Benton County Drainage Authority sets Nov. 4 public hearing on petition to remove property from Ditch 12; approves landowner liability agreement for tree in CD

The Benton County Drainage Authority moved multiple ditch items to the Oct. 7 meeting, approved a landowner liability agreement for a tree to remain within a buffer strip on County Ditch 14 and set a public hearing for Nov. 4, 2025, at 9 a.m. on a petition to remove property from County Ditch 12.

At the start of the drainage-authority portion of the meeting, a commissioner asked to pull four consent-agenda items and move them to the Oct. 7 meeting for further review after questions were raised about the minutes; the authority agreed to that scheduling request.

Chris, county drainage staff, updated the authority on a landowner request tied to the CD 14 repair project and the authority's policy that trees in the buffer strip be removed to 16.5 feet from the top of bank. Adam, a drain inspector, said he contacted the landowner, who gave verbal agreement to accept responsibility for any damages caused by the tree and to transfer responsibility if the property is sold. The authority approved the staff recommendation to accept the landowner's signed acknowledgment, contingent on both property owners signing the document.

"The only reason I have Pat Johnson on here is because she was the one who came up to me," Adam said, and a commissioner insisted that both owners must sign the agreement to ensure liability is transferred if ownership changes.

The authority also considered a petition filed Sept. 2, 2025, asking that certain parcels be removed from the benefited area of County Ditch 12. Staff confirmed the parcels are currently listed as benefited landowners under the most recent redetermination of benefits. Citing Minnesota Statute 103E.805 and advice from the drainage attorney, staff recommended scheduling a public hearing so that the authority can notify all benefited landowners, hear comments, and then decide whether to remove the parcels.

A motion to hold a public hearing on Nov. 4, 2025, at 9 a.m. and direct the auditor-treasurer and drainage staff to mail notices to all benefited landowners and to publish the notice on the Benton County Drainage Authority website carried by voice vote. Staff and the drainage attorney confirmed the cost of the hearing will be assessed to the ditch if the action proceeds; they also said mailing notices with the regular maintenance invoice would be acceptable to save postage.

The authority adjourned its ditch meeting at 10:46 a.m. and returned to the county board session.