Scott County continues public hearings on Ditch 5 and Ditch 4; board sets new dates for final action

The Scott County Ditch Board and the Scott County Board of Commissioners on June 17 continued public hearings on the possible abandonment of County Ditch Number 5 and County Ditch Number 4 and set dates for further hearings while leaving open opportunities for additional written submissions. The board closed the public comment period on Ditch 5 and voted to continue that hearing to Aug. 19, 2025, at 8 a.m.; the hearing on Ditch 4 was continued 90 days to Sept. 16, 2025, at 8 a.m.

Why it matters: The board must base any abandonment decision on the evidence presented and on Minnesota law, including Minnesota Statutes Chapter 103E. Abandonment could shift ongoing maintenance responsibility and costs from the drainage authority to private landowners and may require wetland permits and mitigation from state agencies. Landowners who would be newly “benefited” by any retained drainage system can face assessments for redetermination of benefits and future maintenance.

At the continued hearing on Ditch 5, county staff and legal counsel summarized work directed at culvert elevations where the ditch crosses Trunk Highway 13 and a private crossing at 230 Third Street, and described meetings with the Minnesota Department of Transportation and the Minnesota Department of Natural Resources (DNR). County counsel told the board that the DNR confirmed landowners would retain authority to remove obstructions from an inventory public water course even if the ditch is abandoned, but that lowering culverts or doing restoration would likely require DNR permits and, in many cases, compensatory mitigation.

Landowners and attorneys who spoke during public comment urged continuances so private agreements could be negotiated and to allow viewers to be engaged for redetermination of benefits. Tim LaCroix, attorney for Drew Stilwell — a property owner…