Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.

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46A-10A-28. Approval required for rehabilitation or construction of drain covered by plan--Board review of commission decision.

If a board has adopted a drainage plan or any part, adjunct, amendment, or addition thereto, no rehabilitation of existing drainage or construction of new drainage, whether publicly or privately owned, if covered by the adopted plan, may be undertaken or authorized in the county until the location and extent thereof has been submitted to and approved by the board or commission, if established. In case of disapproval by a commission, it shall communicate its reasons in writing to the board. At a hearing to review the decision, by majority vote of the board members elect, a board may overrule all or any portion of a disapproval or any erroneous approval which is contrary to the adopted plan.

Source: SL 1985, ch 362, §28.


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