New York Environmental Conservation Law Title 19 - DRAINAGE

• 15-1901 - Purpose.
  To provide for the drainage of agricultural land to the end that it may be made more productive, and in order to benefit the public...
• 15-1903 - General Provisions and Definitions.
  The following words and phrases used in this title 19, when not otherwise specified, are defined or indicate procedure, as follows: 1. Filing. Wherever it...
• 15-1905 - Drainage Improvement Districts.
  1. Bodies corporate which shall consist of and be known as drainage improvement districts may be created as herein provided to carry out the purposes...
• 15-1907 - Drainage Improvement Associations.
  1. There shall be in each drainage improvement district an association to be known by the name of the district, as ............. ............ Drainage Improvement...
• 15-1909 - Entry Upon Lands, Structures and Waters; Condemnation.
  1. For carrying out the surveys and examinations required by title 19 of this article, the department may enter upon any lands, structures and waters...
• 15-1911 - Petition for Formation of District.
  1. Any three or more persons possessing swamp, bog, pond, meadow, or other low or wet lands or any lands in the vicinity thereof, or...
• 15-1913 - Proceedings on Petition.
  1. On receipt of a petition for the formation of a district the department shall make such preliminary investigation of the proposed district as it...
• 15-1915 - Proceedings for Formation of District.
  1. At the hearing the department shall hear all persons affected by the formation of the proposed district. The department may change the tentative boundaries...
• 15-1917 - Surveys and Maps.
  1. The department may proceed to make such survey of the district as may be found to be necessary. It shall prepare maps of such...
• 15-1919 - Drainage Enhancements.
  1. For the purpose of making apportionments of the cost of future drainage construction, allowing credits for such construction already completed, determining the economic feasibility...
• 15-1921 - Proceedings on Enhancements.
  1. The drainage enhancements shall be set forth in a statement signed by the department, which together with the map of the district shall be...
• 15-1923 - Plans and Estimates.
  The department may make a study of the works necessary to drain the district and prepare maps, plans, estimates and reports showing a complete system...
• 15-1925 - General Apportionment of Cost.
  1. A general apportionment of the cost of the complete system of drainage shall be made as herein described. The total cost determined under the...
• 15-1927 - Proceedings on General Apportionment of Costs and Final Fixation of Boundaries.
  1. The department shall prepare and sign a statement of the general apportionment of cost and shall file it together with the maps, reports and...
• 15-1929 - Corrections and Revisions of Statements of Enhancements.
  Should it be found necessary to correct or to revise any statements of enhancements due to drainage, general apportionment of cost, general plan for drainage...
• 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...
• 15-1933 - Construction.
  1. In general all construction work shall be done by contract, but in the event that the estimated cost of such work or of a...
• 15-1935 - Contracts.
  1. The department may prepare contracts, plans and specifications for doing such work and furnishing the necessary materials. The work may be divided into several...
• 15-1937 - Operation and Maintenance.
  1. The care, operation and maintenance of the drainage works in a drainage improvement district shall be subject to the control and supervision of the...
• 15-1939 - Special Apportionment of Cost.
  1. The special apportionment of the cost of a construction project, be it new construction, enlargement, repair or maintenance, must be based on the benefits...
• 15-1941 - Major Repairs of Drainage Works.
  1. Major repairs, alterations, extensions and improvements of drainage works for a drainage improvement district may be made by the department on petition therefor and...
• 15-1943 - Minor Repairs in Drainage Districts.
  1. Application for the repair, enlargement or cleaning out of any ditch originally constructed or repaired by assessment under the provisions of title 19 of...
• 15-1945 - Minor Repairs in Existing Drainage Ditches.
  1. Repairs of a minor nature may be made to ditches heretofore constructed by assessment under the former drainage law, or the laws from which...
• 15-1947 - Unlawful Interference With Drainage Works.
  1. It shall be unlawful for any person to divert water from its natural watershed in such manner that it flows into a drainage district,...
• 15-1949 - Removal of Beaver.
  In the event that any drainage improvement district is inhabited by or is invaded by beaver and the work of those animals interferes with the...
• 15-1951 - Financing of Improvements.
  1. For defraying the costs of all proceedings, surveys, studies and construction projects authorized by any section of title 19 of this article, the department...
• 15-1953 - Drainage Improvement District Fund.
  Moneys received under the provisions of title 19 of this article shall constitute a fund to be known as the drainage improvement district fund, and...
• 15-1955 - Proceedings for Assessment and Collection of Cost.
  1. Except as otherwise provided by law, all costs and expenses necessary for the formation, improvement and maintenance of a drainage improvement district shall be...
• 15-1957 - Drainage Fund.
  1. The Comptroller shall designate a depository or depositories for receiving all moneys provided for the repair or enlargement of the ditches or channels specified...
• 15-1959 - Corrections and Revisions of Assessments, Determinations of Drainage Enhancements and Apportionment of Costs.
  1. In the event that obvious errors or discrepancies should be discovered in any assessment, determination of drainage enhancements or general or special apportionments of...
• 15-1961 - Drainage District With Federal Aid.
  1. In the event that any agency of the government of the United States shall be willing to perform, direct or finance any work for...
• 15-1963 - Formation of District With Federal Aid.
  1. The department may proceed of its own motion to form such district and to authorize the proposed work as though petitions therefor had been...
• 15-1965 - Construction Project.
  As soon as the formation of the district becomes effective, the department shall have full power to enter into agreements with the proper officials of...
• 15-1967 - Changes in Project.
  After such district is formed and the original federal project authorized, major changes in such project, additional federal projects or changes in district boundaries necessitated...
• 15-1969 - Continuation of District.
  Except for such projects as may be carried out by the federal government, any district formed under the provisions of section 15-1963 shall thereafter continue...
• 15-1971 - Transfer of Property and Discontinuance of District.
  Whenever a drainage improvement district created pursuant to this article and lying wholly within a county small watershed protection district established pursuant to article 5-D...
• 15-1973 - Drainage Section Association; Definitions.
  The following words and phrases, unless otherwise specified, are defined as follows: 1. A "drainage section" shall mean an area, of drainable acreage, as described...
• 15-1975 - Drainage Section Association; Creation.
  Three or more owners of drainable acreage may form a drainage section association by executing and recording articles of association as hereinafter provided.
• 15-1977 - Articles of Association; Recording and Filing.
  1. The articles of association shall be signed by all owners as listed therein and shall be acknowledged in the form now or hereafter required...
• 15-1979 - First Annual Meeting; Members; Officers; By-Laws.
  1. Upon filing and recording, the articles of association shall be deemed to be in effect and the drainage section association created thereby shall have...
• 15-1981 - Powers of Association; Limitations; Voluntary Dissolution.
  1. The association shall have: a. Power to construct, maintain and keep in repair the drainage project described in the articles of association; b. Power...
• 15-1983 - Drainage of Agricultural Lands; Procedure.
  1. Any person or persons owning any swamp, bog, pond, meadow or other low or wet agricultural lands within this state, or a drainage section...

Last modified: February 3, 2019