A. General (Section 3VII) A. General (Section 3VII)

A. General

Eventually, a minor or major repair of the system is required.

All drainage systems deteriorate with time, but at varying rates. Deterioration can be caused by a number of factors, including but not limited to wet and dry climatic periods, sedimentation, overgrowth of vegetation, erosion of the ditch bottom and side slopes, sloughing of side slopes due to soil instability, human activity (e.g., agricultural encroachment), or other factors not specifically listed here. Per Minn. Stat. § 103E.705, the drainage authority “shall maintain the drainage system that is located in its jurisdiction, including the permanent strips of perennial vegetation under Minn. Stat. 103E.021, and provide the repairs necessary to make the drainage system efficient.” If sufficient periodic maintenance is performed on the system by the drainage authority, this requirement will be met. Unfortunately, many drainage systems are not sufficiently maintained for reasons such as inadequate inspection, lack of a maintenance schedule, limited repair funds due to need of redetermination, or difficult accessibility. The result is reduced drainage efficiency. Eventually, a minor or major repair of the system is required, and in some instances an Improvement may be warranted.

The definition of Repair found in Minn. Stat. § 103E.701, Subd. 1, is:

to restore all or a part of a drainage system as nearly as practicable to the same hydraulic capacity as originally constructed and subsequently improved, including resloping of ditches and leveling of spoil banks if necessary to prevent further deterioration, realignment to original construction if necessary to restore the effectiveness of the drainage system, and routine operations that may be required to remove obstructions and maintain the efficiency of the drainage system.

''Repair" also includes:

(1) incidental straightening of a tile system resulting from the tile-laying technology used to replace tiles;

(2) and replacement of tiles with the next larger size that is readily available, if the original size is not readily available.

As noted in the above definition of a repair, resloping is allowed as part of a repair proceeding. Resloping (i.e., constructing to a flatter side slope) is commonly justified because of its ability to preclude future repairs due to soil instability or high flows during spring snowmelt. The resloped ditch is also easier for the drainage authority to inspect and maintain as related to weed and vegetation management, and for grass harvesting operations by private landowners. For resloped ditches, spoil piles adjacent to the ditch may provide some additional benefit by redirecting water on the field side to nearby side-inlet controls to meter water into the ditch.

Note: Drainage Law distinguishes between two types of repair: non-petitioned (repair/maintenance) and petitioned repair. However, that distinction is not made by the Minnesota Department of Natural Resources (DNR) and the US Army Corp of Engineers (USACOE). Please see the note below and Section B and contact the agencies as necessary to meet the requirements of federal and state law and/or rule.

Note: Persons proposing any activity (including maintenance or repair of drainage systems) that may involve work affecting a Navigable Water of the U.S., or a discharge of dredged or fill material into any wetland or water area, should contact the U.S. Army Corps of Engineers (USACOE) to determine if their project will require a USACOE's permit or authorization. These activities may also impact landowner benefits under the Food Securities Act of 1985, as subsequently amended. A more detailed discussion of these issues can be found in Chapter 3.