C. Commissioner's Final Advisory Report Revision as of 19:47, 7 October 2016 by Bfische (talk | contribs)(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff) C. Commissioner's Final Advisory Report

C. Commissioner’s Final Advisory Report

The Commissioner of the Department of Natural Resources (“DNR”) must examine the engineer’s final report and, within 30 days of receipt of same, make a final advisory report to the drainage authority.⁶⁸³ Again, this document is normally signed by the Director of the Division of Ecological and Water Resources of the DNR or other appropriate delegate. The DNR Commissioner’s final advisory report must state whether the Commissioner:

1. Finds the engineer’s final report is incomplete and not in accordance with the provisions of the drainage code, specifying the incomplete or nonconforming provisions;
   
2. Approves the engineer’s final report as an acceptable plan to drain the property affected;
   
3. Does not approve the plan and makes recommendations for changes;
   
4. Finds the proposed drainage project is not of public benefit or utility under the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, subd. 1, specifying the facts and evidence supporting the findings; or
   
5. Finds a soil survey is needed and, if it is, makes a request to the engineer to make a soil survey.⁶⁸⁴
   

FOOTNOTES

⁶⁸³ Minn. Stat. § 103E.301(a) (2015).
⁶⁸⁴ Minn. Stat. § 103E.301(a)(1)-(5) (2015).