Download presentation
Presentation is loading. Please wait.
1
MACDC Intercounty Drain Procedures Training
Section 197: Revising Drainage District Boundaries for Intercounty Drains Lauren K. Dutcher Fahey Schultz Burzych Rhodes PLC February 15, 2017 macdc.us
2
Background Drainage Districts historically based on parcel and section boundaries Significant changes in land development and with advances in technology Drain Code offered no method to remove lands, only add in certain situations macdc.us
4
PA 261 of 2013 Amendment to Section 197 of the Drain Code
Drainage boards may now: Hold a Day of Review of Drainage District Boundaries Revise the Drainage District Boundaries During a Hearing of Necessity HOWEVER: Still no method to add a county to a county or intercounty drainage district or remove a county from an intercounty drainage district macdc.us
5
Mandatory Revisions The drainage board must revise the boundaries if:
A Chapter 8 petition is received and the survey of the drain or review of the boundaries reveals that the boundaries should be revised An inspection performed under Section 196 reveals that the boundaries should be revised macdc.us
6
Revising the Drainage District Boundaries at a Day of Review of Drainage District Boundaries
macdc.us
7
Day of Review of Drainage District Boundaries: Drainage Board Meeting #1
The drainage board should meet to discuss and approve: Retaining legal counsel (recommended) to review historical files and assist in Day of Review document preparation Retaining engineering firm to review historical drainage district boundaries and propose new boundaries Undergoing the Section 197 Process and whether to hold a Day of Review of Apportionments on the same day macdc.us
11
Day of Review of Drainage District Boundaries: Drainage Board Meeting #2
Once the legal and engineering review is complete, the Drainage Board should meet to: Review Legal Opinion Approve Preliminary District Map & Revised District Boundaries Approve Total Amount to be Assessed Set Percentages Between Counties Set Dates for Days of Review macdc.us
13
Day of Review of Drainage District Boundaries
Notice Requirements Phone Calls Hearing Time/Place Attendees macdc.us
14
Day of Review of Drainage District Boundaries: Drainage Board Meeting #3
Sign Order Approve Final Invoices Housekeeping Items File/Account Consolidation Drain Maps macdc.us
16
Revising the Drainage District Boundaries at the Hearing of Necessity
macdc.us
17
Revising the Drainage District Boundaries: Drainage Board Meeting #1
The drainage board should meet to discuss and approve: Retaining engineering firm to review historical drainage district boundaries and propose new boundaries Retaining legal counsel (recommended) to review historical files and assist in Hearing of Necessity document preparation Undergoing the Section 197 Process Day of Review of Apportionments should be held separately macdc.us
18
Revising the Drainage District Boundaries: Drainage Board Meeting #2
Once the legal and engineering review is complete, the drainage board should meet to: Review Legal Opinion Approve Preliminary District Map & Revised District Boundaries macdc.us
19
Hearing of Necessity Notice Requirements Phone Calls
Hearing Time/Place Attendees macdc.us
20
Revising the Drainage District Boundaries: Hearing of Necessity
Sign Order Sign Minutes Housekeeping Items File/Account Consolidation Drain Maps macdc.us
21
Questions? macdc.us
Similar presentations
