D. Non-Petitioned Repair of Drainage Systems D. Non-Petitioned Repair of Drainage Systems

D. Non-Petitioned Repair of Drainage Systems

Minor routine maintenance of public drainage systems will help avoid costly repairs and mitigate other future issues.

Non-petitioned Repair is any repair or maintenance that is not instigated by a repair petition. Drainage Law does not require the appointment of an engineer for this type of repair. Non-petitioned Repair needs are brought to the attention of the drainage authority via the inspection and written report of the appointed inspection committee and/or drainage inspector. It is possible that an affected landowner will contact the drainage authority with repair concerns, but the inspection committee and/or the drainage inspector are charged with verification of the repair needs and for reporting to the drainage authority in writing.

Non-petitioned Repair covers both (1) routine maintenance, and (2) less frequent and more extensive repair. Routine maintenance of ditches includes, but is not limited to, removal of isolated sediment deposits and vegetation in the open channel, bridge and/or culvert cleaning, replacement of small culverts, and maintaining vegetation along the ditch bank. This type of work is minor in nature, but can be costly if it is not routine.

Examples of more extensive non-petitioned Repair include, but are not limited to, cleaning of continuous sediment deposits in the ditch bottom, fixing of isolated side slope damage due to sloughing, replacing bridges and large diameter culverts, and clearing of trees for access. This type of work is required less frequently.

Non-petitioned repair must meet the definition of repair and not accrue costs that exceed the limits of a repair levy in Minn. Stat. § 103E.705, Subd. 5 and 6.