Chapter 10A - COUNTY DRAINAGE

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