New York § 15-1931 Procedure for authorization of construction

New York Statutes

§ 15-1931 — Procedure for authorization of construction

New York § 15-1931

Law ENVEnvironmental Conservation

Title 19Drainage

Art. 15Water Resources

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Bluebook

N.Y. Environmental Conservation § 15-1931 (2026).

Text

§ 15-1931. Procedure for authorization of construction.\n  1. Petition may at any time after the final fixation of boundaries of\na drainage improvement district be filed with the department asking that\nall or a part of the proposed drainage system be constructed. If the\nwork desired is not shown on the plans filed or differs from that so\nshown or if the cost of the work shall have changed, the department\nshall on request of the association or of the executive committee\nthereof make plans of such work, estimate the cost thereof and make\ntentative determination of the lands on which the cost of such work\nshould be apportioned, making suitable subdivision of parcels and the\nenhancements thereto, if necessary.\n  2. Such petition must be in writing, signed and acknowledged in the\nman

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§ 15-1931. Procedure for authorization of construction.\n 1. Petition may at any time after the final fixation of boundaries of\na drainage improvement district be filed with the department asking that\nall or a part of the proposed drainage system be constructed. If the\nwork desired is not shown on the plans filed or differs from that so\nshown or if the cost of the work shall have changed, the department\nshall on request of the association or of the executive committee\nthereof make plans of such work, estimate the cost thereof and make\ntentative determination of the lands on which the cost of such work\nshould be apportioned, making suitable subdivision of parcels and the\nenhancements thereto, if necessary.\n 2. Such petition must be in writing, signed and acknowledged in the\nmanner of a deed to be recorded, by a majority of the owners of the\nproperty to share in the cost of the work and representing at least half\nof the total of the drainage enhancements of such property as shown by\nthe recorded statement of enhancements, with subdivision of parcels made\nas above. The petition shall specify what part or parts of the work it\nis desired shall be built and the estimated cost thereof as the\ndepartment may have determined.\n 3. On receipt of such petition the department shall prepare a\ndescription of the proposed work and a special apportionment of the cost\nthereof, shall file such statement and apportionment and, after due\nnotice, shall hold a hearing thereon. Thereafter the department shall\ndetermine as to whether or not it is to the public interest to proceed\nwith the work. The department may approve or reject the application or\nmodify it and, if necessary, return it for further signatures or require\na new petition to be filed in lieu thereof.\n 4. If the application is approved the approving order shall fix the\nboundaries of the land on which the cost is to be apportioned and the\napportionment of such cost in final form shall be attached thereto.\nCertified copies of the order and apportionment in final form shall be\nfiled and notice of such filing given. Thereupon such order and\napportionment may be reviewed as provided by section 15-0905 and in due\ncourse shall be recorded.\n