H. Adoption of Findings and Order Revision as of 22:12, 5 August 2016 by Bfische (talk | contribs) (Content Added)(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff) H. Adoption of Findings and Order

H. Adoption of Findings and Order

A motion for approval of the engineer’s preliminary survey report must describe any changes that must be made in the proposed drainage project from those outline in the petition, including changes necessary to minimize or mitigate adverse impacts on the environment.⁶⁰⁵ To approve the engineer’s preliminary survey, the drainage authority must make the following determinations:

1. the proposed drainage project outlined in the petition, or modified and recommended by the engineer, is feasible;
   
2. there is necessity for the proposed drainage project;
   
3. the proposed drainage project will be of public benefit and promote the public health, after considering the environmental, land use, and multipurpose water management criteria in Minn. Stat. § 103E.015, subd. 1; and
   
4. the outlet is adequate.⁶⁰⁶
   

Changes may be stated by describing them in general terms or filing a map that outlines the changes in the proposed drainage project with the order.⁶⁰⁷ The drainage authority then must direct the engineer to proceed with a detailed survey⁶⁰⁸ and must order the appointment of viewers. ⁶⁰⁹

After the open meeting has adjourned, the petitioners’ attorney should prepare detailed findings and a proposed order which should be presented, after approval by the drainage authority’s legal counsel, at an open meeting of the drainage authority with or without notice. A resolution should be passed authorizing the chairperson to sign the findings and the order. A template Findings and Order Directing the Engineer to Proceed with a Detailed Survey and Appointing Viewers is found here. [Exhibit F]. The order and accompanying documents must be filed with the auditor or watershed district secretary.⁶¹⁰

FOOTNOTES

605 Minn. Stat. § 103E.261, subd. 5(a) (2015).
606 Minn. Stat. § 103E.261, subd. 5(a)(1)-(4) (2015).
607 Minn. Stat. § 103E.261, subd. 5(b) (2015).
608 Minn. Stat. § 103E.265, subd. 1 (2015).
609 Minn. Stat. § 103E.305, subd. 1 (2015).
610 Minn. Stat. § 103E.261, subd. 5(b) (2015).