N.Y. Environmental Conservation Law Section 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.

Source: Section 15-1931 — Procedure for authorization of construction, https://www.­nysenate.­gov/legislation/laws/ENV/15-1931 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

15‑1901
Purpose
15‑1903
General provisions and definitions
15‑1905
Drainage improvement districts
15‑1907
Drainage improvement associations
15‑1909
Entry upon lands, structures and waters
15‑1911
Petition for formation of district
15‑1913
Proceedings on petition
15‑1915
Proceedings for formation of district
15‑1917
Surveys and maps
15‑1919
Drainage enhancements
15‑1921
Proceedings on enhancements
15‑1923
Plans and estimates
15‑1925
General apportionment of cost
15‑1927
Proceedings on general apportionment of costs and final fixation of boundaries
15‑1929
Corrections and revisions of statements of enhancements
15‑1931
Procedure for authorization of construction
15‑1933
Construction
15‑1935
Contracts
15‑1937
Operation and maintenance
15‑1939
Special apportionment of cost
15‑1941
Major repairs of drainage works
15‑1943
Minor repairs in drainage districts
15‑1945
Minor repairs in existing drainage ditches
15‑1947
Unlawful interference with drainage works
15‑1949
Removal of beaver
15‑1951
Financing of improvements
15‑1953
Drainage improvement district fund
15‑1955
Proceedings for assessment and collection of cost
15‑1957
Drainage fund
15‑1959
Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs
15‑1961
Drainage district with federal aid
15‑1963
Formation of district with federal aid
15‑1965
Construction project
15‑1967
Changes in project
15‑1969
Continuation of district
15‑1971
Transfer of property and discontinuance of district
15‑1973
Drainage section association
15‑1975
Drainage section association
15‑1977
Articles of association
15‑1979
First annual meeting
15‑1981
Powers of association
15‑1983
Drainage of agricultural lands

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 15-1931’s source at nysenate​.gov

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