. A public or private bridge or culvert may not be
4.34constructed or maintained across or in a drainage system with less hydraulic capacity than
5.1specified in the detailed survey report, except with the written approval of the director
5.2of the division of waters. If the detailed survey report does not specify the hydraulic
5.3capacity, a public or private bridge or culvert in or across a drainage system ditch may not
5.4be constructed without the director's approval of the hydraulic capacity.
5.5 Sec. 12. Minnesota Statutes 2012, section 103E.701, subdivision 1, is amended to read:
5.6 Subdivision 1. Definition. The term "repair," as used in this section, means to
5.7restore all or a part of a drainage system as nearly as practicable to the samecondition
5.8 hydraulic capacity as originally constructed and subsequently improved, including
5.9resloping of ditches and leveling ofwaste spoil banks if necessary to prevent further
5.10deterioration, realignment to original construction if necessary to restore the effectiveness
5.11of the drainage system, and routine operations that may be required to remove obstructions
5.12and maintain the efficiency of the drainage system. "Repair" also includes:
5.13(1) incidental straightening of a tile system resulting from the tile-laying technology
5.14used to replace tiles; and
5.15(2) replacement of tiles with the next larger size that is readily available, if the
5.16original size is not readily available.
5.17 Sec. 13. Minnesota Statutes 2012, section 103E.701, subdivision 6, is amended to read:
5.18 Subd. 6. Wetland restoration andmitigation replacement; water quality
5.19protection and improvement. Repair of a drainage system may include the preservation,
5.20restoration, or enhancement of wetlands; wetland replacement under section103G.222 ;
5.21and the realignment of a drainage system to prevent drainage of a wetland; and the
5.22incorporation of measures to reduce channel erosion and otherwise protect or improve
5.23water quality.
5.24 Sec. 14. Minnesota Statutes 2012, section 103E.715, subdivision 6, is amended to read:
5.25 Subd. 6. Repair by resloping ditches, incorporating multistage ditch
5.26cross-section, levelingwaste spoil banks, installing erosion control, and or removing
5.27trees. (a) For a drainage system that is to be repaired by resloping ditches, incorporating
5.28a multistage ditch cross-section, levelingwaste spoil banks, installing erosion control
5.29measures, or removing trees, before ordering the repair, the drainage authority must
5.30appoint viewers to assess and report on damages and benefits if it determines that:
5.31(1) the resloping, incorporation of a multistage ditch cross-section, spoil bank
5.32leveling,installing installation of erosion control measures, or tree removal will require
6.1the taking of any property not contemplated and included in theoriginal proceeding for
6.2the establishment or subsequent improvement of the drainage system; or
6.3(2) anywaste spoil bank leveling or tree removal will directly benefit property where
6.4the spoil bank leveling or tree removal is specified; and.
6.5(3) the installation of erosion control measures will aid the long-term efficiency
6.6of the drainage system.
6.7(b) The viewers shall assess and report damages and benefits as provided by sections
6.8103E.315
and
103E.321 . The drainage authority shall hear and determine the damages
6.9and benefits as provided in sections103E.325 ,
103E.335 , and
103E.341 . The hearing shall
6.10be held within 30 days after the property owners' report is mailed. Damages must be paid
6.11as provided by section103E.315 as a part of the cost of the repair, and benefits must be
6.12added to the benefits previously determined as the basis for the pro rata assessment for the
6.13repair of the drainage system for the repair proceeding only.
1.3Statutes 2012, sections 103E.005, subdivisions 4, 6, by adding a subdivision;
1.4103E.101, subdivisions 2, 3, 4, 5, by adding subdivisions; 103E.227, subdivision
1.51; 103E.525, subdivision 1; 103E.701, subdivisions 1, 6; 103E.715, subdivision 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 103E.005, subdivision 4, is amended to
1.8read:
1.9 Subd. 4. Board. "Board" means the board of commissioners of the county, a joint
1.10county board, or the board of managers of the watershed district that serves as the drainage
1.11authority where the drainage system or project is located.
1.12 Sec. 2. Minnesota Statutes 2012, section 103E.005, subdivision 6, is amended to read:
1.13 Subd. 6. Director. "Director" means the director of the Division of
1.14 Ecological and Water Resources in the Department of Natural Resources.
1.15 Sec. 3. Minnesota Statutes 2012, section 103E.005, is amended by adding a subdivision
1.16to read:
1.17 Subd. 28a. Secretary. "Secretary" means the secretary of the watershed district that
1.18serves as the drainage authority for the applicable drainage system.
1.19 Sec. 4. Minnesota Statutes 2012, section 103E.101, subdivision 2, is amended to read:
1.20 Subd. 2. Record requirements. All maps, plats, profiles, plans, and specifications
1.21prepared and used in relation to a proceeding must:
1.22(1) be uniform;
2.1(2) have each sheet
2.2project and system number;
2.3(3) show the name of the person preparing the sheet;
2.4(4) show the date the sheet was prepared; and
2.5(5) conform to rules and standards prescribed by the director
2.6 Sec. 5. Minnesota Statutes 2012, section 103E.101, subdivision 3, is amended to read:
2.7 Subd. 3. Index of proceedings and records. The auditor or secretary shall keep
2.8all orders, exhibits, maps, charts, profiles, plats, plans, specifications, and records of
2.9the proceedings. These records may not be removed except when the board makes a
2.10written order to remove them. The auditor or secretary shall keep an accurate index of
2.11the proceedings and related documents in a
2.12secure manner.
2.13 Sec. 6. Minnesota Statutes 2012, section 103E.101, subdivision 4, is amended to read:
2.14 Subd. 4. Engineer's documents. All original plats, profiles, records, and field
2.15books made by the engineer during the proceedings or the construction of a drainage
2.16project are public records and the property of the drainage authority. These public records
2.17must be filed with the auditor or secretary under the direction of the drainage authority
2.18when construction is completed or when the engineer stops acting for the drainage project,
2.19whichever is earlier.
2.20 Sec. 7. Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision
2.21to read:
2.22 Subd. 4a. Reestablishment of drainage system records. (a) If, after thorough
2.23investigation of drainage system records, a drainage authority finds that records
2.24establishing the alignment, cross-section, profile, or right-of-way of a drainage system that
2.25it administers are lost, destroyed, or otherwise incomplete, it may, by order, reestablish
2.26records defining the alignment; cross-section; profile; hydraulic structure locations,
2.27materials, dimensions, and elevations; or right-of-way of the drainage system as originally
2.28constructed or subsequently improved in accordance with this chapter. The procedure
2.29for reestablishing drainage system records must involve, at a minimum, investigation
2.30and a report of findings by a professional engineer licensed in Minnesota supported by
2.31existing records and evidence, including, but not limited to, applicable aerial photographs,
2.32soil borings or test pits, culvert dimensions and invert elevations, and bridge design
2.33records. The existing and reestablished records together must define the alignment;
3.1cross-section; profile; hydraulic structure locations, materials, dimensions, and elevations;
3.2and right-of-way of the drainage system. Drainage system records reestablished under
3.3this subdivision do not interrupt prescriptive occupation.
3.4(b) The description of a drainage system under this subdivision may be initiated by
3.5the drainage authority on its own motion or by any party affected by the drainage system
3.6filing a petition. If the system is under the jurisdiction of a county board, the petition must
3.7be filed with the auditor. If the system is under the jurisdiction of a joint county drainage
3.8authority, the petition must be filed with the auditor of the county with the largest area
3.9of property in the drainage system. If the system is under the jurisdiction of a watershed
3.10district board, the petition must be filed with the secretary.
3.11(c) When a drainage authority directs by resolution or when a petition is filed under
3.12this subdivision, the drainage authority, in consultation with the auditor or secretary,
3.13shall set a time and location for a hearing after the engineer's report is complete. The
3.14auditor or secretary shall give notice of the hearing by mail to the commissioner of natural
3.15resources, the executive director of the Board of Water and Soil Resources, the petitioner
3.16or petitioners, and all property owners benefited or damaged by the drainage system and
3.17shall give notice to other interested parties either in a newspaper of general circulation in
3.18the drainage system area or by publication on a Web site of the drainage authority.
3.19(d) Drainage system records reestablished under this subdivision constitute official
3.20drainage system records. A finding of drainage system right-of-way in the applicable
3.21order is a defense to a trespass claim and shall be given due weight in any subsequent
3.22court proceeding to establish the existence or nature of a property encumbrance.
3.23 Sec. 8. Minnesota Statutes 2012, section 103E.101, subdivision 5, is amended to read:
3.24 Subd. 5. Filing and storage facilities. County boards shall provide the auditor,
3.25and watershed district boards shall provide the secretary, with necessary filing and storage
3.26facilities to protect the files and records of all proceedings under its jurisdiction. The
3.27county boards and watershed district boards may provide for the copying and filing of the
3.28documents and records of proceedings by photographic devices as provided for public
3.29records under section
3.30are originals after authentication by the auditor or secretary.
3.31 Sec. 9. Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision
3.32to read:
3.33 Subd. 5a. Transfer of drainage system records. (a) When a watershed district
3.34assumes authority for a drainage system according to section 103D.625, the county or
4.1joint county board transferring authority shall transfer all of the original records for the
4.2drainage system to the watershed district, except as provided in paragraph (b).
4.3(b) Physical or electronic copies of drainage system records that are authenticated by
4.4the county auditor having the original records may be used in place of the originals by the
4.5watershed district until the watershed district has necessary records storage facilities to
4.6protect the original records or, in the case of a partial transfer of a drainage system, until
4.7the entire drainage system is transferred to the watershed district.
4.8 Sec. 10. Minnesota Statutes 2012, section 103E.227, subdivision 1, is amended to read:
4.9 Subdivision 1. Petition. (a) To conserve and make more adequate use of our water
4.10resources or to incorporate wetland or water quality enhancing elements as authorized by
4.11section 103E.011, subdivision 5, a person, public or municipal corporation, governmental
4.12subdivision, the state or a department or agency of the state, the commissioner of natural
4.13resources, and the United States or any of its agencies, may petition to impound, reroute,
4.14or divert drainage system waters for beneficial use.
4.15(b) If the drainage system is under the jurisdiction of a county drainage authority, the
4.16petition must be filed with the auditor of the county. If the drainage system is under the
4.17jurisdiction of a joint county drainage authority, the petition must be filed with the county
4.18having the largest area of property in the drainage system, where the primary drainage
4.19system records are kept, and a copy of the petition must be submitted to the auditor of each
4.20of the other counties participating in the joint county drainage authority. If the system is
4.21under the jurisdiction of a watershed district, the petition must be filed with the secretary
4.22of the district. The auditor of an affected county or the secretary of a watershed district
4.23must make a copy of the petition available to the public.
4.24(c) The petition must contain the location of the installation, concept plans for the
4.25proposed project, and a map that identifies the areas likely to be affected by the project.
4.26(d) The petition shall identify the sources of funds to be used to secure the necessary
4.27land rights and to construct the project and the amount and rationale for any drainage
4.28system funds requested.
4.29(e) The petitioner or drainage authority must also acquire a public waters work
4.30permit or a water use permit from the commissioner of natural resources if required under
4.31chapter 103G.
4.32 Sec. 11. Minnesota Statutes 2012, section 103E.525, subdivision 1, is amended to read:
4.33 Subdivision 1. Hydraulic capacity. A public or private bridge or culvert may not be
4.34constructed or maintained across or in a drainage system with less hydraulic capacity than
5.1specified in the detailed survey report, except with the written approval of the director
5.2
5.3capacity, a public or private bridge or culvert in or across a drainage system ditch may not
5.4be constructed without the director's approval of the hydraulic capacity.
5.5 Sec. 12. Minnesota Statutes 2012, section 103E.701, subdivision 1, is amended to read:
5.6 Subdivision 1. Definition. The term "repair," as used in this section, means to
5.7restore all or a part of a drainage system as nearly as practicable to the same
5.8 hydraulic capacity as originally constructed and subsequently improved, including
5.9resloping of ditches and leveling of
5.10deterioration, realignment to original construction if necessary to restore the effectiveness
5.11of the drainage system, and routine operations that may be required to remove obstructions
5.12and maintain the efficiency of the drainage system. "Repair" also includes:
5.13(1) incidental straightening of a tile system resulting from the tile-laying technology
5.14used to replace tiles; and
5.15(2) replacement of tiles with the next larger size that is readily available, if the
5.16original size is not readily available.
5.17 Sec. 13. Minnesota Statutes 2012, section 103E.701, subdivision 6, is amended to read:
5.18 Subd. 6. Wetland restoration and
5.19protection and improvement. Repair of a drainage system may include the preservation,
5.20restoration, or enhancement of wetlands; wetland replacement under section
5.21
5.22incorporation of measures to reduce channel erosion and otherwise protect or improve
5.23water quality.
5.24 Sec. 14. Minnesota Statutes 2012, section 103E.715, subdivision 6, is amended to read:
5.25 Subd. 6. Repair by resloping ditches, incorporating multistage ditch
5.26cross-section, leveling
5.27trees. (a) For a drainage system that is to be repaired by resloping ditches, incorporating
5.28a multistage ditch cross-section, leveling
5.29measures, or removing trees, before ordering the repair, the drainage authority must
5.30appoint viewers to assess and report on damages and benefits if it determines that:
5.31(1) the resloping, incorporation of a multistage ditch cross-section, spoil bank
5.32leveling,
6.1the taking of any property not contemplated and included in the
6.2the establishment or subsequent improvement of the drainage system; or
6.3(2) any
6.4the spoil bank leveling or tree removal is specified
6.5
6.6
6.7(b) The viewers shall assess and report damages and benefits as provided by sections
6.9and benefits as provided in sections
6.10be held within 30 days after the property owners' report is mailed. Damages must be paid
6.11as provided by section
6.12added to the benefits previously determined as the basis for the pro rata assessment for the
6.13repair of the drainage system for the repair proceeding only.
