Chapter 103E — Drainage Authority Powers

103E.005 Definitions This section defines the key words and terms used throughout Minnesota's drainage law (Chapter 103E). It explains what … 103E.011 Drainage Authority Powers This section describes the powers that drainage authorities have in Minnesota. It explains what a drainage authority … 103E.015 Considerations Before Drainage Work is Done This section lists the things a drainage authority must think about before allowing drainage work to happen. The … 103E.021 Planting Ditches With Perennial Vegetation This section requires that drainage ditches be planted with perennial vegetation like grasses along their banks. The … 103E.025 Procedure for Drainage Project That Affects State Land or Water Area Used for Conservation This section sets out special rules for drainage projects that would affect state-owned land or water areas used for … 103E.031 Connection With Drains in Adjoining States This section allows Minnesota drainage systems to connect with drainage systems in neighboring states like Iowa, North … 103E.035 Defective Notice This section explains what happens when a required notice in a drainage proceeding has a mistake or defect. A small … 103E.041 Personal Service in Lieu of Other Methods of Notice This section allows personal service (hand-delivering a notice directly to a person) to be used instead of other methods … 103E.043 Informal Meetings This section allows drainage authorities to hold informal meetings to discuss drainage matters. These meetings give … 103E.045 Failure to Attend Hearings; Drainage Authority This section explains what happens if the drainage authority does not show up for a required hearing. If the drainage … 103E.051 Defective Proceedings This section addresses what happens when drainage proceedings have defects or errors. Minor mistakes in the proceedings … 103E.055 Reimbursing Cost of Former Surveys When Used Later This section says that if a survey done for an earlier drainage project is used for a new project, the people who paid … 103E.061 Right of Entry This section gives engineers, surveyors, and other people working on drainage projects the right to enter private … 103E.065 Drainage Inspectors This section covers the appointment and duties of drainage inspectors. Drainage inspectors check on the condition of … 103E.067 This section was created by the 2025 Minnesota Legislature. It is a newly enacted provision within the drainage … 103E.071 County Attorney This section describes the role of the county attorney in drainage proceedings. The county attorney provides legal … 103E.075 Obstructing Drainage System This section makes it illegal to block or obstruct a public drainage system. No one is allowed to put things in, build … 103E.081 Crimes Related to Drainage Systems; Penalties This section lists the criminal penalties for damaging or interfering with drainage systems. People who intentionally … 103E.085 Enforcement This section explains how drainage laws are enforced. It covers what happens when someone violates the drainage rules, … 103E.091 Appeals This section explains how to appeal decisions made by a drainage authority. If a property owner or other affected person … 103E.095 Appeal From Orders Dismissing or Establishing Drainage Systems This section specifically covers appeals from orders that either dismiss or establish a drainage system. It explains who … 103E.097 Attorney Fees on Appeal This section covers attorney fees when a drainage decision is appealed to court. It explains when attorney fees may be … 103E.101 Drainage Proceeding and Construction Records This section requires drainage authorities to keep records of all drainage proceedings and construction work. These … 103E.105 Advice About Drainage Questions This section allows the Director of Ecological and Water Resources to give advice about drainage questions. When … 103E.111 Field Surveys and Investigations by Director This section authorizes the Director of Ecological and Water Resources to conduct field surveys and investigations … 103E.115 Hydrological and Drainage Information This section requires the state to collect and share information about water flow and drainage conditions in Minnesota. … 103E.121 Drain Tile; Manufacturing Studies This section authorizes studies on how drain tiles are manufactured. Drain tiles are pipes buried underground that carry … 103E.202 Petitions This section explains how to start a drainage project by filing a petition. It covers who can file a petition, what … 103E.212 New Drainage System Projects This section covers the requirements for petitioning for a brand-new drainage system. It describes the specific … 103E.215 Improving Drainage Systems This section covers how to petition for improvements to an existing drainage system. Improvements can include deepening, … 103E.221 Improving Outlets This section addresses improving the outlets of drainage systems. An outlet is where water leaves the drainage system … 103E.225 Laterals Property owners near an existing drainage system can petition to build a lateral ditch or tile connecting their property … 103E.227 Impounding, Rerouting, and Diverting Drainage System Waters Anyone, including private individuals, corporations, government entities, and the state, can petition to impound, … 103E.231 Dismissing or Delaying Proceedings; Petitioners A majority of petitioners who own at least 60 percent of the petitioned area can dismiss a drainage proceeding before … 103E.235 Drainage System in Two or More Counties When a drainage project spans two or more counties, it is designated as a joint county drainage system. The affected … 103E.238 County Attorney Review of Petition and Bond The county attorney must review each drainage petition and bond within 30 days to check if they meet legal requirements. … 103E.241 Engineer Within 30 days after receiving a petition, the drainage authority appoints an engineer to conduct a preliminary survey. … 103E.245 Preliminary Survey and Preliminary Survey Report The engineer examines the petition, surveys the affected area, determines if the project is necessary and feasible based … 103E.251 Filing Preliminary Survey Report The engineer files the completed preliminary survey report with the county auditor, who sends a copy to the director. … 103E.255 Commissioner's Preliminary Advisory Report The commissioner of natural resources reviews the preliminary survey report and gives an advisory opinion to the … 103E.261 Preliminary Hearing After the preliminary survey report is filed, the drainage authority holds a hearing within 30 days. Property owners and … 103E.265 Order for Detailed Survey and Survey Report After the preliminary hearing, the drainage authority orders a detailed survey and appoints viewers to assess benefits … 103E.271 Detailed Survey The drainage authority appoints three viewers to assess damages and benefits for each property affected by the drainage … 103E.275 Engineer's Variance From Drainage Authority Order If a viewer position becomes vacant due to death, inability, or refusal to serve, the drainage authority must appoint a … 103E.281 Soil Survey The detailed survey engineer prepares comprehensive plans for the drainage project including maps, profiles, … 103E.285 Detailed Survey Report The engineer files the detailed survey report with the auditor. For joint county projects, copies go to each county. The … 103E.291 Filing Detailed Survey Report The commissioner of natural resources reviews the detailed survey report and provides a final advisory report to the … 103E.295 Revising Engineer's Detailed Survey Report After Acceptance The viewers file their report of benefits and damages with the auditor. The report lists each affected property, the … 103E.301 Commissioner's Final Advisory Report The final hearing is where the drainage authority decides whether to establish the drainage project. Property owners … 103E.305 Viewers' Appointment and Qualification At the final hearing, the drainage authority considers the engineer's report, the viewers' report, the commissioner's … 103E.311 Viewer Duties If the drainage authority decides at the final hearing that the project should not be built, it dismisses the … 103E.315 Assessing Drainage Benefits and Damages The drainage authority awards contracts for construction through competitive bidding. Contracts are awarded to the … 103E.321 Viewers' Report The drainage authority oversees construction, and the engineer inspects the work to ensure it follows the plans. The … 103E.323 Property Owners' Report The drainage authority can acquire land and rights-of-way needed for the drainage system through purchase, gift, or … 103E.325 Final Hearing Notice Property assessments for drainage projects are spread across the benefited properties based on the viewers' benefit … 103E.331 Jurisdiction of Property by Drainage Authority This section covers how drainage project costs are divided among the affected counties when a project spans multiple … 103E.335 Proceedings at Final Hearing The drainage authority can borrow money and issue bonds or warrants to pay for drainage construction. The bonds are … 103E.341 Drainage Authority Final Order The auditor certifies drainage assessments to the county treasurer for collection as part of property taxes. Delinquent … 103E.345 Apportioning Cost for Joint County Drainage Systems The drainage authority has ongoing responsibility to repair and maintain established drainage systems. Repair costs are … 103E.351 Redetermining Benefits and Damages Drainage system records, including all proceedings, maps, and financial information, must be maintained by the auditor. … 103E.401 Use of Drainage System as Outlet Property owners can petition for redetermination of benefits and damages on existing drainage systems. This updates the … 103E.405 Outlets in Adjoining States The redetermination process follows similar procedures as the original drainage establishment, including appointing … 103E.411 Drainage System as Outlet for Municipality After a redetermination, the new benefit and damage amounts are used for all future assessments on the drainage system, … 103E.501 Contract and Bond The drainage authority can repair and maintain drainage systems using the drainage system's repair fund. Routine repairs … 103E.505 Awarding Construction Contract The drainage inspector regularly examines drainage systems and reports needed repairs to the drainage authority. The … 103E.511 Contract Not Awarded; Excessive Bids or Costs The drainage authority can order repairs to a drainage system after receiving the inspector's report. For major repairs, … 103E.515 Damages; Payment Property owners can petition for repair of a drainage system. The petition must be signed by at least 26 percent of the … 103E.521 Construction Supervision Repair costs are assessed against benefited properties based on the most recent benefit determination. The drainage … 103E.525 Constructing and Maintaining Bridges and Culverts The drainage authority can establish and maintain a repair fund for each drainage system. The fund is used to pay for … 103E.526 Constructing Road Instead of Bridge or Culvert The drainage authority can establish a buffer strip maintenance fund to pay for maintaining the required vegetation … 103E.53 Rules to Standardize Forms The drainage authority can transfer jurisdiction of a drainage system to another drainage authority, such as from a … 103E.531 Inspecting Drainage Construction; Partial Payments A property owner whose land is damaged because a drainage system is not properly maintained can petition for repair. If … 103E.535 Partial Payment of Retained Contract Amounts When a drainage system is no longer needed or is causing more harm than good, the drainage authority can abandon all or … 103E.541 Extending Time on Contracts The drainage authority can consolidate two or more drainage systems into one system for more efficient management. The … 103E.545 Reducing Contractor's Bond A drainage system or part of a system can be divided into separate systems if the drainage authority determines it would … 103E.551 Contractor Default When a road or highway crosses a drainage system, the road authority is responsible for maintaining bridges and culverts … 103E.555 Accepting Contract Railroad companies must maintain adequate crossings where railroads cross drainage systems. If a railroad fails to … 103E.601 Drainage Lien Statement Private drainage systems that outlet into public drainage systems must be properly connected and maintained. Property … 103E.605 Effect of Filed Drainage Lien The drainage authority can set conditions for private drain connections to public systems, including requiring the … 103E.611 Paying Drainage Liens and Interest A property owner can petition to have a private drain made part of the public drainage system. The drainage authority … 103E.615 Enforcing Assessments Property owners can petition to have their land removed from a drainage system if they can show that the system no … 103E.621 Satisfying Liens When a municipality (city or town) is within a drainage system's area, the municipality may be assessed for benefits to … 103E.625 Subdivision by Platting; Liens Apportioned State and federal lands within a drainage system's area are subject to benefit assessments. The state or federal agency … 103E.631 Apportioning Liens County and township roads that are part of or cross drainage systems must be maintained to avoid obstructing drainage. … 103E.635 Drainage Bond Issues When a drainage system needs to cross a state highway or trunk highway, the Department of Transportation is responsible … 103E.641 Drainage Funding Bonds Property owners must not obstruct or interfere with drainage system easements or rights-of-way. The drainage authority … 103E.645 Allowance and Payment of Fees and Expenses Drainage systems established before Minnesota's current drainage code took effect in 1990 remain valid. All rights, … 103E.651 Drainage System Account A drainage authority can use funds from the drainage system account for water management improvements that benefit the … 103E.655 Paying Drainage System Costs The drainage authority can enter into agreements with other government agencies and organizations for the construction, … 103E.661 Examining and Establishing Drainage System Accounts; State Auditor The drainage authority can accept grants, donations, and other funds from government agencies, organizations, or … 103E.701 Repairs County drainage systems can be transferred to the jurisdiction of a watershed district through a process that includes … 103E.705 Repair Procedure When a watershed district takes over a county drainage system, all existing rights, obligations, and assessments … 103E.711 Cost Apportionment for Joint County Drainage Systems A watershed district that has taken jurisdiction of drainage systems can consolidate or reorganize them for more … 103E.715 Repair by Petition The watershed district board acts as the drainage authority for all drainage systems under its jurisdiction, with all … 103E.721 Replacement and Hydraulic Capacity of Bridges and Culverts A watershed district can hold joint hearings with county boards when considering drainage matters that affect both … 103E.725 Cost of Repair The watershed district collects drainage assessments in the same manner as counties, through the property tax system. … 103E.728 Apportioning Repair Costs A watershed district can levy a tax within its boundaries to help fund drainage system maintenance and improvement. This … 103E.729 Apportioning Repair Costs; Alternative Option When a watershed district's jurisdiction includes only part of a county drainage system, the district and county must … 103E.731 Assessment; Bonds Drainage systems under the jurisdiction of the Red Lake Watershed District are governed by special provisions tailored … 103E.735 Drainage Systems; Repair Fund If a watershed district is dissolved or loses its authority, drainage systems it managed transfer back to the … 103E.741 Property Not Assessed Benefits; Hearing When a city annexes territory that is within a drainage system, the city becomes subject to the same drainage … 103E.745 Cost of Repair Exceeding Benefits in Anoka County A city that is part of a drainage system can petition to modify the system within city limits if changes are needed for … 103E.801 Consolidating or Dividing Drainage Systems Drainage authorities can use alternative dispute resolution methods, including mediation, to resolve disagreements about … 103E.805 Removing Property From Drainage System The drainage authority can establish a drainage system improvement account to fund long-term improvements and … 103E.806 Partial Abandonment of Drainage System The drainage authority may coordinate drainage system management with comprehensive water management planning at the … 103E.811 Abandoning Drainage System Counties that manage drainage systems must submit reports about their drainage system activities, finances, and … 103E.812 Transfer of All or Part of Drainage System The Board of Water and Soil Resources may develop guidelines and standards for drainage system management and provide …