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 identified on maps near the south end of Spur 4 — asked the board for a 60-day continuance so affected private parties could agree on how to maintain drainage if the county abandons the ditch. Several other landowners described chronic flooding, changes in channel condition and the economic consequences of expensive repair options.

County staff and outside consultants told the board that much of Ditch 5’s original alignment has reverted to a “natural channel” and that restoration work would disturb sediment and likely trigger mitigation costs because regulated wetlands and public waters lie along the alignment. Staff identified two potential tracks: (1) retain and repair the lower portion of the system that serves current beneficiaries, or (2) proceed with a partial abandonment (for example, abandoning the upper east portion of the system while retaining lower reaches). County counsel noted that a redetermination of benefits would be required if the county were to fund major repairs, and that the cost of a redetermination can be on the order of dollars per watershed acre (counsel said viewers typically charge about $4 per acre as a round number).

After public comment, the board closed the public comment period on Ditch 5 and adopted a motion (voice vote) to continue the hearing to Aug. 19, 2025, at 8 a.m. The motion directed staff to prepare a recommendation for partial abandonment, directed the county attorney to prepare draft findings and an order consistent with any staff recommendation, and allowed attorney Tim LaCroix and his client to file a written objection up until the board’s final decision.

During the separate public hearing on County Ditch 4 (Credit River), county staff reported ballots mailed to benefited owners showed a majority of acreage and owners responding favored abandoning the ditch. Staff reported that Ditch 4 has become an urbanized stormwater conduit with significant residential development in the watershed and that the ditch reaches include inventory public waters that would implicate DNR permitting and mitigation for restoration work. Credit River city staff told the board the city is studying whether it could assume jurisdiction or otherwise participate; the city asked for a 90-day continuance to report back.

Members of the public — including multiple property owners who said they had suffered flooding or property damage — urged different outcomes: some urged the county to retain portions of Ditch 4 and do redetermination of benefits so more of the beneficiaries share the cost; others urged full abandonment or a transfer of jurisdiction to the City of Credit River. After public comment, the board closed the public hearing and voted to continue the Ditch 4 hearing 90 days to Sept. 16, 2025, at 8 a.m.

What the board said: County counsel reminded members the statutory decision standard for abandonment requires the board to determine (1) whether the drainage system serves any useful purpose to affected property; (2) whether it is a public benefit and utility; and (3) whether restoration of the system is practical. Counsel noted that even if the board finds a system useful, the board may still abandon it if restoration is not practical — a determination that can include the economic burden on benefited landowners, permitting constraints and mitigation costs.

Next steps and practical effects: If the board retains part or all of a ditch and proceeds with major repair or reconstruction, the county typically must complete a redetermination of benefits so that assessments are charged to the correct beneficiaries. If the county abandons a ditch, property owners retain statutory privileges to remove obstructions from public watercourses, but maintenance then becomes an individual landowner responsibility rather than a collectively assessed county responsibility. Where private agreements or easements exist between neighbors (for example, private drains that outlet into public spurs), the board may delay final action to allow parties to negotiate agreements that avoid leaving certain properties without an outlet.

Votes at a glance: - County Ditch Number 5 (Agenda item 3.1): Motion to close public comment and continue public hearing to Aug. 19, 2025, at 8 a.m.; directions to staff: prepare recommendation on partial abandonment; direct county attorney to draft findings and order consistent with staff recommendation; allowance for a written objection by Tim LaCroix and his client up to the final decision. Outcome: motion adopted (voice vote; board chair announced motion carried). - County Ditch Number 4 / Credit River (Agenda item 3.2): Motion to close public comment and continue public hearing to Sept. 16, 2025, at 8 a.m., to allow the City of Credit River and others additional time to study options and report back. Outcome: motion adopted (voice vote; board chair announced motion carried).

What the board did not decide: The board did not adopt any abandonment order on either ditch and did not make a final determination about restoration, redetermination of benefits or transfer of jurisdiction. Both items remain open for additional evidence and argument on the new hearing dates.

Ending note: County staff told the board DNR and MnDOT meetings were completed for Ditch 5 culvert crossings and that mitigation costs for wetland and public-waters impacts could be substantial — staff and counsel emphasized that both regulatory constraints and the economic assessment of who pays for repair will shape the board’s final decision on abandonment or partial retention.