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This entry was published on 2014-09-22
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SECTION 15-1931
Procedure for authorization of construction
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1931. Procedure for authorization of construction.

1. Petition may at any time after the final fixation of boundaries of
a drainage improvement district be filed with the department asking that
all or a part of the proposed drainage system be constructed. If the
work desired is not shown on the plans filed or differs from that so
shown or if the cost of the work shall have changed, the department
shall on request of the association or of the executive committee
thereof make plans of such work, estimate the cost thereof and make
tentative determination of the lands on which the cost of such work
should be apportioned, making suitable subdivision of parcels and the
enhancements thereto, if necessary.

2. Such petition must be in writing, signed and acknowledged in the
manner of a deed to be recorded, by a majority of the owners of the
property to share in the cost of the work and representing at least half
of the total of the drainage enhancements of such property as shown by
the recorded statement of enhancements, with subdivision of parcels made
as above. The petition shall specify what part or parts of the work it
is desired shall be built and the estimated cost thereof as the
department may have determined.

3. On receipt of such petition the department shall prepare a
description of the proposed work and a special apportionment of the cost
thereof, shall file such statement and apportionment and, after due
notice, shall hold a hearing thereon. Thereafter the department shall
determine as to whether or not it is to the public interest to proceed
with the work. The department may approve or reject the application or
modify it and, if necessary, return it for further signatures or require
a new petition to be filed in lieu thereof.

4. If the application is approved the approving order shall fix the
boundaries of the land on which the cost is to be apportioned and the
apportionment of such cost in final form shall be attached thereto.
Certified copies of the order and apportionment in final form shall be
filed and notice of such filing given. Thereupon such order and
apportionment may be reviewed as provided by section 15-0905 and in due
course shall be recorded.