F. Advisory Reviews F. Advisory Reviews

F. Advisory Reviews

As required by Minn. Stat. § 103E.255, the Commissioner (DNR) must file a preliminary advisory report with the county or joint board drainage authority before the date set for the preliminary hearing. The drainage authority may grant an extension of time for review and evaluation to the DNR if requested. The purpose of the advisory report is to advise the drainage authority on the adequacy of the engineer’s preliminary report. The report should include the full contact information (name, address, email, phone number) for the drainage authority and engineer. The commissioner's preliminary advisory report must specify any additional investigations that should be completed and documented in the engineer's final report related to public waters that may be affected and the environmental, land use, and multipurpose water management criteria in section Minn. Stat. § 103E.015, and cite the specific sections of the report that are inadequate. The preliminary and final reports should be sent electronically to the Regional Environmental Assessment Ecologist for the DNR Region where the project occurs so they can coordinate the advisory report.

Note: While not required in Drainage Law an amended preliminary engineer's report may be recommended if the commissioner does not consider the engineer's evaluation of the adequacy of the outlet to be sufficient.

The commissioner's preliminary advisory report will comment on applicable public water permit requirements for the proposed drainage project.

If the drainage authority is a watershed district, Minn. Stat. § 103D.711 requires DNR and BWSR (“director” and “board”) to prepare an advisory report prior to the public hearing. The primary focus of this review is to determine whether the report is complete and the drainage project is practical, and if it is not practical, provide recommendations for changes.