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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. Background. Drainage Districts historically based on parcel and section boundaries
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MACDCIntercounty 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
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
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
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
Revising the Drainage District Boundaries at a Day of Review of Drainage District Boundaries macdc.us
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
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
Day of Review of Drainage District Boundaries • Notice Requirements • Phone Calls • Hearing Time/Place • Attendees macdc.us
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
Revising the Drainage District Boundaries at the Hearing of Necessity macdc.us
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
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
Hearing of Necessity • Notice Requirements • Phone Calls • Hearing Time/Place • Attendees macdc.us
Revising the Drainage District Boundaries:Hearing of Necessity • Sign Order • Sign Minutes • Housekeeping Items • File/Account Consolidation • Drain Maps macdc.us
Questions? macdc.us
