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§ 46A-10A-1 |
Definitions |
§ 46A-10A-2 |
County drainage commission–Appointment–Filling vacancies–Majority required to act–Ex officio members |
§ 46A-10A-3 |
Term and removal of members |
§ 46A-10A-4 |
Meetings |
§ 46A-10A-5 |
Compensation of members |
§ 46A-10A-6 |
Employment of personnel |
§ 46A-10A-7 |
Assistance by units of state government–Expense reimbursement |
§ 46A-10A-7.1 |
Maintenance of correspondence file–Correspondence marked with date of receipt–Term of retention |
§ 46A-10A-8 |
State Water Management Board, districts, and existing water rights unaffected–Effect on drainage districts |
§ 46A-10A-9 |
Joint drainage efforts by counties |
§ 46A-10A-9.1 |
Petition for assistance in development of intercounty drainage plan–Board defined |
§ 46A-10A-9.2 |
Meeting to develop mutually acceptable joint county drainage activities |
§ 46A-10A-9.3 |
Recommendation, notice, and hearing before Water Management Board–Cost of publication–Implementation |
§ 46A-10A-9.4 |
Limitation on effectiveness of action required by Water Management Board |
§ 46A-10A-9.5 |
Action required by board to be included in county drainage plan–Not subject to referendum procedure |
§ 46A-10A-10 |
Joint powers agreements by local units of government as to drainage |
§ 46A-10A-11 |
Agreements for receipt of federal or state funds for drainage |
§ 46A-10A-12 |
Municipality contracting with county for services–Fees |
§ 46A-10A-13 |
Joint county-municipal drainage activities |
§ 46A-10A-14 |
Board to provide funds, equipment, and accommodations for county drainage activity |
§ 46A-10A-15 |
Adoption of emergency drainage measures–Hearing–Notice–Limited term–Renewal |
§ 46A-10A-16 |
County drainage plan–Preparation–Adjuncts–Considerations |
§ 46A-10A-17 |
Purposes of drainage plan |
§ 46A-10A-18 |
Drainage projects and coordinated drainage areas authorized |
§ 46A-10A-19 |
Maps authorized |
§ 46A-10A-20 |
Legal controls for drainage management–Right to continue existing drainage |
§ 46A-10A-21 |
Official controls not limited |
§ 46A-10A-22 |
Publication of notice of hearing on proposed drainage plan |
§ 46A-10A-23 |
Board action on plan by ordinance or resolution |
§ 46A-10A-24 |
Filing and publication of board action on plan–Effective date of plan–Public inspection |
§ 46A-10A-25 |
Petition for election on adoption of plan–Notice of election–Ballots–Suspension of effective date–Inconsistent drainage efforts prohibited |
§ 46A-10A-26 |
Rejection of plan by voters–Revision, filing, and publication |
§ 46A-10A-27 |
Filing copy of adopted official control |
§ 46A-10A-28 |
Approval required for rehabilitation or construction of drain covered by plan–Board review of commission decision |
§ 46A-10A-29 |
Failure of commission to act as approval–Extension of period by board |
§ 46A-10A-30 |
Permit system for drainage–Fee–Modification of drain or use of unrecorded right–Drainage without permit as misdemeanor–Civil penalty |
§ 46A-10A-31 |
Recording existing drainage rights–Information required–Disputing rights–Appeals–Recording final decision |
§ 46A-10A-31.1 |
Notice of recording requirements |
§ 46A-10A-31.2 |
Local governments exempt from recording requirements |
§ 46A-10A-32 |
Copy of recorded vested right to department |
§ 46A-10A-33 |
Enforcement of chapter and official controls |
§ 46A-10A-34 |
Adjudication functions of commission or board |
§ 46A-10A-34.1 |
Board of adjudication by mutual agreement–Jurisdiction |
§ 46A-10A-35 |
Appeals from commission and board–Time allowed–Commencing action in circuit court |
§ 46A-10A-36 |
Regulation and elimination of nonconforming drains |
§ 46A-10A-37 |
Amendment and repeal of drainage plan–Request by petition |
§ 46A-10A-38 |
Petition by landowner for change of drainage restrictions–Notice to directly affected persons |
§ 46A-10A-39 |
Hearing on petition–Commission recommendation to board |
§ 46A-10A-40 |
Affected person’s right to be heard–Resolution adopting or rejecting proposal–Review, publication, and effective date of adoption–Election |
§ 46A-10A-41 |
Drainage plan or official controls for municipality–Approval or contract by municipality required for effectiveness |
§ 46A-10A-42 |
Jurisdiction of incorporated municipality |
§ 46A-10A-43 |
Drainage district continuation and dissolution–County plan to include districts, vested rights and plans or projects of local government units and coordinated drainage areas |
§ 46A-10A-43.1 |
Petition for future maintenance of drain jointly and voluntarily maintained by landowners within ten years of July 1, 1985 |
§ 46A-10A-43.2 |
Signing of petition–Contents |
§ 46A-10A-43.3 |
Presentation of petition–Filing–Transmittal to Department of Agriculture and Natural Resources–Hearing |
§ 46A-10A-43.4 |
Opportunity to appear at hearing–When granted–Resolution by board as to maintenance of drain |
§ 46A-10A-44 |
Recommendation that state’s attorney seek injunction or other court action to prevent or abate violation |
§ 46A-10A-45 |
Mandamus proceedings authorized |
§ 46A-10A-46 |
Control of drainage construction, rehabilitation, or methods–Approval of board |
§ 46A-10A-47 |
Coordinated drainage area–Application for establishment–Inconsistency with county plan or controls barring formation–Validity of information in county in process of adopting plan or controls |
§ 46A-10A-48 |
Survey and map of proposed coordinated drainage area required–Availability for examination |
§ 46A-10A-49 |
Form, verification, signatures, filing, and presentation of application for establishment of area |
§ 46A-10A-50 |
Order establishing area subject to voters’ approval–Notice of election–Exemption from election requirement |
§ 46A-10A-51 |
Publication of election notice |
§ 46A-10A-52 |
Hours polls open–Costs of election |
§ 46A-10A-53 |
Establishment of area effective on voters’ approval–Waiting period after rejection by voters |
§ 46A-10A-54 |
Appointment and duties of election officers–Order declaring area established–Conclusiveness of order |
§ 46A-10A-55 |
Expenditure of county funds for application for coordinated drainage area–Assessment of costs from benefiting landowners |
§ 46A-10A-56 |
Public lands subject to drainage laws–Service of notices–Appearance by board or officer in charge |
§ 46A-10A-57 |
Responsibilities for drainage projects |
§ 46A-10A-58 |
Signatures required for board action on drainage project petition |
§ 46A-10A-59 |
Contents of drainage project petition |
§ 46A-10A-60 |
Presentation and filing of petition–Time for board action–Copy to department |
§ 46A-10A-61 |
Survey and report contracted by board–Contents–Right of entry–Copy to department |
§ 46A-10A-62 |
Survey report to be written–Inspection–Scheduling hearing–Notice requirements |
§ 46A-10A-63 |
Appearances at hearing–Establishment of project–Variation from report–Adjournment of hearing–Notices |
§ 46A-10A-64 |
Assistance by department–Reimbursement of expenses |
§ 46A-10A-65 |
Denial of petition or establishment of project–Findings required |
§ 46A-10A-66 |
Assessments authorized–Expenses paid |
§ 46A-10A-67 |
Acquisition of easements |
§ 46A-10A-68 |
Damages due to project–Determination–Hearing–Appeal |
§ 46A-10A-69 |
Naming project–Record of proceedings |
§ 46A-10A-70 |
Permissible drainage of land |
§ 46A-10A-71 |
Drains along or across highways |
§ 46A-10A-72 |
Open ditches restricted along highways |
§ 46A-10A-73 |
Drains along and across railroads–Costs |
§ 46A-10A-74 |
Construction of drainage facilities across railroads–Costs |
§ 46A-10A-75 |
Construction contracts–Bids–Preference of landowners–Bond of contractor–Construction without contract |
§ 46A-10A-76 |
Highway bridges and culverts–Construction–Maintenance–Modification–Costs |
§ 46A-10A-77 |
Construction and contracting powers of board |
§ 46A-10A-78 |
Maintenance and improvement of existing drains, watercourses, and levees |
§ 46A-10A-79 |
Apportionment of original cost to annexed area when project extended |
§ 46A-10A-80 |
Maintenance of drains–Assessment of costs |
§ 46A-10A-81 |
Jurisdiction of improved existing drain–Maintenance–Assessments |
§ 46A-10A-82 |
Maintenance without notice–Actions authorized |
§ 46A-10A-83 |
Petition for repair or improvement of drain |
§ 46A-10A-84 |
Repairs without contract–Cost reimbursement |
§ 46A-10A-85 |
Replacing drain as repair |
§ 46A-10A-86 |
Improvements–Survey and cost estimate–Ordering without notice |
§ 46A-10A-87 |
Improvements requiring notice and hearing–Reclassification of benefits–Appeal |
§ 46A-10A-88 |
Assessment of maintenance and improvement costs |
§ 46A-10A-89 |
Maintenance and assessments for drainage work in more than one county |
§ 46A-10A-90 |
Injury or obstruction of drainage as misdemeanor–Civil liability |
§ 46A-10A-91 |
Drain or watercourse constructed to prevent entry of water as nuisance–Exception |
§ 46A-10A-92 |
Abandonment of project–Procedure |
§ 46A-10A-93 |
Approval required to alter drainage rights established with federal or state funds |
§ 46A-10A-94 |
Accounts of expenditures maintained–Inspection |
§ 46A-10A-95 |
Appeal by state as to public lands |
§ 46A-10A-96 |
Stay of proceedings on appeal–Bond–Damages |
§ 46A-10A-97 |
Costs on appeal |
§ 46A-10A-98 |
Drainage district management by Board of Trustees |
§ 46A-10A-99 |
Petition for election |
§ 46A-10A-100 |
Election meeting–Appointments |
§ 46A-10A-101 |
Publication of notice of election–Votes by proxy |
§ 46A-10A-102 |
Election board to procure district records preceding election–Elected trustees to act as record custodians–Updates to district records |
§ 46A-10A-103 |
Voting rights of title holder |
§ 46A-10A-104 |
Landowner or joint landowners entitled to one vote collectively–Voting rights of minor or protected person |
§ 46A-10A-105 |
Voting through agent or proxy–Power of attorney to specify election for which it is used–Delivery of power of attorney |
§ 46A-10A-106 |
Superintendent’s responsibilities–Manner and purpose of elections |
§ 46A-10A-107 |
Ballots and poll list–Ballot delivery |
§ 46A-10A-108 |
Vote count–Determination of election results–Election materials to be retained for sixty days |
§ 46A-10A-109 |
Results of election to determine length of term |
§ 46A-10A-110 |
Trustees to appoint superintendent and clerks for subsequent election board–Determination of compensation of election board |
§ 46A-10A-111 |
Succeeding annual trustee elections |
§ 46A-10A-112 |
Trustee qualifications |
§ 46A-10A-113 |
Appointment to fill vacancy |
§ 46A-10A-114 |
Compensation of trustees and clerk of board–Filing requirements |
§ 46A-10A-115 |
Election of chair and clerk of board |
§ 46A-10A-116 |
Powers and duties of board of trustees |
§ 46A-10A-117 |
Costs and expenses–Levy |
§ 46A-10A-118 |
Assessment on real property |
§ 46A-10A-119 |
Tax–Tax fund |
§ 46A-10A-120 |
Issuance of improvement certificates and drainage bonds |
§ 46A-10A-121 |
Record of official acts and proceedings–Filing of financial report–Examination of report |
§ 46A-10A-122 |
Grievances–Mediation |
§ 46A-10A-123 |
Special election–Notice |