Stearns County Drainage Authority grants petition to abandon County Ditch 35

Acting as the Stearns County Drainage Authority, the county board granted a petition to abandon County Ditch 35 in Ashley Township after a public hearing and legal review.

Chad Martini, property services director, and county staff briefed the board on the procedural steps required for the evidentiary proceeding. Martini said the auditor’s office received the petition on May 12, 2025, and that all five benefited property owners had signed, representing 100% of the assessed properties. An affidavit of publication for the required three successive weekly notices had been submitted, Martini said.

Martini described the ditch as an original 18‑inch clay tile installation that has been superseded in the area by modern pattern tiling. He said the petitioners want the ditch abandoned so they can tile and farm over the former open channel. Martini told the board there are no outstanding drainage liens and the ditch “does not dump into any named or public waters” identified for utility or public benefit.

Commissioners questioned whether abandoning the ditch could create future liability for the county; Martini explained there is a 60‑day appeal period following the authority’s action and that the legal record and draft findings were prepared by outside counsel with the auditor’s office to reduce future exposure. Commissioner Notch moved adoption of the draft findings and order to grant the petition; Commissioner Clark seconded. The motion carried by unanimous voice vote.

Martini said the county will not take further action unless an appeal is filed within the statutory 60‑day period.