reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.615 — Enforcing Assessments.

103E.615 ENFORCING ASSESSMENTS.
Subdivision 1.
Municipalities.
Assessments filed for benefits to a municipality are a liability of the municipality and are due and payable with interest in installments on November 1 of each year as provided in section 103E.611. If the installments and interest are not paid on or before November 1, the amount due with interest added as provided in section 103E.611 must be extended by the county auditor against all property in the municipality that is liable to taxation. A levy must be made and the amount due must be paid and collected in the same manner and time as other taxes.
Subd. 2.
County or state-aid road.
If a public road benefited is a county or state-aid road, the assessment filed is against the county and must be paid out of the road and bridge fund of the county.
Subd. 3.
State trunk highway.
An assessment against the state for benefits to trunk highways is chargeable to and payable out of the trunk highway fund. The commissioner of transportation shall pay assessments from the trunk highway fund after receipt of a certified copy of the assessment against the state for benefits to a trunk highway.
Subd. 4.
Assessment for vacated town roads.
If a town is assessed for benefits to a town road in a drainage project proceeding under this chapter and the town road is later vacated by the town board under section 164.07, the town board may petition the drainage authority to cancel the assessment. The drainage authority may cancel the assessment if it finds that the town road for which benefits are assessed has been vacated under section 164.07.
Subd. 5.
State property.
State property, including rural credit property, is assessable for benefits received. The assessment must be paid by the state from funds appropriated and available for drainage assessments after the state officer having jurisdiction over the assessed property certifies the assessment to the commissioner of management and budget.
Subd. 6.
[Repealed, 1994 c 561 s 28]
Subd. 7.
Railroad and utility property.
Property owned by a railroad or other utility corporation benefited by a drainage project is liable for the assessments of benefits on the property as other taxable property. From the date the drainage lien is recorded, the amount of the assessment with interest is a lien against all property of the corporation within the county. Upon default the assessment may be collected by civil action or the drainage lien may be foreclosed by action in the same manner as provided by law for the foreclosure of mortgage liens. The county where the drainage lien is filed has the right of action against the corporation to enforce and collect the assessment.
History:
1990 c 391 art 5 s 80; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.621 — Satisfying Liens.

103E.621 SATISFYING LIENS.
When a drainage lien with the accumulated interest is fully paid, the auditor shall issue a certificate of payment with the auditor's official seal and record the certificate with the county recorder. The recorded certificate releases and discharges the drainage lien. The auditor may collect 25 cents for each description in the certificate. The auditor's fee and the fee of the county recorder must be paid from the account for the drainage system.
History:
1990 c 391 art 5 s 81
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.625 — Subdivision By Platting; Liens Apportioned.

103E.625 SUBDIVISION BY PLATTING; LIENS APPORTIONED.
A tract of property with a drainage lien that is subdivided by platting is not complete and the plat may not be recorded until the drainage liens against the tracts are apportioned and the apportionment is filed with the county recorder of the county where the tract is located.
History:
1990 c 391 art 5 s 82
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.631 — Apportioning Liens.

103E.631 APPORTIONING LIENS.
Subdivision 1.
Petition.
A person who has an interest in property that has a drainage lien attached to it may petition the drainage authority to apportion the lien among specified portions of the tract if the payments of principal and interest on the property are not in default.
Subd. 2.
Notice.
When the petition is filed, the drainage authority shall, by order, set a time and location for a hearing on the petition. The drainage authority shall give notice of the hearing by personal service to the auditor, the occupants of the tract, and all parties having an interest in the tract as shown by the records in the county recorder's office. The service must be made at least ten days before the hearing. If personal service cannot be made to all interested persons, notice may be given by publication. The petitioner shall pay the costs for service or publication.
Subd. 3.
Hearing.
The drainage authority shall hear all related evidence and, by order, apportion the lien. A certified copy of the order must be recorded in the county recorder's office and filed with the auditor.
History:
1990 c 391 art 5 s 83
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.641 — Drainage Funding Bonds.

103E.641 DRAINAGE FUNDING BONDS.
Subdivision 1.
Authority.
The board may issue drainage funding bonds under the conditions and terms in this section.
Subd. 2.
Conditions for issuance.
Drainage funding bonds may be issued if:
(1) money in a drainage system account or in the common drainage bond redemption fund will not be sufficient to pay the principal and interest of the drainage bonds payable from the funds and becoming due within one year afterwards; or
(2) the county has paid any of the principal or interest on any of its drainage bonds from county funds other than the fund from which the bonds are payable, or by the issuance of county warrants issued and outstanding.
Subd. 3.
Auditor's certificate.
(a) Before drainage funding bonds are authorized or issued under this section, the county auditor shall first sign and seal a certificate and present the certificate to the board. The board shall enter the certificate in its records. The certificate must state in detail, for each of the several drainage systems:
(1) the amount that will be required to pay an existing shortage under subdivision 2; and
(2) the probable amount that will be required to pay the principal and interest of the county's outstanding drainage bonds that become due within one year afterwards.
(b) The certificate is conclusive evidence that the county has authority to issue bonds under the provisions of this section in an amount that does not exceed the aggregate amount specified in the auditor's certificate.
Subd. 4.
Issuing bonds.
When the auditor's certificate is entered in the board's records, the board may issue and sell, from time to time, county drainage funding bonds for the same drainage purposes as the funds listed in the certificate were used. The bonds must be designated drainage funding bonds. The board shall authorize issuance of the drainage funding bonds by resolution. The drainage funding bonds must be sold, issued, bear interest, and obligate the county as provided in section 103E.635 for drainage bonds. The drainage funding bonds must mature serially in annual installments that are payable within 15 years.
Subd. 5.
Application of bond proceeds.
The proceeds of drainage funding bonds that are paid into the treasury must be applied to the purpose for which they are issued.
Subd. 6.
County bond obligation.
Drainage funding bonds are general obligations of the county but are not included in determining the county's net indebtedness under any law.
History:
1990 c 391 art 5 s 85
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.645 — Allowance And Payment Of Fees And Expenses.

103E.645 ALLOWANCE AND PAYMENT OF FEES AND EXPENSES.
Subdivision 1.
Fees and expenses.
The fees and expenses in this section are allowed and must be paid for services provided under this chapter.
Subd. 2.
Engineer, engineer's assistants, and other employees.
The compensation of the engineer, the engineer's assistants, and other employees is on a per diem basis and must be set by order of the drainage authority. The order setting compensation must provide for payment of the actual and necessary expenses of the engineer, the engineer's assistants, and other employees, including the cost of the engineer's bond.
Subd. 3.
Viewers.
Each viewer may be paid for every necessary day the viewer is engaged on a per diem basis and for the viewer's actual and necessary expenses. The compensation must be set by the drainage authority.
Subd. 4.
Board members.
Each member of the board may be paid a per diem under section 375.055, subdivision 1, and actual and necessary expenses incurred while actually employed in drainage proceedings or construction, or in the inspection of any drainage system if the board member is appointed to a committee for that purpose.
Subd. 5.
Auditor, attorney for petitioners, and other county officials.
The county auditor and the attorney for the petitioners must each be paid reasonable compensation for services actually provided as determined by the drainage authority. The fees and compensation of all county officials in drainage proceedings and construction are in addition to other fees and compensation allowed by law.
Subd. 6.
Petitioners' bond.
The cost of the petitioners' bond must be allowed and paid.
Subd. 7.
Payment.
The fees and expenses provided for in this chapter for a drainage project or system in one county must be audited, allowed, and paid by order of the board or for a drainage project or system in more than one county must be audited, allowed, and paid by order of the drainage authority after ten days' written notice to each affected county. The notice must be given by the auditor to the auditors of affected counties. The notice must state the time and location of the hearing and that all bills on file with the auditor at the date of the notice must be presented for hearing and allowance.
History:
1990 c 391 art 5 s 86
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.651 — Drainage System Account.

103E.651 DRAINAGE SYSTEM ACCOUNT.
Subdivision 1.
Funds for costs.
The board shall provide funds to pay the costs of drainage projects and systems.
Subd. 2.
Accounts.
The auditor shall keep a separate account for each drainage system. The account must be credited with all money from the sale of bonds and bond premiums and all money received from interest, liens, assessments, and other sources for the drainage system. The account must be debited with every item of expense made for the drainage system.
Subd. 3.
Investing surplus funds.
If a drainage system account or the common drainage bond redemption fund has a surplus over the amount required for payment of obligations presently due and payable from the account or fund, the board may invest any part of the surplus in bonds or certificates of indebtedness of the United States or of the state.
Subd. 4.
Dormant account transferred to general revenue fund.
If a surplus has existed in a drainage system account for a period of 20 years or more and there have not been any expenditures from the account during the period, the board, by a unanimous resolution, may transfer the surplus remaining in the drainage system account to the general revenue fund of the county.
History:
1990 c 391 art 5 s 87
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.655 — Paying Drainage System Costs.

103E.655 PAYING DRAINAGE SYSTEM COSTS.
Subdivision 1.
Payment made from drainage system account.
The costs for a drainage project proceeding and construction must be paid from the drainage system account by drawing on the account.
Subd. 2.
Insufficient funds; transfer from other accounts.
If money is not available in the drainage system account on which the warrant is drawn, the board may, by unanimous resolution, transfer funds from any other drainage system account under its jurisdiction or from the county general revenue fund to the drainage system account. If the board transfers money from another account or fund to a drainage system account, the money plus interest must be reimbursed from the proceeds of the drainage system that received the transfer. The interest must be computed for the time the money is actually needed at the same rate per year charged on drainage liens and assessments.
Subd. 3.
Warrant on account with insufficient funds; interest on warrant.
If a warrant is issued by the auditor under this chapter and there is not enough money in the drainage system account to pay the warrant when it is presented, the county treasurer shall endorse the warrant "Not paid for want of funds" with the date and treasurer's signature. Interest on the warrant must be at the rate of six percent per year and paid annually from available funds until the warrant is called in and paid by the treasurer. Interest may not be paid on a warrant after money is available to the treasurer to pay the warrants. The warrant is a general obligation of the county issuing the warrant.
History:
1990 c 391 art 5 s 88
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.661 — Examining And Establishing Drainage System Accounts; State Auditor.

103E.661 EXAMINING AND ESTABLISHING DRAINAGE SYSTEM ACCOUNTS; STATE AUDITOR.
Subdivision 1.
Application to examine accounts.
A county may apply, by resolution, to the state auditor to examine the accounts and records of any or all drainage systems in the county.
Subd. 2.
Establishing accounts.
The auditor must establish a system of accounts for each drainage system applied for in the county.
Subd. 3.
Paying expenses.
The compensation and travel and hotel expenses of the examining accountant must be audited, allowed, and paid into the state treasury by the board. The money must be credited to the general fund. The county auditor shall apportion the expenses among the drainage systems in the county.
History:
1990 c 391 art 5 s 89
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.711 — Cost Apportionment For Joint County Drainage Systems.

103E.711 COST APPORTIONMENT FOR JOINT COUNTY DRAINAGE SYSTEMS.
Subdivision 1.
Repair cost statement.
For a joint county drainage system the auditor of a county that has made repairs may present a repair cost statement at the end of each year, or other convenient period after completion, to each affected county. The repair cost statement must show the nature and cost of the repairs to the drainage system and must be based on the original apportionment of cost following the establishment of the drainage system. If a board approves the repair costs, the amount of the statement must be paid to the county submitting the statement.
Subd. 2.
Repair cost statement not paid.
(a) If a county does not pay the amount of the repair cost statement, the board of an affected county may petition the joint county drainage authority. The petition must:
(1) show the nature and necessity of the repairs made to the drainage system in the county during the period;
(2) show the cost of the repairs; and
(3) request the drainage authority to apportion the costs, by order, among the affected counties.
(b) When the petition is filed, the drainage authority shall, by order, set a time and location for a hearing to apportion the costs, and direct the auditor to give notice of the hearing to each affected county by publication and notice by mail to its auditor. At or before the hearing, the auditor of each affected county, except the petitioner, shall file with the drainage authority a statement showing:
(1) all repairs made to the drainage system in that county, not previously reimbursed;
(2) the nature and necessity of the repairs; and
(3) the cost of the repairs.
(c) The drainage authority has jurisdiction over the affected counties and shall hear all interested parties. The drainage authority shall determine which repairs were necessary and reasonable and proper costs. For the allowed repairs the drainage authority shall balance the accounts among the affected counties, by charging each county with its proportionate share of the cost of all repairs made and crediting each county with the amount paid for the repairs. The drainage authority shall order a just reimbursement among the affected counties. A certified copy of the order must be filed by the auditor with the auditors of affected counties, and the boards shall make the required reimbursement.
History:
1990 c 391 art 5 s 92
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.725 — Cost Of Repair.

103E.725 COST OF REPAIR.
All fees and costs incurred for proceedings relating to the repair of a drainage system, including inspections, engineering, viewing, and publications, are costs of the repair and must be assessed against the property and entities benefited.
History:
1990 c 391 art 5 s 95
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.728 — Apportioning Repair Costs.

103E.728 APPORTIONING REPAIR COSTS.
Subdivision 1.
Generally.
The cost of repairing a drainage system shall be apportioned pro rata on all property and entities that have been assessed benefits for the drainage system except as provided in this section.
Subd. 2.
Additional assessment for agricultural practices on permanent strip of perennial vegetation.
(a) The drainage authority may, after notice and hearing, charge an additional assessment on property that has agricultural practices on or otherwise violates provisions related to the permanent strip of perennial vegetation acquired under section 103E.021.
(b) The drainage authority may determine the cost of the repair per mile of open ditch on the ditch system. Property that is in violation of the grass requirement shall be assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length of open ditch in miles on the property in violation.
(c) After the amount of the additional assessment is determined and applied to the repair cost, the balance of the repair cost may be apportioned pro rata as provided in subdivision 1.
Subd. 3.
Soil loss violations.
The drainage authority after notice and hearing may make special assessments on property that is in violation of a county soil loss ordinance.
History:
1990 c 391 art 5 s 96; 2007 c 57 art 1 s 118
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.731 — Assessment; Bonds.

103E.731 ASSESSMENT; BONDS.
Subdivision 1.
Repair cost of assessments.
If there is not enough money in the drainage system account to make a repair, the board shall assess the costs of the repairs on all property and entities that have been assessed benefits for the drainage system.
Subd. 2.
Number of installments.
The assessments may be paid in annual installments specified in the assessment order. If the assessments are not more than 50 percent of the original cost of the drainage system, the installments may not exceed ten. If the assessments are greater than 50 percent of the original cost of the drainage system, the board may order the assessments to be paid in 15 or less installments.
Subd. 3.
Interest on assessments.
If the order provides for payment in installments, interest on unpaid assessments from the date of the order for assessments must be set by the board in the order. The interest rate may not exceed seven percent per year and must be collected with each installment.
Subd. 4.
Collecting assessments.
If the assessment is not payable in installments, a lien does not need to be filed, and the assessment, plus interest from the date of the order to August 15 of the next calendar year, must be entered on the tax lists for the year. The assessment and interest are due and payable with and as a part of the real estate taxes for the year. If an assessment is levied and payable in installments, the auditor shall file for the record in the county recorder's office an additional tabular statement in substance as provided in section 103E.601, and all the provisions of sections 103E.605, 103E.611, and 103E.615 relating to collection and payment must apply to the assessment. Upon the filing of the tabular statement, the installment and interest are due and payable and must be entered on the tax lists and collected in the same manner as the original lien.
Subd. 5.
Conditions to sell bonds for repair.
If a contract for drainage system repair has been entered into under this chapter or the repair has been ordered to be constructed by hired labor and equipment, and the board has ordered the assessments to be paid in installments, the board may issue and sell bonds, as provided by section 103E.635.
Subd. 6.
Repair of state drainage system when no benefits assessed.
For the repair of a drainage system established by the state where benefits were not assessed to the property, the drainage authority shall proceed to appoint viewers to determine the benefits resulting from the repair and collect assessments for the repair as provided in this chapter.
History:
1990 c 391 art 5 s 97
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.735 — Drainage Systems; Repair Fund.

103E.735 DRAINAGE SYSTEMS; REPAIR FUND.
Subdivision 1.
Authority and limits of fund.
To create a repair fund for a drainage system to be used only for repairs, the drainage authority may apportion and assess an amount against all property and entities assessed for benefits in proceedings for establishment of the drainage system, including property not originally assessed and subsequently found to be benefited according to law. The fund may not exceed 20 percent of the assessed benefits of the drainage system or $100,000, whichever is greater. If the account in a fund for a drainage system exceeds the larger of 20 percent of the assessed benefits of the drainage system or $100,000, assessments for the fund may not be made until the account is less than the larger of 20 percent of the assessed benefits or $100,000. Assessments must be made pro rata according to the determined benefits. Assessments may be made payable, by order, in equal annual installments. The auditor shall file a tabular statement as provided in section 103E.731, subdivision 4, with the county recorder. Assessments must be collected as provided in section 103E.731.
Subd. 2.
Transferring drainage system.
If a drainage system within the county has been taken over by a watershed district, or if responsibility for repair and maintenance of the drainage system has been assumed by any other governing body, the board may transfer any remaining surplus of the drainage system repair fund to the repair fund of the watershed district or to the appropriate fund of any existing governing body having responsibility for repair and maintenance of the drainage system.
History:
1990 c 391 art 5 s 98; 2010 c 298 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.741 — Property Not Assessed Benefits; Hearing.

103E.741 PROPERTY NOT ASSESSED BENEFITS; HEARING.
Subdivision 1.
Consideration by engineer.
In a proceeding to repair a drainage system, if the engineer determines or is made aware that property that was not assessed for benefits for construction of the drainage system has been drained into the drainage system or has otherwise benefited from the drainage system, the engineer shall submit a map with the repair report. The map must show all public and private main ditches and drains that drain into the drainage system, all property affected or otherwise benefited by the drainage system, and the names of the property owners to the extent practicable. The property owners must be notified of the hearing on the repair report at least ten days before the hearing. The auditor must give notice of the time and location of the hearing by mail.
Subd. 2.
Appointing viewers.
At the hearing on the repair report, if the drainage authority determines that property not assessed for benefits for the construction of the drainage system has been benefited by the drainage system, the drainage authority shall appoint viewers as provided by section 103E.305 before the repair contract is awarded. The viewers shall determine the benefits to all property and entities benefited by the original construction of the drainage system and not assessed for benefits arising from its construction. The viewers shall make a viewers' repair report to the drainage authority as provided by section 103E.315. When the viewers' repair report is filed, the auditor shall give notice of a hearing as required by section 103E.325 and the drainage authority has jurisdiction of each tract of property described in the viewers' report as provided in section 103E.331.
Subd. 3.
Viewers' repair report; hearing.
At the hearing on the viewers' repair report, the drainage authority shall hear all interested parties and determine the benefits to property and entities benefited by the original construction of the drainage system and not assessed for benefits.
Subd. 4.
Appealing assessment order.
A person may appeal from the order determining the assessments as provided by section 103E.091.
Subd. 5.
Property benefited in hearing order included in future proceedings.
For the repair of the drainage system under this section that included the property that was not assessed and in all future proceedings relating to repairing, cleaning, improving, or altering the drainage system, the property benefited in the viewers' report hearing is part of the property benefited by the drainage system and must be assessed, in the same manner provided for the assessment of the property originally assessed for and included in the drainage system.
History:
1990 c 391 art 5 s 99
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.745 — Cost Of Repair Exceeding Benefits In Anoka County.

103E.745 COST OF REPAIR EXCEEDING BENEFITS IN ANOKA COUNTY.
If the cost of the repair of a drainage system exceeds the benefits determined in the original proceedings for the establishment of the drainage system, the requirements of section 103E.215 for improvements of drainage systems apply if:
(1) the repair will result in the drainage of 100 or more acres of public waters in Anoka County;
(2) the public waters have existed for 15 or more years;
(3) the drainage system has not been substantially repaired for more than 25 years; and
(4) the physical repair was not started before July 1, 1980.
History:
1990 c 391 art 5 s 100
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.801 — Consolidating Or Dividing Drainage Systems.

103E.801 CONSOLIDATING OR DIVIDING DRAINAGE SYSTEMS.
Subdivision 1.
Authority to consolidate or divide.
After the benefited area of a drainage system has been redetermined by the drainage authority under section 103E.351 or in connection with drainage proceedings, the drainage authority may divide one system into two or more separate systems, consolidate two or more systems, transfer part of one system to another, or attach a part of a system that has been abandoned as provided in section 103E.805 or 103E.811 to another system to provide for the efficient administration of the system consistent with the redetermination of the benefited area.
Subd. 2.
Initiating action.
The consolidation or division may be initiated by the drainage authority on its own motion or by any party interested in or affected by the drainage system filing a petition. If the system is under the jurisdiction of a drainage authority, the petition must be filed with the auditor. If the system is under the jurisdiction of a watershed board, the petition must be filed with the secretary of the board.
Subd. 3.
Hearing.
(a) When a drainage authority or watershed board directs by resolution or a petition is filed, the drainage authority in consultation with the auditor or secretary shall set a time and location for a hearing. The auditor or secretary shall give notice by publication to all persons interested in the drainage system. The drainage authority may consolidate or divide drainage systems, by order, if it determines that the division of one system into two or more separate systems, the consolidation of two or more systems, the transfer of part of one system to another, or the attachment of a previously abandoned part of a system to another system:
(1) is consistent with the redetermination of the benefited areas of the drainage system;
(2) would provide for the efficient administration of the drainage system; and
(3) would be fair and equitable.
(b) An order to consolidate or divide drainage systems does not release property from a drainage lien or assessment filed for costs incurred on account of a drainage system before the date of the order.
History:
1990 c 391 art 5 s 101
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.805 — Removing Property From Drainage System.

103E.805 REMOVING PROPERTY FROM DRAINAGE SYSTEM.
Subdivision 1.
Petition.
After construction of a drainage system, an owner of benefited property may petition the drainage authority to remove property from the drainage system.
Subd. 2.
Filing.
If the drainage system is under the jurisdiction of a county drainage authority, the petition must be filed with the auditor of the county. If the drainage system is under the jurisdiction of a joint county drainage authority, the petition must be filed with the county having the largest area of property in the drainage system, where the primary drainage system records are kept. If the system is under the jurisdiction of a watershed district, the petition must be filed with the secretary of the district.
Subd. 3.
Hearing.
(a) When the petition is filed, the drainage authority in consultation with the auditor or the secretary shall set a time and location for a hearing on the petition and shall give notice of the hearing by mail to the owners of all property benefited by the drainage system, and either in a newspaper of general circulation within the affected drainage area or by publication on a website of the drainage authority.
(b) At the hearing, the drainage authority shall make findings and shall direct, by order, that the petitioners' property be removed from the drainage system if the drainage authority determines:
(1) that the waters from the petitioners' property have been diverted from the drainage system, or that the property cannot significantly or regularly use the drainage system;
(2) that the property is not benefited by the drainage system; and
(3) that removing the property from the drainage system will not prejudice the property owners and property remaining in the system.
Subd. 4.
Effect of removing property.
The property that has been removed from the drainage system is not affected by the drainage system at any later proceeding for the repair or improvement of the drainage system and a drainage lien or assessment for repairs or improvements may not be made against the property that has been removed on or after the date of the order.
Subd. 5.
Liens and assessments on property removed.
An order under this section does not release the property from a drainage lien filed on account of the drainage system before the date of the order. An order under this section does not release the property from any assessment or a drainage lien filed on or after the date of the order for costs incurred on account of the drainage system before the date of the order.
History:
1990 c 391 art 5 s 102; 2010 c 298 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.806 — Partial Abandonment Of Drainage System.

103E.806 PARTIAL ABANDONMENT OF DRAINAGE SYSTEM.
Subdivision 1.
Petition.
After construction of a drainage system, an owner of benefited property may petition the drainage authority to abandon any part of the drainage system that is not of public benefit and utility and does not serve a substantial useful purpose to property remaining in the system.
Subd. 2.
Filing.
If the drainage system is under the jurisdiction of a county drainage authority, the petition must be filed with the auditor of the county. If the drainage system is under the jurisdiction of a joint county drainage authority, the petition must be filed with the county having the largest area of property in the drainage system, where the primary drainage system records are kept. If the system is under the jurisdiction of a watershed district, the petition must be filed with the secretary of the district.
Subd. 3.
Hearing.
(a) When the petition is filed, the drainage authority, in consultation with the auditor or the secretary, shall set a time and location for a hearing on the petition and shall give notice of the hearing by mail to the owners of all property benefited by the drainage system, and either in a newspaper of general circulation within the affected drainage area or by publication on a website of the drainage authority.
(b) At the hearing, the drainage authority shall make findings and direct, by order, that part of the drainage system be abandoned, if the drainage authority determines that part of the drainage system does not serve a substantial useful purpose as part of the drainage system to any property remaining in the system and is not of a substantial public benefit and utility.
Subd. 4.
Effect of partial abandonment.
After partial abandonment of a drainage system, a repair petition may not be accepted for the abandoned part of the drainage system and the responsibility of the drainage authority for that part of the drainage system ends.
Subd. 5.
Liens and assessments on property.
An order under this section does not release the property from a drainage lien filed on account of the drainage system before the date of the order. An order under this section does not release the property from any assessment or a drainage lien filed on or after the date of the order for costs incurred on account of the drainage system before the date of the order.
History:
2010 c 298 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.001 — Citation; Water Law.

103F.001 CITATION; WATER LAW.
This chapter and chapters 103A, 103B, 103C, 103D, 103E, and 103G constitute the water law of this state and may be cited as the "Water Law."
History:
1990 c 391 art 6 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.06 — Soil Health Practices Program.

103F.06 SOIL HEALTH PRACTICES PROGRAM.
Subdivision 1.
Definitions.
(a) In this section, the following terms have the meanings given:
(1) "board" means the Board of Water and Soil Resources;
(2) "local units of government" has the meaning given under section 103B.305, subdivision 5; and
(3) "soil health" has the meaning given under section 103C.101, subdivision 10a.
Subd. 2.
Establishment.
(a) The board must administer a financial and technical support program to produce soil health practices that achieve water quality, soil productivity, climate change resiliency, or carbon sequestration benefits or reduce pesticide and fertilizer use.
(b) The program must include but is not limited to no till, field borders, prairie strips, cover crops, and other practices sanctioned by the board or the United States Department of Agriculture's Natural Resources Conservation Service.
Subd. 3.
Financial and technical assistance.
(a) The board may provide financial and technical support to local units of government, private sector organizations, and farmers to establish soil health practices and related practices with climate and water-quality benefits.
(b) The board must establish practices and costs that are eligible for financial and technical support under this section.
Subd. 4.
Program implementation.
(a) The board may employ staff or enter into external agreements to implement this section.
(b) The board must assist local units of government in achieving the objectives of the program, including assessing practice standards and program effectiveness.
Subd. 5.
Federal aid availability.
The board must regularly review and optimize the availability of federal funds and programs to supplement or complement state and other efforts consistent with the purposes of this section.
Subd. 6.
Soil health practices.
The board, in consultation with the commissioner of agriculture, may cooperate with the United States Department of Agriculture, other federal and state agencies, local governments, and private sector organizations to establish soil health goals for the state that will achieve water quality, soil productivity, climate change resiliency, and carbon sequestration benefits and reduce pesticide and fertilizer use.
History:
2023 c 60 art 5 s 15
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.101 — Citation.

103F.101 CITATION.
Sections 103F.101 to 103F.151 may be cited as the "Floodplain Management Law."
History:
1990 c 391 art 6 s 2; 2014 c 248 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.105 — Floodplain Management Policy.

103F.105 FLOODPLAIN MANAGEMENT POLICY.
(a) The legislature finds:
(1) a large portion of the state's land resources is subject to recurrent flooding by overflow of streams and other watercourses causing loss of life and property, disruption of commerce and governmental services, unsanitary conditions, and interruption of transportation and communications, all of which are detrimental to the health, safety, welfare, and property of the occupants of flooded lands and the people of this state; and
(2) the public interest necessitates sound land use development as land is a limited and irreplaceable resource, and the floodplains of this state are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.
(b) It is the policy of this state to reduce flood damages through floodplain management, stressing nonstructural measures such as floodplain zoning and floodproofing, flood warning practices, and other indemnification programs that reduce public liability and expense for flood damages.
(c) It is the policy of this state:
(1) not to prohibit but to guide development of the floodplains consistent with legislative findings;
(2) to provide state coordination and assistance to local governmental units in floodplain management;
(3) to encourage local governmental units to adopt, enforce and administer sound floodplain management ordinances;
(4) to provide the commissioner of natural resources with authority necessary to carry out a floodplain management program for the state and to coordinate federal, state, and local floodplain management activities in this state; and
(5) to provide incentives for communities to participate in the national flood insurance program and for citizens of Minnesota to take actions such as purchasing and maintaining flood insurance to reduce future flood damage to private property.
History:
1990 c 391 art 6 s 3; 2Sp1997 c 2 s 17
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.111 — Definitions.

103F.111 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103F.111 to 103F.165.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 3.
Flood fringe.
"Flood fringe" means the portion of the floodplain outside of the floodway.
Subd. 4.
Floodplain.
"Floodplain" means the areas adjoining a watercourse or water basin that have been or may be covered by a regional flood.
Subd. 5.
Floodway.
"Floodway" means the channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood.
Subd. 6.
Local governmental unit.
"Local governmental unit" means a county, statutory or home rule charter city, town, watershed district, or lake improvement district.
Subd. 7.
Mitigation.
"Mitigation" means the act of alleviating the effects of floods and flooding by moderating or reducing the severe damages resulting from floods through structural and nonstructural flood management measures.
Subd. 8.
Mitigation measures.
"Mitigation measures" means structural or nonstructural flood management measures, or both.
Subd. 9.
Nonstructural flood management measures.
"Nonstructural flood management measures" means actions in floodplains designed to reduce the damaging effects of floods on existing and potential users of floodplains, without physically altering the flood behavior. Nonstructural flood management measures include:
(1) public acquisition of floodplain lands;
(2) relocation of public and private structures and facilities;
(3) floodproofing of public and private facilities;
(4) installation and operation of flood warning systems and evacuation procedures;
(5) adoption and enforcement of land use control ordinances and building codes;
(6) installation of signs and other notifications in regional flood areas; and
(7) provision of flood insurance and public education.
Subd. 10.
Regional flood.
"Regional flood" means a flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval.
Subd. 11.
Structural flood management measures.
"Structural flood management measures" means physical actions taken to modify the behavior and extent of floods and flooding, including the construction of dams, dikes, levees, flood bypass channels, floodwater storage and retardation structures, and water level control structures, excluding deepening or straightening of existing stream channels.
Subd. 12.
Water basin.
"Water basin" has the meaning given it by section 103G.005, subdivision 16.
History:
1990 c 391 art 6 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.115 — Priority For Reducing Flood Damage.

103F.115 PRIORITY FOR REDUCING FLOOD DAMAGE.
Floodplain management ordinances are to be given primary consideration in the reduction of flood damage in the state and alternative methods for reducing flood damage may not be carried out before adoption of floodplain management ordinances by local governmental units. Structural projects which have the purpose of controlling floods are to be considered only as elements of a floodplain management program.
History:
1990 c 391 art 6 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.125 — Considering Industrial Uses In Floodplain.

103F.125 CONSIDERING INDUSTRIAL USES IN FLOODPLAIN.
The commissioner in promulgating guidelines under section 103F.141 and local governmental units in preparing floodplain management ordinances shall give due consideration to the needs of an industry whose business requires that it be located within a floodplain.
History:
1990 c 391 art 6 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.135 — Commissioner's Assistance And Inspections.

103F.135 COMMISSIONER'S ASSISTANCE AND INSPECTIONS.
Subdivision 1.
Commissioner's duties.
The commissioner shall:
(1) collect and distribute information relating to flooding and floodplain management;
(2) coordinate local, state, and federal floodplain management activities to the greatest extent possible, and encourage the United States Army Corps of Engineers and the United States Department of Agriculture to make their flood control planning data available to local governmental units for planning purposes, to allow adequate local participation in the planning process and in the selection of desirable alternatives;
(3) assist local governmental units in their floodplain management activities; and
(4) do all other things, within lawful authority, that are necessary or desirable to manage the floodplain for beneficial uses compatible with the preservation of the capacity of the floodplain to carry and discharge the regional flood.
Subd. 2.
Inspections.
In cooperation with local governmental units, the commissioner shall conduct, whenever possible, periodic inspections to determine the effectiveness of local floodplain management programs, including an evaluation of the enforcement of and compliance with local floodplain management ordinances.
History:
1990 c 391 art 6 s 9; 1993 c 163 art 1 s 11; 2014 c 248 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.141 — Rules.

103F.141 RULES.
Subdivision 1.
Authority and criteria.
The commissioner shall adopt rules to implement sections 103F.101 to 103F.151, including:
(1) criteria for determining the floodplain uses that may be permitted without creating an unreasonable public hazard or unduly restricting the capacity of the floodplain to carry and discharge a regional flood;
(2) variance procedures; and
(3) the establishment of criteria for alternative or supplemental floodplain management measures such as floodproofing, subdivision rules, building codes, sanitation rules, and flood warning systems.
Subd. 2.
[Repealed, 2Sp1997 c 2 s 32]
History:
1990 c 391 art 6 s 10; 2014 c 248 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.145 — Enforcement And Penalties.

103F.145 ENFORCEMENT AND PENALTIES.
Subdivision 1.
Uses in violation of ordinance; public nuisances.
Every structure, fill, deposit, or other floodplain use placed or maintained in the floodplain in violation of a floodplain management ordinance adopted under the provisions of sections 103F.105 to 103F.151 is a public nuisance.
Subd. 2.
Civil remedies.
The creation of a public nuisance under this section may be enjoined and the maintenance of a public nuisance under this section may be abated by an action brought by the commissioner or a local governmental unit.
Subd. 3.
Criminal penalties.
A person who violates a provision of sections 103F.105 to 103F.151 is guilty of a misdemeanor. Each day that the violation exists is a separate offense.
History:
1990 c 391 art 6 s 11; 2014 c 248 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.151 — Flood-prone Area Inventory And Assessment.

103F.151 FLOOD-PRONE AREA INVENTORY AND ASSESSMENT.
The commissioner shall conduct a statewide inventory and flood damage assessment of flood-prone structures and lands.
History:
1990 c 391 art 6 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103F — Protection Of Water Resources › Section 103F.165 — Flood Insurance.

103F.165 FLOOD INSURANCE.
Subdivision 1.
Policy.
It is the policy of the state that local governmental units subject to recurrent flooding participate in the national flood insurance program, Public Law 90-448, and amendatory and supplementary acts, so that the people of the state may have the opportunity to indemnify themselves from future flood losses through the purchase of the insurance.
Subd. 2.
[Repealed, 2014 c 289 s 70]
Subd. 3.
Applying for flood insurance.
After receiving notice from the commissioner or the Federal Emergency Management Agency that flood hazard areas have been identified, each local governmental unit is encouraged to apply for participation in the national flood insurance program in the manner prescribed by federal laws and regulations.
History:
1990 c 391 art 6 s 15; 2014 c 289 s 53